Monday 5/18 a Jerome County dairy was in court to reclaim fees and costs they paid out in a previous Idaho Supreme Court ruling based on an error the court had made. The case dates back to 2006 between Giltner Dairy LLc and Jerome County with 93 Golf Ranch LLc involved. According to court documents Giltner Dairy filed a petition for judicial review after the county changed a comprehensive plan map. Eventually the case made its way to the Idaho Supreme Court where it sided with the county and 93 Golf Ranch awarding attorneys fees and cost. Giltner had to pay $10,000. Today they tried to get their money back based on a mistake made by the Idaho Supreme Court.
Mr. Vanderbelt, Giltner attorney said "we have an unprecedented case here were the supreme court has said we made an improvident error." Acknowledgement of the mistake appeared in another supreme court ruling neighbors for responsible growth verses Kootenai County, in a foot note. Saying quote "we take this opportunity to observe that the award to golf ranch was improvidently granted." end quote. The case before the court was a judicial review of a county action and not a civil action. Therefore the supreme court admitted, fees and cost can not be sought in a judicial review. Today councils for Jerome County and Golf Ranch argued the Giltner Dairy filed a motion to reclaim fees and cost too late. Gary Slette, attorney 93 Golf Ranch "the reply brief that was filed, I received it today was untimely, but even if you indulge Giltner in every aspect of this motion its still an inappropriate motion to be heard by this court."
In his ruling today Judge Butler determined under civil and appellate rules he could not vacate or override the supreme courts ruling. Judge Butler, district court "the court would find that the motion at this late stage in the proceeding almost a year after the attorneys fees and costs have been paid it was not filed within a reasonable time."