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Idaho Supreme Court Rules in Favor of Coeur d'Alene Tribe

Brian Turner via flickr

The Idaho Supreme Court has ordered the state of Idaho to pay attorney fees and costs to the Coeur d’Alene Tribe in the instant racing case.

Earlier this year, Idaho lawmakers enacted legislation banning historical horse race betting machines.

Then Governor Butch Otter vetoed that measure.

But the Coeur d'Alene Tribe argued that Otter didn't complete the veto in the required five-day time frame, and the high court agreed.

Then, in a tit-for-tat move, the Idaho Attorney General’s office said the tribe failed to submit an invoice for attorney’s fees in the required 14-day time frame following appeals cases.

Wednesday, the state Supreme court turned down the State’s argument and ruled in favor of the tribe.

Deborah Ferguson is the lead consul for the tribe in the case who says the tribe was able to successfully argue there was no 14-day time limit since this was really not an appeals case.

“And the court agreed with the tribe on that point. This was an action brought before the Idaho Supreme court, exercising its original jurisdiction, not as an appeal. The tribe was seeking a petition for a Writ of Mandamus, which it was granted.”

The  Court has ruled that Idaho must pay the Coeur d'Alene Tribe some $57,000 in legal fees, although that was less the original $95,000 requested.