Miller v. Rocking Ranch No. 3

Summary

The Idaho Supreme Court affirmed dismissal of the Association’s breach-of-contract counterclaim because the attorney fees assessed against Miller and Anderson were not necessary or proper under the CC&Rs, and Miller and Anderson therefore did not breach their payment obligations. The court vacated the attorney-fee award and remanded for a claim-by-claim determination of fees, holding that a party must both qualify for fees under the contract and prevail on the discrete claim for which fees are sought. The court also held that neither party was entitled to attorney fees on appeal under Idaho Code section 12-121, although Miller and Anderson were entitled to appellate costs.