Idaho Newspaper Foundation v. City Cascade

In this case we are asked to review a district court's award of attorney fees in a mandamus action. The dispositive issue
is whether the award was authorized by I.C. § 12-120(3). For the reasons set forth below, we reverse. The relevant facts are as follows. The City of Cascade and the Cascade School District are public entities required by law
to publish notices of various actions. In 1987 these entities began to publish their legal notices in a newspaper called "The
Advocate." This decision prompted the Idaho Newspaper Foundation and a competing newspaper, the "Central Idaho Star News"
to file this lawsuit. They asserted that "The Advocate" lacked the minimum circulation and subscriber base prescribed by I.C.
§ 60-106 for newspapers publishing legal notices. They sought a writ of mandate directing the City and the School
District to publish legal notices in a properly qualified newspaper. Upon cross-motions for summary judgment, the district
court held that "The Advocate" satisfied the applicable statutory criteria. The application for mandamus relief was therefore
denied.