Idaho Supreme Court Decisions 2007
Brandon Andrae v. Idaho Counties Risk Management Program Underwriters Andrae appeals ICRMPs denial of medical coverage
Date: December 27, 2007
Docket Number: 33250
Date: December 27, 2007
Docket Number: 33250
Doroeto Mike Hernandez v. Triple Ell Transport, Inc./State Insurance Fund/Liberty Northwest Hernandez appeals denial of medical coverage
Date: December 27, 2007
Docket Number: 33592
Date: December 27, 2007
Docket Number: 33592
Lane Ranch Partnership v. City of Sun Valley Application for a private road on property zoned OR-1
Date: December 27, 2007
Docket Number: 33423
Date: December 27, 2007
Docket Number: 33423
Elizabeth J. McCabe v. Jo-Ann Stores, Inc./Liberty Northwest Insurance McCabe appeals the Industrial Commissions decision denying disability rating
Date: December 27, 2007
Docket Number: 33675
Date: December 27, 2007
Docket Number: 33675
Neighbors for a Healthy Gold Fork v. Valley County/Wildwood Development Neighbors oppose 88 unit residential planned unit development in Valley County
Date: December 27, 2007
Docket Number: 33552
Date: December 27, 2007
Docket Number: 33552
Birdwood Subdivision HomeownersAssociation v. Bulotti Construction Appeal from a summary judgment holding that recorded restrictive covenants not signed by the owner of a platted subdivision, or the owners agent, do not bind the subsequent purchaser of a lot in the subdivision
Date: December 24, 2007
Docket Number: 33391
Date: December 24, 2007
Docket Number: 33391
Arden Cranney v. Mutual of Enumclaw Insurance Appeal from the district courts refusal to modify an arbitration award in motor vehicle accident case
Date: December 24, 2007
Docket Number: 33501
Date: December 24, 2007
Docket Number: 33501
Frank Lane Foster v. John B. Traul, M.D. Medical malpractice and lack of informed consent
Date: December 24, 2007
Docket Number: 33537
Date: December 24, 2007
Docket Number: 33537
Gem State Insurance Company v. Thomas Evon Hutchison Gem State claims that Hutchison negligently caused a fire on a home contruction site
Date: December 24, 2007
Docket Number: 33141
Date: December 24, 2007
Docket Number: 33141
Katherine P. Higgins v. Larry Miller Subaru The Industrial Commission denied Higgins unemployment benefits
Date: December 24, 2007
Docket Number: 33338
Date: December 24, 2007
Docket Number: 33338
Eugene L. Mason v. State Farm Mutual Masons suit alleges negligence, bad faith, breach of contract and intentional infliction of emotion distress premised on the fact that State Farm refused to pay a portion of medical expenses
Date: December 24, 2007
Docket Number: 33358
Date: December 24, 2007
Docket Number: 33358
BMC West Corporation v. James H. Horkley Horkley appeals the district court decision granting BMCs motion for summary judgment in building contract dispute
Date: December 5, 2007
Docket Number: 33140
Date: December 5, 2007
Docket Number: 33140
Charles Crowley v. Anne Critchfield Critchfield appeals the district court decision granting Crowleys motion for new trial in a car accident personal injury claim
Date: December 5, 2007
Docket Number: 33615
Date: December 5, 2007
Docket Number: 33615
Christa Ann Horkley v. James H. Horkley Breach of contract and foreclosure of deed of trust
Date: December 5, 2007
Docket Number: 32885
Date: December 5, 2007
Docket Number: 32885
Andrew Navarro v. Laura Yonkers Appeal from Magistrate decision granting custody of minor child to Yonkers
Date: December 5, 2007
Docket Number: 34118
Date: December 5, 2007
Docket Number: 34118
State of Idaho v. Jane Doe Doe appeals the magistrate court order terminating her parental rights to four children
Date: November 30, 2007
Docket Number: 33079
Date: November 30, 2007
Docket Number: 33079
Steed v. Grand Teton Council of the Boy Scouts of America, Inc. Alleged molestation while at camp operated by Grand Teton Council
Date: November 30, 2007
Docket Number: 33272
Date: November 30, 2007
Docket Number: 33272
Trilogy Network Systems, Inc. v. David Johnson Appeal from decision denying damages and attorney fees after prevailing in breach of contract claim
Date: November 30, 2007
Docket Number: 33824
Date: November 30, 2007
Docket Number: 33824
Veronica Glaze and Viola Ralston v. James Deffenbaugh Appeal from district courts granting Deffenbaughs motion for summary judgment
Date: November 27, 2007
Docket Number: 33303
Date: November 27, 2007
Docket Number: 33303
Best Hill Coalition v. HALKO, LLC HALKO appeals district courts granting of Best Hills motion for summary judgment in land development case
Date: November 23, 2007
Docket Number: 33323
Date: November 23, 2007
Docket Number: 33323
Ted A. Swanson v. Beco Construction Co., Inc. Appeal from the granting of summary judgment in an equipment lease agreement and alleged usage of trade
Date: November 23, 2007
Docket Number: 32827
Date: November 23, 2007
Docket Number: 32827
Ralph Naylor Farms, LLC v. Latah County, Idaho Appeal from district court decision denying Naylor Farms an award for attorney fees and costs
Date: November 21, 2007
Docket Number: 33422
Date: November 21, 2007
Docket Number: 33422
Catherine R. Garcia v. Albert Leroy Pinkham a/k/a Llewellyn A. Pingree Involving the granting of a petition for reinterment
Date: November 14, 2007
Docket Number: 33330
Date: November 14, 2007
Docket Number: 33330
Doug Cannon v. Kendon H. Perry Appeal from district courts granting of summary judgment in favor of Perry in real estate property contract dispute
Date: October 19, 2007
Docket Number: 32847
Date: October 19, 2007
Docket Number: 32847
J. Charles Blanton v. Canyon County Appeal from district courts dismissal of challenge to property-tax assessments for failure to exhaust administrative remedies
Date: October 11, 2007
Docket Number: 33439
Date: October 11, 2007
Docket Number: 33439
Kyle S. Nelson v. Darline Nelson, aka Heath Appeal from the magistrate judges amended custody order and modified visitation schedule
Date: October 10, 2007
Docket Number: 32503
Date: October 10, 2007
Docket Number: 32503
Vanessa Lynn Cordova v. Bonneville County Joint School Dist. No. 93 This case asks the Court to determine whether a school qualifies as a category two statutory employer and whether the summary judgment order based on statutory immunity can be affirmed on the alternate ground that the injured party was a borrowed employee
Date: July 31, 2007
Docket Number: 31188
Date: July 31, 2007
Docket Number: 31188
Maria E. Garcia v. Jay Windley Appeal from the district courts denial, in part, of summary judgment on the issue of mitigation; and use of an alleged erroneous jury instruction
Date: July 31, 2007
Docket Number: 32274
Date: July 31, 2007
Docket Number: 32274
Joey Pierce v. School District #21and State Insurance Fund Appeal from Industrial Commissions decision denying a workers compensation claim against the school district
Date: July 30, 2007
Docket Number: 32406
Date: July 30, 2007
Docket Number: 32406
The Vanderford Company, Inc. v. Richard I. Greif Suit brought to recover loan funds and foreclose on properties owned by Greif / The Pines Townhomes, LLC
Date: July 13, 2007
Docket Number: 31047/31163
Date: July 13, 2007
Docket Number: 31047/31163
State of Idaho and Casa v. John Doe Termination of parental rights
Date: July 2, 2007
Docket Number: 32732
Date: July 2, 2007
Docket Number: 32732
Howard R. Foley v. Jamie R. Grigg Appeal from district courts decision assigning annuity payment re structured settlement in wrongful death claim
Date: June 29, 2007
Docket Number: 33059
Date: June 29, 2007
Docket Number: 33059
Frank L. Chapin v. Robert M. Linden, Jr. Appeal from district courts order granting summary judgment to Linden in a dispute over an alleged contract to convey property
Date: June 27, 2007
Docket Number: 32946
Date: June 27, 2007
Docket Number: 32946
Krystal D. Downey , et al. v. The Morris and Dixie Vavold Family Trust Appeal of the district courts determination that plaintiffs failed to prove boundary by agreement
Date: June 27, 2007
Docket Number: 33279
Date: June 27, 2007
Docket Number: 33279
Teresa Louise Griffin v. Mark L. Anderson - Appeal from the district courts entry of judgment quieting title in favor of Griffin
Date: June 27, 2007
Docket Number: 32617
Date: June 27, 2007
Docket Number: 32617
Vondean Renee Karel v. State of Idaho Department of Finance Appeal from the district court decision resulting in the suspension of securities agent license
Date: June 27, 2007
Docket Number: 33191
Date: June 27, 2007
Docket Number: 33191
Super Grade, Inc. v. Idaho Department of Commerce and Labor Appeal from Industrial Commissions decision re partial transfer of experience rating account and assuming joint liability for unpaid unemployment inusrance taxes
Date: June 27, 2007
Docket Number: 32695
Date: June 27, 2007
Docket Number: 32695
Camilla Cafferty v. State of Idaho, Department of Transportation, DMV Services Dismissal of claims re negligence and wrongful death
Date: May 31, 2007
Docket Number: 32818
Date: May 31, 2007
Docket Number: 32818
Fenwick, et al. v. Idaho Department of Lands, et al. Activities conducted on state public endowment land did not have to comply with the county zoning ordinance
Date: May 29, 2007
Docket Number: 32690
Date: May 29, 2007
Docket Number: 32690
Dennis Thompson v. Robert Ebbert and Elise Ebbert Summary judgment finding that an attempted lease of a garage was void based on lack of authority
Date: May 29, 2007
Docket Number: 32743
Date: May 29, 2007
Docket Number: 32743
State of Idaho, Department of Health and Welfare v. Doe Termination of parental rights
Date: May 25, 2007
Docket Number: 32362
Date: May 25, 2007
Docket Number: 32362
State of Idaho v. Rick Yzaguirre, Chairman, Ada County Board of County Commissioners, et al. Scope of "litigation exception" to the open meeting law under I.C. Section 67-2345(1)(f) the statute has since been amended
Date: May 25, 2007
Docket Number: 33048
Date: May 25, 2007
Docket Number: 33048
Trent L. Clark v. The Spokesman-Review, Cowles Publishing Co, et al. -Defamation claim and false light invasion of privacy tort claim
Date: May 24, 2007
Docket Number: 32565
Date: May 24, 2007
Docket Number: 32565
Cristo Viene Pentecostal Church and Jose N. Pastor v. Jesus A. Paz Motion for summary judgment re lease with purchace option
Date: May 24, 2007
Docket Number: 32280
Date: May 24, 2007
Docket Number: 32280
Gail S. Ater v. Idaho Bureau of Occupational Licenses, et al. Disciplinary proceedings - allegedl violation of certain provisions of the American Counseling Association Code of Ethics
Date: May 23, 2007
Docket Number: 33143
Date: May 23, 2007
Docket Number: 33143
John Doe v. State of Idaho, Department of Health and Welfare Terminating parental rights
Date: May 23, 2007
Docket Number: 32972
Date: May 23, 2007
Docket Number: 32972
Dorea Enterprises, Inc. v. City of Blackfoot City immunity from damages caused by the Citys sewer system
Date: May 23, 2007
Docket Number: 32826
Date: May 23, 2007
Docket Number: 32826
Lane Ranch Partnership v. City of Sun Valley, Idaho Summary judgment and affirmation on judicial review of denial re zoning and subdividing
Date: May 23, 2007
Docket Number: 33220
Date: May 23, 2007
Docket Number: 33220
Arthur Myers v. Qwest and Reliance National Indemnity Company Workers compensation claim re failure to comply with Idaho Code
Date: May 23, 2007
Docket Number: 32852
Date: May 23, 2007
Docket Number: 32852
Mother Doe, et al. v. The City of Elk River Summary judgment re City of Elk River re claim of attractive nuisance
Date: May 9, 2007
Docket Number: 32543
Date: May 9, 2007
Docket Number: 32543
Cowles Publishing Co. v. Idaho Counties Risk Management Program Underwriters, et al. Access to public records and district courts permanent protective order sealing settlement agreement
Date: May 4, 2007
Docket Number: 32195
Date: May 4, 2007
Docket Number: 32195
Lana Campbell v. Michael E. Reagan Judgment dismissing action for failure to timely serve a summons and complaint and failure to show good cause for timely service
Date: May 3, 2007
Docket Number: 32879
Date: May 3, 2007
Docket Number: 32879
William Shane McKinley v. Guaranty National Insurance Company Personal injury judgment exceeding policy limits and subsequent claims of bad faith in handling injury claim, breach of contract ,and intentional infliction of emotional distress
Date: May 3, 2007
Docket Number: 32500
Date: May 3, 2007
Docket Number: 32500
Baird Oil Company, Inc. v. The Idaho State Tax Commission District court ruling finding Bairds claim against Idaho State Tax Commission barred pursuant to the doctrine of res judicata
Date: May 1, 2007
Docket Number: 31668
Date: May 1, 2007
Docket Number: 31668
Baird Oil Company, Inc. v. The Idaho State Tax Commission District court ruling finding Bairds claim against Idaho State Tax Commission barred pursuant to the doctrine of res judicata
Date: May 1, 2007
Docket Number: 31668
Date: May 1, 2007
Docket Number: 31668
Travis and Cynthia Kiebert v. Earlyn and Violet Quirin District court grant of summary judgment re quiet title to real property located in Bonner County, Idaho
Date: May 1, 2007
Docket Number: 31708
Date: May 1, 2007
Docket Number: 31708
P.O. Ventures, Inc. v. The Loucks Family Irrevocable Trust, et al. District court grant of summary judgment to P.O. Ventures re specific performance of land sale contract
Date: May 1, 2007
Docket Number: 32551
Date: May 1, 2007
Docket Number: 32551
Charles W. Steiner v. Carol Gilbert, et al. Entry of Stipulated Judgment following quiet title action and subsequent allegation of contempt against successor in interest alleging interference with easement granted under Stipulated Judgment
Date: May 1, 2007
Docket Number: 32322
Date: May 1, 2007
Docket Number: 32322
Tammie McDaniel, et al. v. Inland Northwest Renal Care Group-Idaho, LLC Medical malpractice suit re physical injuries suffered as an alleged result of dialysis treatment
Date: April 27, 2007
Docket Number: 32539
Date: April 27, 2007
Docket Number: 32539
Marcia T. Turner, LLC v. City of Twin Falls Denial of request for a special use permit to construct a television transmission tower
Date: April 27, 2007
Docket Number: 32884
Date: April 27, 2007
Docket Number: 32884
Duane Watson v. David Watson Specific performance of an alleged oral agreement between two siblings to purchase real property owned as tenants in common
Date: April 27, 2007
Docket Number: 32237
Date: April 27, 2007
Docket Number: 32237
Robert L. Wilhelm v. Steve P. Frampton Permissive appeal from decision re statute of limitations on an action to recover allegedly excessive fee charged by an attorney
Date: April 27, 2007
Docket Number: 32922
Date: April 27, 2007
Docket Number: 32922
Anissa Stout v. Key Training Corporation Whether I.C. section 67-5908(3) or section 12-120(3) allows an award of attorney fees to an employee bringing successful employment discrimination claim under the Idaho Human Rights Act
Date: April 11, 2007
Docket Number: 32881
Date: April 11, 2007
Docket Number: 32881
Helga Withers v. Bogus Basin Recreational Assoc., Inc. Interpretation and application of Idaho Code 6-1101-Ski Area Liability Act arising from an accident suffered by Withers
Date: April 3, 2007
Docket Number: 33098
Date: April 3, 2007
Docket Number: 33098
Crown Point Development , Inc. v. City of Sun Valley Denial of preliminary plat review and design review applications and whether error occurred by augmentation of record
Date: March 30, 2007
Docket Number: 32264
Date: March 30, 2007
Docket Number: 32264
John Bach v. Katherine Miller Action to quiet title to same property and subsequent appeal of district court order granting restitution to Bach pursuant to I.C. section 6-414
Date: March 29, 2007
Docket Number: 31658
Date: March 29, 2007
Docket Number: 31658
Idaho State Police v. Real Property Situated in the County of Cassia Denial of motion to set aside default judgment granting forfeiture of home under I.C. section 37-2744A
Date: March 29, 2007
Docket Number: 32593
Date: March 29, 2007
Docket Number: 32593
Kevin Nation, et al. v. State of Idaho, Department of Correction, et al. Orders granting summary judgment re federal civil rights claims and state law claims
Date: March 29, 2007
Docket Number: 31110
Date: March 29, 2007
Docket Number: 31110
Jim and Rose Rouse v. Household Finance Corporation, et al. Grant of summary judgment to Household Finance Corporation re breach of insurance contract and negligence
Date: March 29, 2007
Docket Number: 32886
Date: March 29, 2007
Docket Number: 32886
Jennifer L. Cox v. The Hollow Leg Pub and Brewery, et al. Industrial Commission order determining recipient of unemployment benefits had willfully underreported weekly income
Date: March 28, 2007
Docket Number: 33173
Date: March 28, 2007
Docket Number: 33173
Steve Fritts, et al. v. Liddle & Moeller Construction, Inc., et al. Dispute arising during construction of custom built home and suit for damages and removal of lien, etc.
Date: March 28, 2007
Docket Number: 32089
Date: March 28, 2007
Docket Number: 32089
In the Matter of the Universe Life Insurance Company, in Liquidation / Grain Growers Membership v. Liquidator Summary judgment award construing policy provisions
Date: March 28, 2007
Docket Number: 31194
Date: March 28, 2007
Docket Number: 31194
Paula Puckett v. Joseph Verska, M.D. Medical malpractice litigation re rulings on motion to reconsider, a jury instruction, motion in limine, motion for new trial, etc
Date: March 28, 2007
Docket Number: 32571
Date: March 28, 2007
Docket Number: 32571
Jennie Ramos v. Gordon Dixon, D.O., et al. Judgment in medical malpractice case entered after grant of summary judgment on grounds that opinion of expert was inadmissible
Date: March 28, 2007
Docket Number: 33095
Date: March 28, 2007
Docket Number: 33095
Sirius LC v. Bryce H. Erickson, et al. Enforceability of promissory note and ability to recover upon the note by foreclosing on real estate mortgage securing the note
Date: March 28, 2007
Docket Number: 32582
Date: March 28, 2007
Docket Number: 32582
Mary Jo Stolle v. Christine Bennett Denial of workers compensation benefits arising from a slip and fall on ice while stepping out of a limousine as the limousines driver
Date: March 28, 2007
Docket Number: 32429
Date: March 28, 2007
Docket Number: 32429
Ticor Title Company v. Richard W. Stanion, II District court grant of summary judgment and whether escrow agent for title company is prevented from bringing claim against the bankrupt on grounds of res judicata, etc.
Date: March 21, 2007
Docket Number: 32649
Date: March 21, 2007
Docket Number: 32649
Christopher Hopper v. Suzanne Hopper Custodial rights of father - compromised by the criminal act of the mother in taking the child from Idaho and the misconduct of the mother in making a false domestic violence claim
Date: March 19, 2007
Docket Number: 31423
Date: March 19, 2007
Docket Number: 31423
In Re SRBA Case No. 39576 (Subcase 91-63) / United States of America v. Pioneer Irrigation District, et al. Water rights case re ownership interests of the United States and various irrigation entities
Date: March 9, 2007
Docket Number: 31790
Date: March 9, 2007
Docket Number: 31790
In Re SRBA Case No. 39576 (Subcase 91-63) / Gene F. Bray, et al. v. Pioneer Irrigation District, et al. Water right claims for irrigation storage and other storage rights from Arrowrock Dam and Reservoir, Lucky Peak Dam and Reservoir, and Anderson Ranch Dam and Reservoir
Date: March 9, 2007
Docket Number: 31794
Date: March 9, 2007
Docket Number: 31794
John C. Wichterman v. J. H. Kelly, Inc., et al. Denial of workers compensation claim arising from two incidents of exposure to hazardous substances
Date: February 23, 2007
Docket Number: 32526
Date: February 23, 2007
Docket Number: 32526
Sons & Daughters of Idaho, Inc., et al. v. The Idaho Lottery Commission Petition for judicial review of a bingo license revocation
Date: February 23, 2007
Docket Number: 32218
Date: February 23, 2007
Docket Number: 32218
Idaho State Tax Commission v. I R Trucking, et al. Appeal of judgment authorizing Tax Commission to sell vehicles titled in name of IR Trucking to pay tax debt of Richard and Iva Henderson
Date: February 21, 2007
Docket Number: 32776
Date: February 21, 2007
Docket Number: 32776
Joyce Livestock Company v. United States of America Claim to instream water rights on federal rangeland, determining priority dates of water rights, and rejecting claim United States also has instream water rights
Date: February 9, 2007
Docket Numbers: & 32846, 32278, 32279
Date: February 9, 2007
Docket Numbers: & 32846, 32278, 32279
Lu Ranching Co. v. United States of America Claim to instream water rights on federal rangeland and determining the priorty dates of those water rights
Date: February 9, 2007
Docket Number: 31994
Date: February 9, 2007
Docket Number: 31994
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