Idaho Supreme Court Decisions 2011
Date: December 12, 2011
Docket Number: 37771
Justia Opinion Summary: Idaho Development, LLC (Idaho Development) advanced $1,100,000.00 to Teton View Golf Estates, LLC (Teton View), a joint venture made up of Idaho Development as a 33.3% owner and Rothchild Properties, LLC as a 66.7%…
Date: December 8, 2011
Docket Number: 37740
Justia Opinion Summary: Claimant-Appellant Dennis Current appealed the Idaho Industrial Commission's denial of his unemployment benefits. Claimant argued that the Commission erred in finding he willfully made a false statement, and in failing…
Date: November 30, 2011
Docket Number: 37563-2010
Justia Opinion Summary: Former engineering professor Plaintiff Habib Sadid appealed the grant of summary judgment in favor of his former employer Defendant Idaho State University which dismissed his retaliation claim. Plaintiff alleged the…
Date: November 30, 2011
Docket Number: 37613
Justia Opinion Summary: Defendant Christian Rivas-Del Toro is a Mexican citizen who was residing and working in the United States illegally. In the summer of 2005, he began working as a truck driver for co-defendants Willard, Michael, and…
Date: November 30, 2011
Docket Number: 37805
Justia Opinion Summary: In Plaintiff T.J.T., Inc.'s second appeal from a summary judgment in favor of Defendant Ulysses Mori, in which the district court found that the non-competition agreement Mori allegedly breached was unenforceable under…
Date: November 30, 2011
Docket Number: 37861
Justia Opinion Summary: This was an insurance coverage dispute between the County of Boise and its Insurer, Idaho Counties Risk Mangement Program (ICRMP). ICRMP refused to defend the County in Fair Housing Act (FHA) litigation in federal court,…
Date: November 30, 2011
Docket Number: 38890
Justia Opinion Summary: John Doe (Father) and Jane Doe (Mother) appeal from an order terminating their parental rights. The two appellants have three children together, and Mother has an additional child with another man. The magistrate…
Date: November 23, 2011
Docket Number: 37236
Justia Opinion Summary: The issue on appeal in this case stemmed from a 2005 real estate purchase and sales agreement (PSA) entered into between Pines Grazing Association as the seller, and J.C. Investments (owner of Flying Joseph Ranch) as the…
Date: November 18, 2011
Docket Number: 37573
Justia Opinion Summary: At the center of this case was a permissive appeal from the district court's interlocutory entry of a protective order, which held certain documents related to the suspension of Appellant Paul J. Montalbano’s privileges…
Date: November 10, 2011
Docket Number: 37893
Justia Opinion Summary: At the heart of this case laid the existence of two disputed roadways or easements over the Appellants Chris and Dana Belstlers’ property benefitting Respondents Karen and Howard Conines. Since purchasing the property in…
Date: November 10, 2011
Docket Number: 38012
Justia Opinion Summary: Plaintiff-Appellant Kepler-Fleenor and several other property owners in Division III of the Sawtelle Mountain Subdivision challenged a district court's decision that an unnamed road in their subdivision was public by…
Date: November 9, 2011
Docket Number: 37186
Justia Opinion Summary: Petitioner-Appellant Brian Sopatyk sought judicial review of the Lemhi County Board of Commissioners' decision to validate Anderson Creek Road, which ran the length of his property. He contended the road never became…
Date: November 9, 2011
Docket Number: 37574-2010
Justia Opinion Summary: At issue before the Supreme Court was an order of the district court which held that the statute making peer review records privileged applied to a lawsuit brought by a doctor who claimed that a hospital acted in bad…
Date: November 7, 2011
Docket Number: 38116
Justia Opinion Summary: The City of Lewiston (City) enacted "Ordinance No. 4512" that created a stormwater utility and fee for the operation and maintenance of the its stormwater system. Five government entities (Entities) subject to the…
Date: November 3, 2011
Docket Number: 37771
Justia Opinion Summary: Idaho Development, LLC (Idaho Development) advanced $1,100,000.00 to Teton View Golf Estates, LLC (Teton View), a joint venture made up of Idaho Development as a 33.3% owner and Rothchild Properties, LLC as a 66.7%…
Date: November 3, 2011
Docket Number: 37887
Justia Opinion Summary: Claimant-Appellant William Rigoli appealed an Industrial Commission's decision that found him ineligible for unemployment benefits because he was discharged for misconduct in connection with his employment. Claimant…
Date: November 3, 2011
Docket Number: 37933
Justia Opinion Summary: Appellant Two Jinn, Inc. appealed a district court's decision that affirmed a magistrate's denial of its motion to set aside a bond forfeiture. Two Jinn argued that it demonstrated a defense of impossibility of…
Date: November 2, 2011
Docket Number: 36601
Justia Opinion Summary: In 2002, Defendant David Egan, a business manager for Defendant Foxhollow Construction and Trucking, Inc. (Foxhollow), met with Wayne Johnson of Defendant L.N. Johnson Paving, LLC (Johnson) to discuss a bid for…
Date: November 2, 2011
Docket Number: 37258
Justia Opinion Summary: This appeal arose from a petition for judicial review of the Camas County Board of Commissioners' (Board) decision to approve a preliminary subdivision plat. The district court held that the Board’s findings of fact and…
Date: November 2, 2011
Docket Number: 37398-2010
Justia Opinion Summary: The issue before the Supreme Court in this appeal was the City of Lewiston's rejection of a bid for a public works project on the grounds that the lowest bidder lacked sufficient experience for the project. In 2009, the…
Date: November 2, 2011
Docket Number: 37779
Justia Opinion Summary: This case involved a custody dispute between Charles Hernandez, the biological father of two minor children, and Janice Ausburn, the children's maternal grandmother. In 2001, the children's mother Kerri left the children…
Date: November 2, 2011
Docket Number: 38096-2010
Justia Opinion Summary: Claimant David Tarbet worked for Employer J.R. Simplot Company for thirty-six years until an accident in 2007 left him totally and permanently disabled. The issue before the Industrial Commission (Commission) was whether…
Date: November 1, 2011
Docket Number: 37170
Justia Opinion Summary: The issue on appeal before the Supreme Court was the grant of summary judgment against Landscapes Unlimited, LLC (LU) in which the district court: (1) applied I.C. 45-508 to postpone LU’s lien claim in golf course…
Date: November 1, 2011
Docket Number: 37622
Justia Opinion Summary: Petitioner Shanna Locker appealed the Industrial Commission’s (Commission) finding that she was insubordinate when she failed to provide a medical release at the request of her employer, Logan’s Foodtown. The Commission…
Date: November 1, 2011
Docket Number: 37828
Justia Opinion Summary: Petitioner Virginia Beaudoin appealed a district court's dismissal of her motion for summary judgment on a breach of fiduciary duty claim against Defendant Davidson Trust Company. The claim stemmed from Davidson Trust’s…
Date: October 28, 2011
Docket Number: 36940
Justia Opinion Summary: Plaintiff Jon Wakelum and Mike Ressler attended an auction of three parcels of property owned by Defendant Thomas Hagood that was conducted by Bullock and Company Realtors (Bullock). The auction was advertised as an…
Date: September 14, 2011
Docket Number: 36980
Justia Opinion Summary: This case came before the Supreme Court on appeal from a jury verdict entered in a wrongful death case in favor of Jose Aguilar, Guadalupe Aguilar, Alejandro Aguilar, Lorena Aguilar and Jose Aguilar, Jr. (collectively,…
Date: September 7, 2011
Docket Number: 36916
Justia Opinion Summary: Defendant AIA Services Corporation entered into a stock redemption agreement with Appellant Reed Taylor to purchase all of his shares in AIA Services for a $1.5 million down payment promissory note and a $6 million…
Date: September 7, 2011
Docket Number: 37335
Justia Opinion Summary: Do Nguyen, Jana Nguyen, Kenny Nguyen and John Doe’s (collectively "the Nguyens") appealed a district court's grant of a motion to set aside a default judgment in favor of Janice Maynard. On appeal, Maynard contended that…
Date: September 2, 2011
Docket Number: 37623
Justia Opinion Summary: Claimant Patrick Williams appealed the Industrial Commission's determination that I.C. 72-802 does not prohibit Respondent Blue cross of Idaho from seeking to exercise its contractual right of subrogation against his…
Date: September 2, 2011
Docket Number: 37894
Justia Opinion Summary: Claimant Floyd Fife appealed a decision of the Industrial Commission that found he had failed to prove that his medical condition requiring back surgery was caused by an industrial accident rather than by pre-existing…
Date: August 8, 2011
Docket Numbers: 38534, 38536, 38567
Justia Opinion Summary: Jane and John Doe appealed a trial court's order that terminated their parental rights to Jane's four and John's two children on the grounds of neglect and in the best interests of the children. The Idaho Department of…
Date: August 8, 2011
Docket Number: 37638
Justia Opinion Summary: After conducting an informal custody trial and granting the parties' divorce, a magistrate judge awarded the parties joint legal custody of their two minor children. Primary physical custody was awarded to their father…
Date: August 4, 2011
Docket Number: 37561
Justia Opinion Summary: Following a district court's resolution of a property dispute between Respondents Daniel and Sherri-Jo Garner and Appellants Brad and Leiza Povey, Appellants sought an award of attorney fees under the "commercial…
Date: August 4, 2011
Docket Number: 37228
Justia Opinion Summary: This case arose from a contract for services between Defendant Erik Partin and Plaintiff Cody Schroeder under which Defendant assembled a specialty car engine for Plaintiff. A jury returned a verdict finding that…
Date: July 28, 2011
Docket Number: 35974
Justia Opinion Summary: Defendant Four Rivers Packing Company operated an onion packing plant and hired Plaintiff Stuart Mackay as the company's "field man." Plaintiff had been in the onion business for decades and knew many onion farmers. Four…
Date: July 12, 2011
Docket Number: 38491
Justia Opinion Summary: Respondent John Doe appealed a magistrate court's judgment that terminated his parental rights to his three minor children. The magistrate court found that Respondent neglected his children by failing to provide them…
Date: July 11, 2011
Docket Number: 37901
Justia Opinion Summary: Plaintiff Randy Hoffer challenged the district court's dismissal of three of his five tort claims against the City of Boise (City). Of two in particular, the district court dismissed Plaintiff's claims of tortious…
Date: July 11, 2011
Docket Number: 37226
Justia Opinion Summary: Plaintiff Janet Nightengale brought a medical malpractice action against emergency room doctor Defendant Dr. Kevin Timmel. Defendant failed to diagnose a clot in one Plaintiff's vascular arteries. That condition cut off…
Date: July 8, 2011
Docket Number: 36861
Justia Opinion Summary: In 2001, Plaintiff Allied Bail Bonds, Inc. and Defendants the Kootenai County Sheriff and Board of Commissioners entered into a settlement agreement setting forth procedures for how inmates at the county jail would be…
Date: June 30, 2011
Docket Number: 37123
Date: June 29, 2011
Docket Number: 37384
Justia Opinion Summary: At issue in this case were the rights of three brothers who were residuary beneficiaries under a testamentary trust. One of the brothers leased the trust property when the trust terminated. The other two brothers sued…
Date: June 29, 2011
Docket Number: 37076
Justia Opinion Summary: Jacklin Land Company (Jacklin) owned real property that it developed into a commercial industrial complex. The development was subject to multiple covenants, conditions and restrictions (CC&Rs). One of the CC&Rs was that…
Date: June 29, 2011
Docket Number: 37416
Justia Opinion Summary: Appellant Lynnette Patterson argued that she was constructively discharged from her position with the Fraud Unit of the state Department of Health and Welfare (IDHW) due to her complaints about an intra-office romance…
Date: June 29, 2011
Docket Number: 36955
Justia Opinion Summary: Plaintiffs Stephen and Marilee Bell hired contractor Defendant Perception Construction Management, Inc. (PCM) to build a log home. The parties' relationship deteriorated, and the Plaintiffs terminated the contract before…
Date: June 28, 2011
Docket Number: 36742
Justia Opinion Summary: Petitioner-Appellant Stan Hawkins appealed a decision by the Bonneville County Board of Commissioners that granted his neighbors Dale and Mary Meyers variances to replace aging homes on two parcels of their land. The…
Date: June 28, 2011
Docket Number: 36742
Date: June 13, 2011
Docket Number: 37368
Justia Opinion Summary: Appellants David and Marsha Steed are the former employers of Claimant Marsha Fearn. Ms. Fearn resigned from her job in April 2009, and sent an email with her personal contact information to approximately 7500 of the…
Date: June 10, 2011
Docket Number: 38321
Justia Opinion Summary: Plaintiff-Respondent Jeconiah Evans and Defendant-Appellant Jessica Sayler divorced in 2007. They agreed to a joint custody agreement for their two children. Ms. Sayler decided she would go to college and stipulated to a…
Date: June 2, 2011
Docket Number: 37123
Justia Opinion Summary: Plaintiff-Appellant Mary Soignier appealed a district court's decision that granted summary judgment to her former attorney, W. Kent Fletcher. On appeal to the Supreme Court, Plaintiff asserted that Attorney Fletcher…
Date: June 2, 2011
Docket Number: 36481
Justia Opinion Summary: Petitioner-Appellant Roger Steele and several residents appealed a district court order that dismissed their claim that the City of Shelley (City) illegally annexed land in Bingham County known as "Kelley Acres." The…
Date: May 27, 2011
Docket Number: 37244
Justia Opinion Summary: Plaintiff Eileen McDevitt tripped and fell on a recessed irrigation box outside Sportsman's Warehouse. The store was part of a larger shopping center. Plaintiff sued the store and others to recover for her injuries. The…
Date: May 27, 2011
Docket Number: 37058
Justia Opinion Summary: Appellant Twin Lakes Canal Company (Twin Lakes) owned a reservoir. Respondents Warren and Sessilee Choules own property subject to a "prescriptive overflow" easement by Twin Lakes. In 2008, Twin Lakes filed suit against…
Date: May 26, 2011
Docket Number: 37157
Justia Opinion Summary: Appellants David and Kathy Caldwell appealed the district court's refusal to allow the removal of trees within and adjacent to an access road easement that ran over property belonging to their neighbors, Respondents…
Date: May 26, 2011
Docket Number: 37562
Justia Opinion Summary: Coeur d'Alene Paving, Inc. (CDA Paving) leased several parcels of real property in Kootenai County from Beacon West, LLC. Approximately thirty acres of this leased property was zoned for mining activity. CDA had an…
Date: May 26, 2011
Docket Number: 37348
Justia Opinion Summary: The Idaho Department of Water Resources (Department) appealed an order of the district court that required it to strike a term from a hydropower water right license issued to the Idaho Power Company. In 1984, an…
Date: May 26, 2011
Docket Number: 36853
Justia Opinion Summary: Appellants Samuel Jr. and Laurie Schneider appealed the district court's decree quieting title to real property in favor of Respondents Vernon and Dorothy Kennedy as adverse possessors. In 1924, Mr. Kennedy's great-uncle…
Date: May 26, 2011
Docket Number: 37002
Justia Opinion Summary: Plaintiffs Knipe Land Company (KLC) and John Knipe appealed a jury verdict in favor of Defendants Richard and Johnnie Robertson and Robertson Kennels, Inc. KLC is a real estate broker that specializes in agricultural and…
Date: May 26, 2011
Docket Number: 37360
Justia Opinion Summary: Appellant Lesia Knowlton appealed the Industrial Commission's determination that she was not entitled to workers' compensation benefits. Appellant was employed as a secretary at Respondent Wood River Medical Center. In…
Date: May 25, 2011
Docket Number: 37294
Justia Opinion Summary: In October 2008, the Idaho Power Company filed an application with the Idaho Public Utilities Commission (IPUC) to modify its tariff. Some of the proposed amendments applied to the relocation of utilities facilities…
Date: May 25, 2011
Docket Number: 37293-2010
Justia Opinion Summary: In October 2008, the Idaho Power Company (Company) filed an application with the Idaho Public Utilities Commission (IPUC) seeking to modify its “line extension” tariff that applied to requests for electrical service that…
Date: May 25, 2011
Docket Number: 36801
Justia Opinion Summary: Defendants Milt and Mary Erhart owned a commercial building in Meridian that contained offices that they rented to various lessees. The building had external stairs that consisted of carpet-covered, wooden steps from a…
Date: May 25, 2011
Docket Number: 37526
Justia Opinion Summary: Plaintiff-Appellants Franz and Betty Suhadolnik appealed the district court’s grant of summary judgment in favor of their doctor, Defendant-Respondent Scott Pressman. Mr. Suhadolnik argued that his cataract surgeon, Dr.…
Date: May 25, 2011
Docket Number: 37279
Justia Opinion Summary: Plaintiff-Appellant James Wylie owned a subdivision in the City of Meridian. He sought a declaration from the district court that the City and the Idaho Transportation Department improperly denied access for his property…
Date: May 18, 2011
Docket Number: 37032
Justia Opinion Summary: A State trooper arrested Respondent Jason Miller for DUI. The trooper observed that Respondent’s pupils were dilated and asked that Respondent perform some field sobriety tests, which Respondent ultimately failed. The…
Date: May 6, 2011
Docket Number: 37035
Justia Opinion Summary: Plaintiffs-Appellants David and Shirley Fuller appealed a grant of summary judgment in favor of Defendants-Respondents David Callister, Confluence Management (CM), LLC and Liberty Partners, Inc. (LP). CM wanted to buy…
Date: April 20, 2011
Docket Number: 37624-2010
Justia Opinion Summary: Plaintiffs-Appellants James and Lori Mareci brought suit on behalf of their minor son Tristen against Defendant-Respondent Coer D'Alene School District and Defendants Scott and Stevie Kamara. Tristen was injured at…
Date: April 20, 2011
Docket Number: 37320-2010
Justia Opinion Summary: Petitioners-Appellants Douglas and Michelle Stafford obtained a building permit to construct an addition to their residence on Lake Coeur d'Alene in Kootenai County. A framing inspector advised the Appellants' contractor…
Date: April 1, 2011
Docket Number: 36844
Date: March 23, 2011
Docket Number: 37002
Date: March 22, 2011
Docket Number: 37172
Date: March 22, 2011
Docket Number: 36298/36840
Date: March 21, 2011
Docket Number: 36734
Date: March 21, 2011
Docket Number: 36068
Date: March 21, 2011
Docket Number: 37061
Date: March 18, 2011
Docket Number: 36410
Date: March 18, 2011
Docket Number: 36746
Date: March 18, 2011
Docket Number: 36857
Date: March 18, 2011
Docket Number: 36476
Date: March 18, 2011
Docket Number: 36476
Date: March 17, 2011
Docket Number: 36275
Date: March 17, 2011
Docket Number: 37308-2010
Date: March 17, 2011
Docket Number: 38217
Date: March 17, 2011
Docket Number: 36528
Date: March 17, 2011
Docket Number: 36853
Date: March 17, 2011
Docket Number: 36322
Date: March 16, 2011
Docket Number: 36828
Date: February 25, 2011
Docket Number: 37220
Date: February 17, 2011
Docket Number: 36605
Date: February 8, 2011
Docket Number: 37739
Date: February 8, 2011
Docket Number: 36619
Date: February 7, 2011
Docket Number: 36970
Date: February 7, 2011
Docket Number: 36934
Date: February 4, 2011
Docket Number: 36726
Date: February 3, 2011
Docket Number: 36501
Date: February 3, 2011
Docket Number: 37936
Date: February 2, 2011
Docket Number: 36647-2009
Date: February 2, 2011
Docket Number: 36825
Date: February 2, 2011
Docket Number: 36273-2009
Date: February 2, 2011
Docket Number: 37083
Date: February 2, 2011
Docket Number: 36839
Date: February 2, 2011
Docket Number: 36701
Date: January 10, 2011
Docket Number: 37179
Date: January 5, 2011
Docket Number: 36311
Date: January 3, 2011
Docket Number: 37059
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