Idaho Supreme Court - Civil Decisions 2012

PacificCorp V. Idaho State Tax Commission  
Date: December 24, 2012
Docket Number: 38307

Justia Opinion Summary: The Idaho State Tax Commission appealed a district court judgment which held that PacifiCorp, an Oregon corporation, proved by a preponderance of the evidence that the Commission's valuation of its taxable operating prop...

Buku Properties v. Clark  
Date: December 21, 2012
Docket Number: 38561

Justia Opinion Summary: Appellants Raoel and Janet Clark and Jerry and Betty Peterson appealed the district court's grant of summary judgment in favor of Buku Properties, LLC. Buku filed suit against the Clarks and the Petersons to recover earn...

Vierstra v. Vierstra  
Date: December 20, 2012
Docket Number: 39005

Justia Opinion Summary: This case stemmed from a divorce proceeding between Michael and Susan Vierstra. The magistrate court made a finding regarding the expected tax liability for 2009 when determining the value of the Vierstra family dairy. I...

Linford v. State Farm Fire & Casualty  
Date: December 20, 2012
Docket Number: 39059-2011

Justia Opinion Summary: The issue before the Supreme Court in this case stemmed from the grant of summary judgment in favor of an insurance company. The insureds contended that the liability coverage provision in their homeowner's policy requir...

Kootenai County v. Harriman-Sayler  
Date: December 20, 2012
Docket Number: 39071

Justia Opinion Summary: Kootenai County (the County) and Panhandle Health District No. 1 (the District) filed an action against Peggy Harriman-Sayler and Terry Sayler, seeking injunctive relief to prevent the Saylers from operating a recreation...

Ida-Therm v. Bedrock Geothermal  
Date: December 20, 2012
Docket Number: 39108

Justia Opinion Summary: Ida-Therm, LLC appealed the grant of summary judgment in favor of Bedrock Geothermal, LLC, which held that a reservation of "all the oil, gas, and minerals, in, on, or under the surface of [deeded] lands," in a 1946 warr...

Stapleton v. Jack Cushman Drilling  
Date: December 20, 2012
Docket Number: 39198-2011

Justia Opinion Summary: This issue before the Supreme Court in this case centered on an action to recover damages from a well driller who drilled a well that later caved in. The district court granted the well driller's motion for summary judgm...

Ruddy-Lamarca v. Dalton Gardens  
Date: December 20, 2012
Docket Number: 39217

Justia Opinion Summary: At issue in this case was the definition of the width of an easement for an irrigation pipeline. Dalton Gardens Irrigation District (the District) owned pipeline and intended to replace an existing four-inch pipe with a...

Hobson Fabricating Corp v. SE/Z Construction  
Date: December 19, 2012
Docket Number: 38202/38216

Justia Opinion Summary: Appellants Hobson Fabricating Corp. (Hobson) and SE/Z Construction, LLC (SE/Z) appealed a district court decision in their case against the State of Idaho, Department of Administration, Division of Public Works (DPW) reg...

Idaho Dept of Health & Welfare v. Jane (2012-05) Doe  
Date: December 18, 2012
Docket Number: 40122

Justia Opinion Summary: A mother appealed a magistrate court's order terminating her parental rights with respect to her youngest child. John Doe was born in September, 2011, and was declared to be in imminent danger two days after birth. John'...

Bolognese v. Forte  
Date: November 19, 2012
Docket Number: 38472-2011

Justia Opinion Summary: The issue before the Supreme Court in this case was a jury verdict in favor of the sellers of real property in an action by the buyers to recover damages or be granted rescission of the sale contract on the ground that t...

Brannon v. City of Coeur D'Alene  
Date: November 16, 2012
Docket Number: 38417

Justia Opinion Summary: This case appealed a district court's denial of Petitioner Jim Brannon's election contest of the Coeur d'Alene city council election in 2009. In the official vote total, Brannon lost the election for seat 2 of the city c...

Washington Federal Savings v. Engelen  
Date: November 16, 2012
Docket Number: 38484

Justia Opinion Summary: Two real estate developers, a husband and wife, operated through various entities including a corporation and an LLC. In 2002, the corporation borrowed money from a lender; the developers, in their individual capacities,...

Athay v. Rich County, Utah  
Date: November 16, 2012
Docket Number: 38683

Justia Opinion Summary: The issue before the Supreme Court in this case centered on an appeal from several district court rulings in an ongoing dispute between Kyle Athay (Athay) and Rich County, Utah (Rich County). Athay was injured in a motor...

Snider v. Arnold  
Date: November 15, 2012
Docket Number: 38572

Justia Opinion Summary: Ronald (Ron) and Dorothy Arnold appealed the district court's decision to grant a constructive trust property interest in favor of Ron's sister, Mary Snider (Toni) and her husband, Steve Snider. The property in question...

Thompson Development v. Latah Co Bd of Equalization  
Date: November 15, 2012
Docket Number: 39265-2011

Justia Opinion Summary: The issue before the Supreme Court in this case was whether an agricultural exemption for real property taxes was not available to Petitioner-Appellant Thompson Development, LLC because agricultural use of the property i...

Citizens Against Range Expansion v. Idaho Fish & Game  
Date: November 15, 2012
Docket Number: 39297

Justia Opinion Summary: The Idaho Department of Fish and Game (IDFG) appealed the district court's post-judgment orders (1) refusing to lift a portion of an injunction and (2) declaring the Idaho Outdoor Sport Shooting Range Act unconstitutiona...

Pioneer Irrigation District v. City of Caldwell
Date: November 14, 2012
Docket Number: 37242
Lakeland True Value Hardware v. The Hartford Fire Insurance Co.  
Date: November 14, 2012
Docket Number: 37987

Justia Opinion Summary: After the roof collapsed on Lakeland True Value Hardware, LLC's (Lakeland) store, Lakeland sought payment for business personal property and business income losses from its insurer, The Hartford Fire Insurance Co. (Hartf...

Quemada v. Arizmendez  
Date: November 14, 2012
Docket Number: 38831

Justia Opinion Summary: Danielle Quemada, the daughter and personal representative of Richard Ortega (Decedent), initiated this action to set aside two quitclaim deeds. At the time of the Decedent's death, he had three children: Richard Ortega,...

Poole v. Davis  
Date: November 14, 2012
Docket Number: 38877

Justia Opinion Summary: Randy and Trudi Poole filed an action against Darin Davis, dba Darin Davis Construction (Davis), alleging breach of contract, breach of warranty, and fraud. Davis counterclaimed for breach of contract, unjust enrichment,...

Idaho Dept. of Trans. v. Van Camp  
Date: November 14, 2012
Docket Number: 38958

Justia Opinion Summary: This appeal arose from the district court's reversal of the Idaho Transportation Department's (Department) suspension of Johnathan Paul Van Camp's driver's license subsequent to a urine analysis that revealed the presenc...

Farm Bureau v. Estate of Eisenman  
Date: September 19, 2012
Docket Number: 38703

Justia Opinion Summary: This appeal came before the Supreme Court from a declaratory judgment action brought by Farm Bureau Mutual Insurance Company of Idaho (Farm Bureau). Farm Bureau brought suit in response to a claim for insurance benefits...

Brooksby v. GEICO  
Date: September 17, 2012
Docket Number: 38761

Justia Opinion Summary: Plaintiff Christina Brooksby demanded payment from Defendant GEICO General Insurance Company, her father's liability insurer, alleging that he negligently injured her by crashing the car in which she was riding. After GE...

Indian Springs v. Andersen  
Date: September 14, 2012
Docket Number: 38369-2010

Justia Opinion Summary: This was an appeal in which the appellants challenged a judgment ejecting them from real property purchased by the respondent at a mortgage foreclosure sale. The appellants' primary complaint was that the district court...

First Federal Savings Bank of Twin Falls v. Riedesel Engineering, Inc.  
Date: September 14, 2012
Docket Number: 38407-2011

Justia Opinion Summary: This was an appeal of a judgment which held that a mechanic’s lien had priority over a mortgage. The judgment was predicated upon the district court's refusal to permit the mortgagee to withdraw an admission made in open...

Rammell v. Idaho  
Date: September 14, 2012
Docket Number: 38724

Justia Opinion Summary: This was an appeal of a district court’s grant of summary judgment in favor of the State of Idaho, former Governor James E. Risch, and former Fish and Game Department Director Steven Huffaker (collectively "Defendants")....

Idaho Wool Growers v. State of Idaho Fish & Game  
Date: September 14, 2012
Docket Number: 38743

Justia Opinion Summary: The Idaho Wool Growers Association (IWGA) and several of its members brought suit against the State of Idaho, claiming that the State failed to protect domestic sheep operators from curtailment of their grazing allotment...

A&B Irrigation District v. Idaho Dept of Water Resources  
Date: September 14, 2012
Docket Number: 39196-2011

Justia Opinion Summary: The appellant had filed a petition for reconsideration of an administrative order issued by the Idaho Department of Water Resources, and, when the Department failed to decide the merits of the petition within twenty-one...

Kinghorn v. Clay  
Date: August 9, 2012
Docket Number: 38109

Justia Opinion Summary: Krystal Kinghorn and Kelly Clay agreed that Clay would co-sign for a loan for Kinghorn's benefit. In order to protect Clay in the event that Kinghorn defaulted on the loan, Kinghorn agreed to execute a quitclaim deed to...

Id. Dept. of Health & Welfare v. McCormick  
Date: August 9, 2012
Docket Number: 38694

Justia Opinion Summary: This appeal arose from a claim filed by the Idaho Department of Health and Welfare in the probate proceeding of George D. Perry, the deceased spouse of Medicaid recipient Martha J. Perry. The Department sought to recover...

Bailey v. Bailey  
Date: August 9, 2012
Docket Number: 38760

Justia Opinion Summary: This appeal arose from a dispute regarding the requirements for determining whether a claimed amount of attorney fees was reasonable. After extended litigation to settle his parents’ estate, Kim Bailey, the estate’s pers...

A & B Irrigation v. Idaho Dept of Water Resources  
Date: August 2, 2012
Docket Number: 38403/38421/38422

Justia Opinion Summary: This case concerned the Director (Director) of the Idaho Department of Water Resources' application of the Rules for Conjunctive Management of Surface and Ground Water Resources (CM Rules) in response to a ground water t...

Peterson v. Peterson  
Date: July 17, 2012
Docket Number: 39178

Justia Opinion Summary: This case came before the Supreme Court on an appeal from a magistrate court's determination on custody and visitation of minor children in a divorce proceeding. In a memorandum decision, the magistrate court awarded the...

Security Financial Fund v. Thomason  
Date: July 6, 2012
Docket Number: 37203

Justia Opinion Summary: Security Financial Fund, LLC, ("Security Financial") extended to Byron and Marilynn Thomason ("the Thomasons") a series of loans evidenced by five promissory notes, which were secured by three deeds of trust and two mort...

Friends of Minidoka v. Jerome County  
Date: July 6, 2012
Docket Number: 38113

Justia Opinion Summary: The issue before the Supreme Court in this case concerned the approval of a permit application for a Livestock Confinement Operation (LCO), also known as a Concentrated Animal Feeding Operation (CAFO), by the Jerome Coun...

Idaho State Bar v. Clark
Date: July 6, 2012
Docket Number: 38792
Clair v. Clair  
Date: July 6, 2012
Docket Number: 39188

Justia Opinion Summary: At issue in this divorce proceeding was a magistrate court's decision that found it was in the best interest of Appellant Tracy Jo and Respondent Charles Clair, Jr.'s child to reside primarily in Pocatello. The custody p...

Printcraft Press, Inc. v. Sunnyside Park Utilities, Inc.  
Date: July 2, 2012
Docket Number: 36556/36567

Justia Opinion Summary: This case arose from a dispute regarding the sewer system serving Sunnyside Industrial Park, LLC. Sunnyside Park Utilities (SPU) provides water and sewer services to the industrial park and Doyle Beck and Kirk Woolf are,...

Gerdon v. Rydalch  
Date: July 2, 2012
Docket Number: 38419

Justia Opinion Summary: This appeal involved a negligence claim arising out of a motor vehicle accident. Appellant Joseph Gerdon was a passenger in an automobile, traveling with Respondent Joshua Rydalch when the vehicle veered off the road and...

Blankenship v. Washington Trust Bank  
Date: July 2, 2012
Docket Number: 38426

Justia Opinion Summary: Washington Trust Bank (WTB) was the trustee of the trust created by Althea Bowman's last will and testament. Althea's four surviving children were the trust beneficiaries. Three of these beneficiaries argued to the distr...

Clayson v. Zebe  
Date: July 2, 2012
Docket Number: 38471

Justia Opinion Summary: This appeal arose from Gaylen Clayson's attempt to purchase a restaurant and cheese factory in Thayne, Wyoming. Prior to making a formal offer on the property, Clayson was granted access to the property in order to begin...

Machado v. Ryan  
Date: June 29, 2012
Docket Number: 37888

Justia Opinion Summary: Jerry and Terry Machado (the Machados) and Richard Clifton appealed a district court's decision finding that their properties were burdened by an express easement and an implied easement by necessity in favor of Charles...

Markin v. Grohmann  
Date: June 29, 2012
Docket Number: 37981-2010

Justia Opinion Summary: The issue on appeal before the Supreme Court was a challenge to the failure of a district court to give preclusive effect to a California federal district court judgment during a proceeding to grant recognition of a subs...

Silver Eagle Mining Co v. Idaho  
Date: June 29, 2012
Docket Number: 38059

Justia Opinion Summary: This matter arose out of a dispute between Silver Eagle Mining Co. (Silver Eagle) and the State of Idaho (State) regarding ownership of property in Shoshone County on which Silver Eagle had located sixteen mining claims....

Idaho Transportation Board v. HI Boise, LLC  
Date: June 29, 2012
Docket Number: 38344

Justia Opinion Summary: This appeal arose from a condemnation action brought by the Idaho Transportation Board (ITB) against HI Boise, LLC. ITB sought to acquire a strip of land as part of a project to improve the I-84/Vista Avenue Interchange...

New Phase Investments v. Jarvis  
Date: June 29, 2012
Docket Number: 38447

Justia Opinion Summary: This appeal arose from a dispute between two competing creditors, DAFCO, LLC, and New Phase Investments, LLC. DAFCO appealed the district court's determination on summary judgment that DAFCO's deed of trust, although fir...

Tapadeera v. Knowlton  
Date: June 29, 2012
Docket Number: 38498-2011

Justia Opinion Summary: Defendants Jay and Theresa Knowlton appealed the grant of summary judgment in favor of Plaintiffs-Appellants Tapadeera, LLC and Cary Hamilton (d/b/a C&J Construction) on their claim that Defendants prevented Plaintiffs f...

Wasden v. Board of Land Commissioners  
Date: June 29, 2012
Docket Number: 39084

Justia Opinion Summary: This appeal was a consolidation of two actions relating to residential leases on State endowment lands. In one action, the Attorney General sought a declaratory ruling that I.C. 58-310A, which exempts so-called "cottage...

Elias-Cruz v. Idaho Dept. of Trans.  
Date: June 29, 2012
Docket Number: 39425-2011

Justia Opinion Summary: The issue on appeal in this case came from a decision of a district court which held that in a hearing regarding an administrative license suspension pursuant to Idaho Code section 18-8002A, the hearing officer must cons...

Fragnella v. Petrovich  
Date: June 21, 2012
Docket Number: 37783

Justia Opinion Summary: Two personal injury actions and one wrongful death action arising out of an automobile accident were consolidated on appeal before the Supreme Court. In 2007, Paul -Smith's vehicle collided with a semi-tractor trailer dr...

RE: Termination of Parental Rights of John (2011-23) Doe  
Date: June 20, 2012
Docket Number: 39464-2011

Justia Opinion Summary: John Doe (Father) is a citizen of Mexico who entered the United States illegally in 2003. In mid-2007, he married Jane Doe (Mother) in Payette, Idaho. After they were married, Father was arrested in Ontario, Oregon, when...

Mickelsen v. Broadway Ford, Inc.  
Date: June 15, 2012
Docket Number: 38111

Justia Opinion Summary: Petitioner Tanner Mickelsen appealed the grant of summary judgment in favor of Respondent Broadway Ford, Inc. on his complaint that alleged fraud in the inducement. Petitioner asked for a rescission of the contract betwe...

Fuchs v. Idaho State Police  
Date: June 14, 2012
Docket Number: 38714

Justia Opinion Summary: The issue on appeal to the Supreme Court concerned Appellant Daniel Fuchs appeal of a district court's decision which found that the Director of the Idaho State Police Alcohol Beverage Control (ABC) had properly exercise...

Erickson v. McKee  
Date: June 13, 2012
Docket Number: 38130

Justia Opinion Summary: This case concerned an appeal of a magistrate court's Finding of Fact, Conclusions of Law and Order in denying Appellant Maureen Erickson's Motion for Partial Distribution of her mother's estate. The magistrate court fou...

Markel International Ins. Co. v. Erekson  
Date: June 11, 2012
Docket Number: 38336-2010

Justia Opinion Summary: The issue in this case arose from a judgment which held that a "Designated Project or Premises" endorsement of a commercial general liability insurance policy purchased by a sporting goods store excluded coverage for a c...

McLean v. Cheyovich Family Trust  
Date: June 1, 2012
Docket Number: 38370

Justia Opinion Summary: On remand, the district court granted Wayne Dawson's Motion for Relief from Judgment and issued its Second Amended Judgment, which in part quieted title to and in part took judicial notice of four undivided one-fourth in...

Idaho Transportation Board V. HJ Grathol  
Date: June 1, 2012
Docket Number: 38511

Justia Opinion Summary: HJ Grathol is a California general partnership that owed real estate in Idaho. Grathol purchased a parcel for development. The Idaho Transportation board later sought to condemn sixteen acres of the parcel in order to re...

Berkshire Investments, LLC v. Taylor  
Date: June 1, 2012
Docket Number: 38599

Justia Opinion Summary: This case was the third appeal to the Supreme Court arising from a 2002 real estate transaction between Thomas and Colleen Birch-Maile and the Theodore L. Johnson Revocable Trust. Attorney and Real Estate Broker Thomas M...

Trunnell v. Fergel  
Date: May 31, 2012
Docket Number: 37984

Justia Opinion Summary: Plaintiffs Paul Trunell and Bill Lomu appealed a district court's ruling against them in their request for injunctive relief. Plaintiffs' complaint alleged the existence of a public road across Defendant Verna Fergel's p...

Johnson v. North Idaho College  
Date: May 31, 2012
Docket Number: 38605

Justia Opinion Summary: Plaintiff-Appellant Victoria Johnson appealed the district court's grant of summary judgment in favor of North Idaho College (NIC) on her claim of discrimination under the Idaho Human Rights Act (IHRA). Plaintiff alleged...

Frank Ronald Marek v. Earl A. Lawrence  
Date: May 30, 2012
Docket Number: 38827

Justia Opinion Summary: This case concerned an appeal by Frank and Gayle Marek (the Mareks) of the district court's decision and judgment decreeing the locations of two boundary lines in dispute between the Mareks and Earl and Sandra Lawrence....

Berry v. McFarland  
Date: May 29, 2012
Docket Number: 37951-2010

Justia Opinion Summary: A jury returned a special verdict that: (a) awarded damages against an attorney and his girlfriend based upon the jury's finding that they had breached their fiduciary duties to a former client of the attorney by purchas...

Estate of Benjamin Holland v. Metropolitan Property & Casualty Ins.  
Date: May 29, 2012
Docket Number: 38157-2010

Justia Opinion Summary: The issue before the Supreme Court in this was the denial of attorney fees under Idaho Code section 41-1839 on the ground that the insured's proof of loss was insufficient under the statute because it did not provide the...

Capstar Radio v. Lawrence  
Date: May 29, 2012
Docket Number: 38300

Justia Opinion Summary: This appeal involved a dispute over whether Capstar Radio Operating Company held an easement over the property of Douglas and Brenda Lawrence. Capstar filed a Motion for Summary Judgment, alleging in the alternative, tha...

Jesus Hurtado v. Land O' Lakes, Inc.  
Date: May 29, 2012
Docket Number: 38406

Justia Opinion Summary: This appeal arose from a products liability action brought by Jesus Hurtado and John Reitsma, d/b/a J & J Calf Ranch (J & J), against Land O'Lakes, Inc. (Land O'Lakes). J & J alleged that the Land O'Lakes milk replacer i...

Paddison Scenic Properties Family Trust v. Idaho County  
Date: May 25, 2012
Docket Number: 38154

Justia Opinion Summary: This case concerned the ownership status of Coolwater Ridge Road in Idaho County. The predecessors in interest of appellant Paddison Scenic Properties, Family Trust, L.C. granted rights of way to the United States for a...

Arregui v. Gallegos-Main  
Date: May 4, 2012
Docket Number: 38496

Justia Opinion Summary: This appeal involed a medical malpractice claim brought against a chiropractor for negligently causing a patient to suffer a stroke after treatment. In 2007, Appellant Martha Arregui sought treatment for her neck and bac...

Pioneer Irrigation v. City of Caldwell  
Date: April 27, 2012
Docket Number: 37242

Justia Opinion Summary: In 2008, Pioneer Irrigation District filed suit against the City of Caldwell seeking declaratory and injunctive relief, as well as the removal of urban stormwater discharge conduits constructed by the City without Pionee...

Bennett v.  Patrick  
Date: April 27, 2012
Docket Number: 38138

Justia Opinion Summary: After prevailing at trial, Plaintiffs Mathew Bennett and Benjamin Walton sought fees under I.C. 12-120(4), which provides for fees in personal injury actions with claims under $25,000. The district court declined to awar...

Stonebrook Construction, LLC v. Chase Home Finance, LLC  
Date: April 26, 2012
Docket Number: 37868

Justia Opinion Summary: This appeal arose from an action brought by Stonebrook Construction, LLC against Chase Home Finance, LLC where it sought to foreclose a mechanic's lien. The district court granted Chase's motion for summary judgment, hol...

O’Shea v. High Mark Development, LLC  
Date: April 26, 2012
Docket Number: 37869

Justia Opinion Summary: Defendant-Respondent High Mark Development, LLC owned a commercial building located in the City of Ammon. In 2006, it had leased a portion of the building to The Children's Center, Inc., for a period of ten years. In 200...

City of Osburn v. Randel  
Date: April 26, 2012
Docket Number: 37965

Justia Opinion Summary: Defendants-Appellants David and Pamela Randel appealed the denial of their request for attorney fees under I.C. 12-117, following the dismissal of a zoning enforcement action brought against them by the City of Osburn (C...

James v. Mercea  
Date: April 26, 2012
Docket Number: 38135-2010

Justia Opinion Summary: Property at issue in this case was a five-sided parcel roughly the shape of a rectangle. North of the property is a paved road that curves northwest. On the east side, a north-south right-of-way that provided access from...

Abolafia v. Reeves  
Date: April 26, 2012
Docket Number: 38189-2010

Justia Opinion Summary: The appellant in this case, Kenneth Adler, had been appointed as guardian ad litem for the children of Plaintiff-Respondent Joseph Abolafia and Defendant-Respondent Rebecca Reeves who were involved in a proceeding to mod...

RE: The Estate of Kathleen R. Conway  
Date: April 26, 2012
Docket Number: 38430

Justia Opinion Summary: The issue before the Supreme Court concerned a will contest brought by Petitioner-Appellant Tanya Wooden on the basis that the Last Will and Testament of Kathleen R. Conway was executed without testamentary capacity and...

McCormick International USA, Inc. v. Shore  
Date: April 26, 2012
Docket Number: 38454

Justia Opinion Summary: Defendant Roberta Shore retained attorney third-party Defendant Nicholas Bokides to represent her in her divorce from William Shore. Pursuant to the divorce decree, William took all interest in the couple's business, Be...

Hart v. Idaho Tax Commission  
Date: April 26, 2012
Docket Number: 38756

Justia Opinion Summary: Petitioner-Appellant Philip Hart appealed two State Tax Commission Notice of Deficiency determinations to the Board of Tax Appeals (BTA). The BTA found Petitioner's appeal untimely and dismissed it. Petitioner then appea...

RE: Termination of Parental Rights of John (2011-23) Doe  
Date: April 26, 2012
Docket Number: 39464-2011

Justia Opinion Summary: Appellant is a citizen of Mexico who entered the United States illegally in 2003. He married Jane Doe (Mother) in Payette, Idaho. After they were married, Appellant was arrested in when he attempted to open a bank accoun...

RE: Termination of Parental Rights of Jane (2011-24) Doe  
Date: April 26, 2012
Docket Number: 39465-2011

Justia Opinion Summary: Appellant is the mother of two minor children who were placed into the custody of the Idaho Department of Health and Welfare on suspicion that they were abused or neglected. On March 27, 2009, the Canyon County Prosecuti...

Jose Manuel Carrillo v. Boise Tire Co., Inc.
Date: April 13, 2012
Docket Number: 37026
Peterson v. Private Wilderness, LLC.  
Date: March 23, 2012
Docket Number: 37437

Justia Opinion Summary: At issue in this case was a district court's grant of a motion for voluntary dismissal of a suit filed by Fern Peterson against Cecil and Yu Wen Davis, Kevin and Sherri Murray, David Lawrence and Private Wilderness, LLC...

Vermont Trotter v. Bank of New York Mellon
Date: March 23, 2012
Docket Number: 38022
Ball v. City of Blackfoot  
Date: March 23, 2012
Docket Number: 38530

Justia Opinion Summary: Plaintiffs-Appellants JoAn and Fred Ball were patrons of the City of Blackfoot's municipal pool. JoAn slipped on ice accumulated on the sidewalk between the pool and the parking lot. The Balls brought suit against the Ci...

City of Pocatello v. The State of Idaho
Date: March 22, 2012
Docket Number: 37723-2010
Morrison v. Northwest Nazarene University  
Date: March 22, 2012
Docket Number: 37850-2010

Justia Opinion Summary: As a team building exercise, Plaintiff-Appellant Paul Morrison's employer wanted him and his coworkers to participate in a program at Defendant-Respondent Northwest Nazarene University that included a climbing wall activ...

Stevenson v. Windermere Real Estate  
Date: March 22, 2012
Docket Number: 38121

Justia Opinion Summary: Real estate purchasers Thomas and Vicki Stevenson appealed the district court's grant of summary judgment that dismissed their unjust enrichment claim against Windermere Capital Group (Windermere), broker to seller 323 J...

Cuevas v. Barraza  
Date: March 22, 2012
Docket Number: 38493

Justia Opinion Summary: This appeal arose from a decade-long fight over title to a piece of real property. Juan Cuevas allegedly agreed to sell the property to Defendant-Counterclaimant-Appellant Bernardino Barraza in 2001. However, after Barra...

Department of Health & Welfare v. Doe  
Date: March 22, 2012
Docket Number: 39392

Justia Opinion Summary: When "Child" was three years and seven months old, his Mother was arrested while Child was in her care. Since Father was already incarcerated, the state declared Child to be in imminent danger. Child was placed in the th...

Ronald R. Mc Cann v. William V. Mc Cann, Jr. and Mc Cann Ranch
Date: March 13, 2012
Docket Number: 37547
Arambarri v. Armstrong  
Date: March 8, 2012
Docket Number: 38351

Justia Opinion Summary: Plaintiff-Appellant Robert Arambarri was Regional Director of Region VI with the Idaho Department of Health and Welfare. In this capacity, he was a non-classified, at-will employee serving at the pleasure of the Director...

Brown v. Home Depot  
Date: March 7, 2012
Docket Number: 38076

Justia Opinion Summary: Claimant Gary Brown filed a complaint with the Industrial Commission seeking disability benefits after he injured his back while working for The Home Depot. Arguing that the injuries caused by the accident in combination...

Stem v. Prouty  
Date: March 5, 2012
Docket Number: 37641

Justia Opinion Summary: Appellant John Stem was helping to load a forklift at his place of work when another employee backed the forklift over a water meter cover which broke under the weight of the forklift. The forklift toppled and pinned App...

Bridge Tower Dental, P.A. v. Meridian Computer Center, Inc.  
Date: March 5, 2012
Docket Number: 37931

Justia Opinion Summary: In 2003, Appellant Bridge Tower Dental hired Respondent Meridian Computer Center to provide its dental practice with a computer hardware system subject to a warranty contract. In June of 2005, Bridge began experiencing p...

McNulty v. Sinclair Oil  
Date: March 5, 2012
Docket Number: 38331

Justia Opinion Summary: Appellant Lincoln McNulty worked as a ski patroller for Sinclair Services Company as a member of the Sun Valley Resort from 2005 to 2010. Once the ski season ended in 2009, Appellant filed for unemployment benefits effec...

Hestead v. CNA Supply dba Western Surety Co.  
Date: March 5, 2012
Docket Number: 38467

Justia Opinion Summary: In April and June of 2008, Best of the Best Auto Sales, Inc. purchased seven vehicles from Dealers Auto Auction of Idaho and Brasher's Idaho Auto Auction with checks that were returned for insufficient funds. As a result...

The Watkins Co. LLC v. Storms  
Date: March 2, 2012
Docket Number: 37685

Justia Opinion Summary: This case concerned a commercial lease between Defendants-Appellants-Cross-Appellants Michael Storms and Kathy Burggraf and the Plaitniff-Respondent-Cross-Appellant Watkins Company, LLC’s predecessor in interest, Watkins...

Enriquez v. Idaho Power Co.  
Date: March 2, 2012
Docket Number: 37812

Justia Opinion Summary: This appeal arose from a negligence action brought by Plaintiff-Appellant Isabel Enriquez against Defendant-Respondent Idaho Power Company (Idaho Power). Plaintiff received severe electrical burns when he encountered an...

Ketterling v. Burger King Corporation  
Date: March 2, 2012
Docket Number: 38050

Justia Opinion Summary: Plaintiff-Appellant Alesha Ketterling alleged that she slipped on snow in the parking lot of the Burger King restaurant in Burley, Idaho, on December 22, 2006. BDSB of Western Idaho, L.C. had the contractual right to ope...

Huskinson v. Nelson  
Date: March 2, 2012
Docket Number: 38066

Justia Opinion Summary: Appellants Lynn and Jana Nelson argued that they owned a strip of land even though the county records showed respondents Jebb and Brandie Huskinson to be the owners of record. The Nelsons contended that the disputed land...

Oakes v. Boise Heart Clinic Physicians, PLLC  
Date: March 2, 2012
Docket Number: 38146

Justia Opinion Summary: Plaintiff-Counterdefendant-Appellant David Oakes, M.D. was employed as a cardiologist by Defendant-Counterclaimant-Respondent Boise Heart Clinic Physicians, PLLC (BHC) from January 2000 until the end of July 2008, when h...

Gomez v. Dura Mark, Inc.  
Date: March 2, 2012
Docket Number: 38809

Justia Opinion Summary: On June 28, 2010, Appellant Maria Gomez filed a Worker’s Compensation Complaint with the Industrial Commission (Commission) claiming benefits for an accident that occurred in 2009, when she injured her lower back lifting...

Carrillo v. Boise Tire Co., Inc.  
Date: March 1, 2012
Docket Number: 37026

Justia Opinion Summary: Plaintiffs-Respondents father and daughter Jose and Nayeli Carrillo, father and daughter, sued Boise Tire Co. (Boise Tire), alleging that Boise Tire improperly performed a tire rotation on their vehicle and that as a res...

Weisel v. Beaver Springs Owners Association, Inc.  
Date: March 1, 2012
Docket Number: 37800

Justia Opinion Summary: Plaintiff-Appellant Thomas Weisel owned two adjacent parcels within the Beaver Springs Subdivision in Ketchum. He sought to unify and develop the lots. At some point, his plan indicated that he intended that construction...

Bollinger v. Fall River Rural Electric Cooperative, Inc.  
Date: March 1, 2012
Docket Number: 38248

Justia Opinion Summary: Fall River Rural Electric Cooperative hired Plaintiff-Appellant Suzette Bollinger as a cashier and receptionist at its Ashton headquarters in 1988. She was terminated in 2009 despite having satisfactory performance witho...

Assisted Living Concepts , Inc. v. Idaho Dept of Labor  
Date: March 1, 2012
Docket Number: 38715

Justia Opinion Summary: Claimant Brooke Stark worked for Assisted Living Concepts, Inc. from 2008 to 2010 as a "residence director" of one of Assisted Living's facilities. Claimant was called into the sales director's office one day, and the tw...

Fuchs v. Idaho  
Date: February 28, 2012
Docket Number: 37652

Justia Opinion Summary: This case arose from a district court's dismissal for failure to exhaust administrative remedies of Petitioner-Appellant Daniel Fuchs's petition for judicial review and complaint for declaratory and injunctive relief. Pe...

Dept. of Health & Welfare v. Jane Doe  
Date: February 16, 2012
Docket Number: 39247

Justia Opinion Summary: Jane Doe appealed the termination of her parental rights with regard to her son, John Doe, contending that the magistrate court failed to properly consider her improved participation in mental health and family counselin...

Steel Farms, Inc. v. Croft & Reed, Inc.  
Date: January 27, 2012
Docket Number: 37776

Justia Opinion Summary: Defendant-Respondent Croft & Reed, Inc. and Plaintiff-Appellant Steel Farms, Inc. had a preexisting landlord-tenant relationship when they entered into a written agreement granting Steel Farms a lease and option (Option...

Farber v. Idaho State Insurance Fund  
Date: January 27, 2012
Docket Number: 38140

Justia Opinion Summary: Plaintiffs-Appellants Randolph Farber, Scott Becker, and Critter Clinic (Farber) alleged that the Manager of the Defendant-Respondent State Insurance Fund (SIF or "the Fund") failed to comply with I.C. 72-915, which prov...

Maclay v. Idaho Real Estate Comm'n  
Date: January 26, 2012
Docket Number: 37946

Justia Opinion Summary: Petitioner-Appellant Michael Maclay appealed the district court's decision affirming the Idaho Real Estate Commission's Final Order, which revoked his real estate license and assessed him a $5,000 fine. Petitioner allege...

Rocky Mountain Power v. Jensen  
Date: January 26, 2012
Docket Number: 37998

Justia Opinion Summary: Defendants-Appellants Stanley and Catherine Jensen, as trustees of the Stanley and Catherine Jensen Family Living Trust, appealed the district court's decision that granted Plaintiff-Respondent Rocky Mountain Power's mot...

Manning v. Campbell  
Date: January 25, 2012
Docket Number: 37728

Justia Opinion Summary: In 2008, Plaintiffs Thomas and Julie Manning purchased a property to which an easement was granted by their predecessors-in-interest to their neighbors, Defendants William Campbell and Naomi Campbell. The Mannings wanted...

Benz v. D.L. Evans Bank  
Date: January 25, 2012
Docket Number: 37814

Justia Opinion Summary: n 2007, Plaintiff-Respondent Leslie Benz entered into a contract to purchase a townhouse that was to be constructed. The contract required her to make three nonrefundable payments of earnest money, which were to be appli...

Trotter v. Bank of New York Mellon  
Date: January 25, 2012
Docket Number: 38022

Justia Opinion Summary: Plaintiff-Appellant Vernon was a homeowner in default on his home loan. ReconTrust, the holder of Plaintiff's deed of trust, initiated a nonjudicial foreclosure on the deed. Upon receiving notice of the trustee's sale, P...

Burns Holdings, LLC v. Teton County Board of Commissioners  
Date: January 25, 2012
Docket Number: 38269-2010

Justia Opinion Summary: Burns Holdings, LLC, desired to construct a concrete batch plant in Teton County near the City of Driggs. Burns Holdings applied to the county for a zoning change from C-3 (commercial) to M-1 (light industrial), and the...

Magee v. Thompson Creek Mining Co.  
Date: January 24, 2012
Docket Number: 36352

Justia Opinion Summary: In 2006, Appellant V. J. Magee sustained a work-related injury causing harm to his lumbar spine and impacting the use of his right leg, leaving him in chronic pain. The Idaho Industrial Commission found that Appellant su...

Kepler-Fleenor v. Fremont County  
Date: January 24, 2012
Docket Number: 38012

Justia Opinion Summary: Appellants in this case contended that the district court erred when it determined that an unnamed road in their subdivision was public by common law dedication. Appellants are property owners in Division III of the Sawt...

Insight LLC v. Gunter  
Date: January 24, 2012
Docket Number: 38158

Justia Opinion Summary: This appeal arose from a dispute in district court over two liens on real property: a deed of trust and a mortgage. Appellants (Insight, LLC and several other companies) are assignees of a mortgage secured by 160 acres o...

Sadid v. Idaho State University  
Date: January 24, 2012
Docket Number: 38549

Justia Opinion Summary: Appellant Habib Sadid, a former tenured professor of civil engineering at Idaho State University, appealed an Industrial Commission Order that reversed the Department of Labor Appeals Examiner's grant of unemployment ben...

Idaho v. Anderson  
Date: January 24, 2012
Docket Number: 38950

Justia Opinion Summary: Michelle Anderson appealed the district court's denial of her motion to dismiss kidnapping charges brought against her for keeping the child she had with Ricky Anderson away. Michelle was obligated to deliver the child t...

Boise Mode, LLC v. Donahoe Pace  
Date: January 24, 2012
Docket Number: 39229

Justia Opinion Summary: The issue before the Supreme Court in this case arose from a commercial lease dispute. Boise Mode, LLC leased space in its building to Donahoe Pace & Partners, Ltd. (DPP). Timothy Pace executed a personal guarantee for t...

Duspiva v. Fillmore  
Date: January 23, 2012
Docket Number: 38480

Justia Opinion Summary: Plaintiff-Appellant Gary Duspiva, a well driller, filed suit against Defendants-Appellees Clyde and John Fillmore to recover money that he claimed was owed to him for well drilling services. The Fillmores counterclaimed,...

CDA Dairy Queen, Inc. v. State Insurance Fund  
Date: January 23, 2012
Docket Number: 38492

Justia Opinion Summary: CDA Dairy Queen, Inc. and Discovery Care Centre, LLC of Salmon (collectively, Dairy Queen) filed a class action against the Idaho State Insurance Fund (SIF) seeking a declaratory judgment that SIF violated Idaho Code sec...

Reynolds v. Trout, Jones, Gledhill, Fuhrman, P.A.  
Date: January 23, 2012
Docket Number: 38933

Justia Opinion Summary: Justin S. Reynolds, Kristine Reynolds, and their construction company, Sunrise Development, LLC (Reynolds) brought a malpractice action against their law firm, Trout Jones Gledhill Fuhrman, P.A., and its attorney-employe...

Henry v. Dept of Corrections  
Date: January 23, 2012
Docket Number: 39039-2011

Justia Opinion Summary: The issue in this case came from an appeal of a decision of the Industrial Commission which found that claimant Joseph Henry failed to prove that the heart attack he suffered while at work was an industrial accident beca...

RE: Order Certifying Question - St. Lukes Magic Valley RMC v. Luciani, et al.  
Date: January 23, 2012
Docket Number: 39315

Justia Opinion Summary: The Idaho Supreme Court was asked in a certified question of law from the United States District Court for the District of Idaho whether a legal malpractice claim that is transferred to an assignee in a commercial transa...

Twin Falls County v. Idaho Commission on Redistricting  
Date: January 18, 2012
Docket Number: 39373

Justia Opinion Summary: The constitutionality of "Plan L 87," a legislative redistricting plan adopted by the Commission on Redistricting for reapportionment, was challenged and brought before the Supreme Court. Upon review, the Court found tha...

Owen v. Bishop  
Date: January 12, 2012
Docket Number: 37992

Justia Opinion Summary: Patricia Shelton filed suit alleging breach of contract a legal malpractice against her former attorneys Defendants-Appellants R. Bruce Owens, Jeffrey Crandall, and Owens and Crandall, PLLC (Owens). During the pendency o...

Asbury Park, LLC v. Greenbriar Estate Homeowners’ Association, Inc.  
Date: January 11, 2012
Docket Number: 37556

Justia Opinion Summary: Greenbriar Estates Homeowner’s Association and developer Asbury Park, LLC asserted conflicting interests in a Greenbriar Estates subdivision lot upon which Asbury Park constructed storage facilities. The district court g...

Two Jinn, Inc. v. Idaho Dept of Insurance
Date: January 11, 2012
Docket Number: 38759
McCann v. McCann, Jr.  
Date: January 10, 2012
Docket Number: 37547

Justia Opinion Summary: This case involved an ongoing dispute between brothers Ron McCann (Ron) and William McCann, Jr. (Bill) concerning the operation of McCann Ranch & Livestock Company, Inc. (Ranch), a closely-held corporation created by the...

Farrell v. Whiteman  
Date: January 10, 2012
Docket Number: 37712

Justia Opinion Summary: Appellants Kent Whiteman and Whitehorse Properties, LLC, (Whiteman), brought a second appeal of this case before the Supreme Court. In the original trial, Respondent Damian Farrell sued Whiteman for uncompensated archite...

Noak v. Dept. of Corrections  
Date: January 6, 2012
Docket Number: 37788

Justia Opinion Summary: Plaintiff-Appellant Dr. John Noak was dismissed as the medical director for Prison Health Services, Inc. (PHS). He appealed the district court's grant of summary judgment in favor of the Idaho Department of Correction (I...

Hopkins v. Pneumotech, Inc.  
Date: January 6, 2012
Docket Number: 38354

Justia Opinion Summary: Respondent-Appellant Pneumotech, Inc. appealed the Industrial Commission's determination that its former employee, Petitioner-Appellee Angela Hopkins, was eligible for unemployment benefits. Pneumotech hired Petitioner a...

Chavez v. Canyon County  
Date: January 6, 2012
Docket Number: 38378

Justia Opinion Summary: Appellants Ismael Chavez and Dolores Mercado (collectively Chavez) appealed the district court's granting their petition for judicial review, claiming that their original complaint should not have been converted into a p...

Minor Miracle Productions, LLC v. Starkey  
Date: January 5, 2012
Docket Number: 36996

Justia Opinion Summary: Plaintiff Minor Miracle Productions, LLC (MMP) was a film company for whom Third-Party Respondent David Richards worked. MMP provided a film location and funding for a film written and directed by Defendant Randy Starkey...

City of Pocatello v. Idaho  
Date: January 5, 2012
Docket Number: 37723-2010

Justia Opinion Summary: The Supreme Court considered this appeal of a district court's decision pertaining to the "Snake River Basin Adjudication" which held: (a) that Pocatello could not use its wells as alternate points of diversion for its s...

Henry v. Taylor  
Date: January 5, 2012
Docket Number: 38016

Justia Opinion Summary: In March 2009, the City of Nampa issued a request for proposals regarding obtaining services to prosecute city misdemeanors and infractions. Former Canyon County prosecuting attorney John Bujak desired to contract with N...

Elliott v. Verska  
Date: January 5, 2012
Docket Number: 38070

Justia Opinion Summary: In 2007, Defendant Joseph Verska, MD performed two back surgeries upon Plaintiff Kristeen Elliott. She hired attorney Thomas Maile, IV to handle a malpractice claim against Dr. Verska. The issue on appeal to the Supreme...

Lower Payette Ditch Co. v. Harvey  
Date: January 5, 2012
Docket Number: 38163-2010

Justia Opinion Summary: Defendants Robert and Margaret Harvey owned 220 acres of farmland near a section of irrigation canal owned by Plaintiff Lower Payette Ditch Company. The canal delivered water to approximately 490 landowners and 13,000 ac...

Two Jinn, Inc. v. Idaho Dept of Insurance  
Date: January 3, 2012
Docket Number: 38759

Justia Opinion Summary: A bail bond company challenged the district court's decision affirming an order of the Director of the Idaho Department of Insurance. That order, which was based on I.C. 41-1042, prohibited a bail bond company from conte...

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