Idaho Supreme Court - Civil Decisions 2013

Campbell v. Kvamme  
Date: December 30, 2013
Docket Number: 39650

Justia Opinion Summary: The Campbells appealed the grant of summary judgment in favor of their neighbors The Kvammes. The parties disputed whether a fence between their respective properties constituted the true boundary of their land. The dist...

McVicars v. Christensen  
Date: December 27, 2013
Docket Number: 38705

Justia Opinion Summary: In 2006, the Christensens began construction of a fabric building adjacent to the property line shared with the McVicarses. After its completion, the McVicarses filed a nuisance action alleging that increased noise, traf...

American West Ent. v. CNH, LLC.  
Date: December 20, 2013
Docket Number: 40230

Justia Opinion Summary: American West Enterprises appealed a district court's grant of summary judgement to Case New Holland, Inc. (CNH) in its effort to recover the cost of a remanufactured tractor engine CNH sold to a local seller that Americ...

Idaho Power v. Grouse Creek  
Date: December 18, 2013
Docket Number: 39151-2011

Justia Opinion Summary: The Idaho Power Company appealed an order of the Idaho Public Utilities Commission that denied approval of contracts between the utility and two wind farms on the ground that the contract rate for purchasing the power wa...

Turner v. Turner  
Date: December 18, 2013
Docket Number: 39975

Justia Opinion Summary: Rita Turner petitioned the magistrate court for a protection order for her and her son against her then-husband Robert Turner. The magistrate court found that there was reasonable cause to believe that bodily harm might...

Rule Steel Tanks, Inc. v. Dept of Labor  
Date: December 18, 2013
Docket Number: 40344-2012

Justia Opinion Summary: This appeal involves the transfer of the experience rating account for unemployment tax purposes from one employer to another pursuant to Idaho Code section 72-1351A(1)(a). After an investigation, the Department of Labor...

Renshaw v. MERS  
Date: December 18, 2013
Docket Number: 40512-2012

Justia Opinion Summary: Borrower Gregory Renshaw refinanced the mortgage on his home in 2007. Borrower did not make the payments due under the promissory note, and in 2010, the trustee under the deed of trust commenced nonjudicial foreclosure p...

Jane Doe (13-23) v. John Doe  
Date: December 18, 2013
Docket Number: 41387-2013

Justia Opinion Summary: A magistrate court dismissed a petition filed by the maternal grandmother of a child born out of wedlock in which the grandmother sought to terminate the parental rights of the biological father and to adopt the child. A...

A&B Irrigation v. ID Dpt of Water Resources  
Date: December 17, 2013
Docket Number: 38191/38192/38193

Justia Opinion Summary: The issue on appeal in this case stemmed from a district court’s review of a final order from the Director of the Idaho Department of Water Resources. The senior surface water rights holders (Surface Water Coalition) cha...

A&B Irrigation v. ID Dept. of Water Resources
Date: December 17, 2013
Docket Numbers: 38191, 38192, 38193
Bremer v. E. Greenacres Irrig Dist  
Date: December 17, 2013
Docket Number: 39942

Justia Opinion Summary: Bremer, LLC and KGG Partnership (collectively "Bremer") appealed a district court’s grant of summary judgment to East Greenacres Irrigation District ("EGID") and the district court’s denial of several additional motions....

Hoch v. Vance  
Date: December 13, 2013
Docket Number: 39788

Justia Opinion Summary: Rob and Becky Vance appealed a district court order that granted partial summary judgment to John and Carole Hoch. The Vances challenged that part of the court's decision holding the Hochs' warranty deed granted them an...

Beers v. President - Church of Jesus Christ of LDS
Date: December 11, 2013
Docket Number: 39319
Robby Mowrey v. Chevron Pipeline Co.  
Date: December 6, 2013
Docket Number: 39346

Justia Opinion Summary: Appellants Robby and Kim Mowrey appealed the dismissal of their negligence action against Respondent Chevron Pipe Line Co. The district court ruled that because the Mowreys failed to disclose this claim as an asset in th...

BV Beverage Company v. Idaho Alcohol Beverage Control.  
Date: December 4, 2013
Docket Number: 39690

Justia Opinion Summary: BV Beverage Company, LLC appealed the dismissal of its petition regarding the expiration of its liquor license. Idaho Alcohol Beverage Control (ABC) contended that BV Beverage's interest in its license expired by operati...

Silicon Int'l v. Monsanto Co.  
Date: November 27, 2013
Docket Number: 39409

Justia Opinion Summary: Monsanto, through a wholly owned subsidiary, owns a quartzite mine near Soda Springs. Monsanto and Washington Group International, Inc. (WGI) contracted with each other for WGI to operate the mine. This agreement was mem...

Black v. Idaho State Police  
Date: November 27, 2013
Docket Number: 39822

Justia Opinion Summary: This appeal arose from the termination of Jeffry Black, the former Executive Director of the Idaho Peace Officer Standards and Training Council (POST). Black asserted that the Idaho State Police (ISP) violated two provis...

Frogley v. Meridian Joint School Dist 2  
Date: November 27, 2013
Docket Number: 39945

Justia Opinion Summary: Plaintiff Wade Frogley appealed the district court's grant of summary judgment in favor of Respondents Meridian Joint School District No. 2, Aaron Maybon, and Linda Clark, on Frogley's complaint of retaliation in violati...

Stringer v. Robinson  
Date: November 27, 2013
Docket Number: 40087

Justia Opinion Summary: Defendant-Respondent Russell Griffeth, a licensed physical therapist, operated a clinic in Idaho Falls. He received no training as a contractor and was never licensed as a contractor. He did, however, act as a general co...

Clark v. Shari's Management Corp  
Date: November 27, 2013
Docket Number: 40393

Justia Opinion Summary: Claimant-Appellant Dallas Clark appealed an Industrial Commission order that denied her workers' compensation benefits. Claimant worked for Shari's Management Corporation as an experienced server. During a graveyard shif...

Idaho v. Keithly  
Date: November 26, 2013
Docket Number: 39033/39034/39035/39036

Justia Opinion Summary: The issue before the Supreme Court in this case related to the service of four members of the Board of Directors for the Southern Valley County Recreation District. The State brought usurpation actions against Donald Kei...

State v. Keithly
Date: November 26, 2013
Docket Numbers: 39033, 39034, 39035, 39036
Hopper v. Hopper  
Date: November 26, 2013
Docket Number: 39077/39078/39079

Justia Opinion Summary: This appeal arose from a divorce and custody dispute between Christopher Hopper and Suzanne Swinnerton. In 2005, Christopher filed suit on his own behalf, as well as that of his son and parents, against his wife, Suzanne...

Christopher Hopper v. Joseph and Bette Hopper
Date: November 26, 2013
Docket Numbers: 39077, 39078, 39079
Beers v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints  
Date: November 26, 2013
Docket Number: 39319

Justia Opinion Summary: Heidi Beers (a minor) was injured after jumping from a bridge into the Payette River. At the time, she was attending a campout organized by ward members of her church. Her parents, Gregory and Caralee Beers, brought negl...

Taft v. Jumbo Foods, Inc.,  
Date: November 26, 2013
Docket Number: 39364

Justia Opinion Summary: This appeal stemmed from litigation involving a motor vehicle accident. Passenger Trevor Taft was injured when driver Derek Gummersall, the son of Clay Gummersall, lost control of his vehicle. At the time of the acciden...

Siegwarth v. Opportunity Management Co., Inc.  
Date: November 26, 2013
Docket Number: 39445-2011

Justia Opinion Summary: Several neighbors all owning lakefront property objected when others planned on building a dock on the lake and using a portion of what was believed to be a designated common area. Plaintiffs appealed a district court ju...

Sky Canyon Properties, LLC v. The Golf Club at Black Rock, LLC  
Date: November 26, 2013
Docket Number: 39831

Justia Opinion Summary: Black Rock Development, Inc. developed a planned unit development consisting of residential homes and a golf course on the shore of Lake Coeur d'Alene. Black Rock Development recorded covenants, conditions, and restricti...

Telford v. Smith County  
Date: November 26, 2013
Docket Number: 39878-2012

Justia Opinion Summary: Utah resident Elham Neilsen wanted to purchase a residence close to the city of Tyler in Smith County, Texas. He contacted Plaintiff-Appellant Holli Telford because he had heard that she knew how to acquire properties th...

Liberty Northwest Ins. Co., v. Spudnik Equip Co.,  
Date: November 26, 2013
Docket Number: 39957

Justia Opinion Summary: Liberty Northwest Insurance filed a product liability action against Spudnik Equipment Company to recover workers' compensation benefits paid to an employee of its insured, Grand 4-D Farms, who was injured while working...

Riley v. Spiral Butte Development, LLC  
Date: November 26, 2013
Docket Number: 40061

Justia Opinion Summary: Plaintiffs-Appellants Norman and Robin Riley appealed the district court's grant of summary judgment in favor of respondents Spiral Butte Development, LLC and Jim Horkley. Plaintiffs alleged breach of contract against Sp...

John Doe V. Jane Doe (2013-14)  
Date: November 26, 2013
Docket Number: 41149

Justia Opinion Summary: Mother Jane (2013-14) Doe appealed the termination of her parental relationship with her son JLS. Mother left JLS in the care of family members, who then placed JLS with Mr. and Mrs. Doe. The Does petitioned to terminate...

Intermountain Real Properties, LLC v. Draw, LLC  
Date: October 16, 2013
Docket Number: 40335

Justia Opinion Summary: Appellant Intermountain Real Properties, LLC, appealed a district court's grant of summary judgment to Respondent Draw, LLC. Intermountain initially brought a cause of action, as an assignee of a materialmen's lien, agai...

State Tax Commission v. Native Wholesale
Date: October 15, 2013
Docket Number: 38780
Ashton Urban Renewal v. Ashton Memorial  
Date: October 11, 2013
Docket Number: 40348

Justia Opinion Summary: The issue before the Supreme Court in this case concerned the district court’s holding that Ashton Urban Renewal Agency (AURA) had standing to challenge a property tax exemption granted to Ashton Memorial, Inc., a corpor...

Keybank Nat'l Assoc v. Pal I, LLC  
Date: October 3, 2013
Docket Number: 38645

Justia Opinion Summary: Judgment creditor PAL I, LLC levied and executed upon collateral in which KeyBank had a perfected security interest. PAL argued that because KeyBank did not file a third-party claim to the collateral in accordance with I...

Steuerer v. Richards  
Date: October 2, 2013
Docket Number: 39274

Justia Opinion Summary: In 1997, Plaintiff-Respondent Donald Steuerer needed money and asked his across-the-street neighbor N.E.M. Richards to loan him some. Richards agreed to loan Steuerer $5,000. Steuerer executed and recorded a warranty dee...

Slane v. Adams  
Date: October 2, 2013
Docket Number: 39766-2012

Justia Opinion Summary: Defendant-Respondent-Appellant Stephen Adams appealed a district court judgment that upheld a magistrate judge's order that dismissed his motions to modify child custody and child support. Defendant's had been held in co...

Hall v. Rocky Mtn Emergency Physicians  
Date: September 6, 2013
Docket Number: 39473

Justia Opinion Summary: At issue in this case was a medical malpractice claim brought against a physician's assistant, two supervising physicians and Rocky Mountain Emergency Physicians, LLC. Plaintiff-Appellant Heather Hall went to the emergen...

Hatheway v. Bd of Regents - UI  
Date: September 6, 2013
Docket Number: 39507

Justia Opinion Summary: Appellant Lillian Hatheway appealed a district court's grant of summary judgment in favor of the Board of Regents of the University of Idaho and the University of Idaho. Appellant worked for the University as an administ...

Izaguirre v. R&L Carriers  
Date: August 30, 2013
Docket Number: 39750

Justia Opinion Summary: Claimant Rubio Izaguirre settled with a third-party tortfeasor following a work-related automobile accident. His employer and surety asserted a right of subrogation against the entirety of that settlement. On appeal, cla...

Ulrich v. Bach  
Date: August 28, 2013
Docket Number: 39318

Justia Opinion Summary: In this case, Thomas and Mary Ulrich sought to quiet title to an easement over the "Peacock Parcel," which is adjacent to land that they own. The Peacock Parcel is owned by four parties. The Ulrichs brought suit against...

Major v. Security Eq Corp  
Date: August 27, 2013
Docket Number: 39414

Justia Opinion Summary: Plaintiff-Appellant Billie Jo Major sued Security Equipment Corporation (SEC) alleging that the company failed to provide adequate warning to her employer, the Idaho Department of Corrections (IDOC), on the risks of its...

Bagley v. Thomason  
Date: August 16, 2013
Docket Number: 39069

Justia Opinion Summary: This was the third appeal pursued by Byron Thomason (deceased) and his wife Marilynn Thomason (Thomasons) against the brothers Terrence and John Bagley (the Bagleys) over a quiet title action. In the first appeal, the Su...

Americn Bank v. Wadsworth Golf  
Date: August 16, 2013
Docket Number: 39415

Justia Opinion Summary: At the heart of this appeal was a mechanic's lien filed against the Black Rock North Development in Coeur d?Alene, Idaho, and an uncompleted golf course community development. American Bank (the Bank) was the lender to B...

Roesch v. Klemann  
Date: August 16, 2013
Docket Number: 39836

Justia Opinion Summary: This case centered on a judicial foreclosure action brought by Karl L. Roesch and River Terrace Estates, Inc. against Daniel L. Klemann, Cornerstone Financial, Inc., and Shea Realtors, PLLC. Roesch obtained a foreclosure...

AED, Inc v. KDC Investments  
Date: August 15, 2013
Docket Number: 38603

Justia Opinion Summary: The underlying dispute in this matter centered on the sale and demolition of a bridge across the Ohio River between West Virginia and Ohio. Advanced Explosives Demolition, Inc. (AED) entered a contract to sell the bridge...

Idaho Tax Commission v. Native Wholesale Supply  
Date: August 15, 2013
Docket Number: 38780

Justia Opinion Summary: This appeal stemmed from Native Wholesale Supply Company's (NWS) cigarette sales to Warpath, Inc. NWS is an Indian retailer organized under the tribal laws of the Sac and Fox Nation. It operates on the Seneca reservation...

Clark v. State Ins Fund  
Date: August 14, 2013
Docket Number: 40016

Justia Opinion Summary: At issue in this case was a worker’s compensation claim stemming from an accident at an onion processing plant. Petitioner James Clark was injured when his right forearm was caught in a roller machine which resulted in s...

In re Estate of Wiggins  
Date: August 9, 2013
Docket Number: 39129

Justia Opinion Summary: The Department of Health and Welfare appealed an order that disallowed its attempt to recover assets in a probate proceeding. The Department sought to recover assets of a dead Medicaid recipient for medical assistance pa...

Gagnon v. Western Building Maintenance, Inc.  
Date: August 9, 2013
Docket Number: 39816

Justia Opinion Summary: A bank hired a contractor to perform janitorial and snow removal services. The written contract between the parties lapsed, but they orally renewed their agreement according to the same terms. One morning, a bank employe...

Doe v. Idaho Department of Health & Welfare  
Date: July 12, 2013
Docket Number: 40670

Justia Opinion Summary: John Doe was in prison when his son was born. The baby's mother was living with another man, and gave the boy the boyfriend's surname. The baby was abused while in her care; the Department of Health and Welfare took the...

Hehr v. City of McCall  
Date: July 11, 2013
Docket Number: 39535

Justia Opinion Summary: Appellants Richard Hehr and Greystone Villages, LLC (collectively "Greystone") appealed a district court's grant of summary judgment in favor of Respondent City of McCall. Greystone's claims arose out of its development...

Ferrell v. United Financial Casualty Co.  
Date: July 2, 2013
Docket Number: 39221

Justia Opinion Summary: The issue on appeal to the Supreme Court in this case stemmed from district court decisions regarding an uninsured motorist claim between Plaintiffs-Appellants Sam and Deva Ferrell and Defendant-Respondent United Financi...

Goodspeed v. Shippen  
Date: June 25, 2013
Docket Number: 38829

Justia Opinion Summary: The Supreme Court affirmed the district court’s order granting a new trial on plaintiffs' claim for breach of the implied warranty of habitability and its denial of defendants' request for attorney fees at trial. Plainti...

Shapley v. Centurion Life Ins Co  
Date: June 25, 2013
Docket Number: 39784

Justia Opinion Summary: William Shapley appealed the district court’s dismissal of his breach of contract and negligence claims against Centurion Life Insurance Company and Wells Fargo Financial. Shapley and his wife applied for credit life ins...

Peckham, DMD v. State Bd of Dentistry  
Date: June 21, 2013
Docket Number: 39758

Justia Opinion Summary: The State Board of Dentistry fined Plaintiff-Appellant Lon Peckham, DMD for failing to adequately inform a patient prior to performing a procedure, and for publishing misleading material on his website. The district cour...

Pelayo v. Pelayo  
Date: June 21, 2013
Docket Number: 39789

Justia Opinion Summary: Plaintiff-Appellant Pedro Pelayo appealed several rulings the magistrate court made in his divorce from Defendant-Respondent Bertha Pelayo. Specifically he challenged the magistrate's ruling with regard to: spousal maint...

Echo Vanderwal v. Albar  
Date: June 20, 2013
Docket Number: 38085-2012

Justia Opinion Summary: Albar, Inc. owned a convenience store, gas station and marina on the Pen Orielle River. In 2003, one of its three underground storage tanks leaked gasoline into the surrounding soil. The tanks were insured through the St...

Ross v. Dorsey  
Date: June 20, 2013
Docket Number: 39152

Justia Opinion Summary: Appellants Tommy and Erin Dorsey contended that they were conveyed beachfront property when they bought "Lot 1." Respondents, who own the other lots in the subdivision, contended that the property was dedicated to the us...

Bald, Fat & Ugly v. Keane  
Date: June 20, 2013
Docket Number: 39451-2011

Justia Opinion Summary: Richard and Lisa Keane and the companies they managed, and Bald, Fat & Ugly, LLC (BFU) had a disagreement arising from a development deal involving the Houston Professional Plaza. They went to mediation, but the parties...

Telford Lands v. Cain  
Date: June 20, 2013
Docket Number: 39466-2011

Justia Opinion Summary: The issue before the Supreme Court in this case centered on a district court's judgment to condemn an easement across the appellants' real property for an irrigation pipeline. The Supreme Court found no error in the dist...

Adv Medical Diagnostics v. Imaging Center of Idaho  
Date: June 20, 2013
Docket Number: 39753-2012

Justia Opinion Summary: Plaintiff Advanced Medical Diagnostics entered into a contract for services with Defendant Imaging Center of Idaho, LLC. Defendant stopped making payments and Plaintiff sued for damages for breach of contract. The matter...

Bank of Commerce v. Jefferson Ent  
Date: June 20, 2013
Docket Number: 40034

Justia Opinion Summary: The Bank of Commerce filed suit to foreclose on two mortgages against properties under development by Jefferson Enterprises, LLC. Jefferson raised a variety of counterclaims. Ultimately the district court granted summary...

Alpine Village v. City of McCall  
Date: June 14, 2013
Docket Number: 39580

Justia Opinion Summary: Appellant Alpine Village appealed a district court's grant of summary judgment in favor of the City of McCall. Alpine sued the City to enforce Ordinance 819 (found to be unconstitutional in a separate proceeding), and ar...

Garrett v. Garrett  
Date: June 11, 2013
Docket Number: 38971

Justia Opinion Summary: Alva Garrett owned an 80-acre parcel of property in Middleton. He sold most of the property to pay off debt. Alva owned the property in his name, but in 1990, executed a quitclaim deed to himself and his wife Thelma. In...

Mazzone v. Texas Roadhouse
Date: June 4, 2013
Docket Number: 39337
Baruch v. Clark  
Date: May 31, 2013
Docket Number: 39224

Justia Opinion Summary: The parties in this case appealed a magistrate court judgment concerning the division of certain property pursuant to a divorce decree. Appellant, Bill Clark raised three issues on appeal: (1) whether the district court...

Harris v. Ind School Dist No 1  
Date: May 24, 2013
Docket Number: 39968

Justia Opinion Summary: Katherine Harris sought workers' compensation benefits after falling and injuring herself at work in January of 2008. Following a hearing, the Idaho Industrial Commission decided that Harris was not entitled to disabilit...

Taylor v. Chamberlain  
Date: May 23, 2013
Docket Number: 39378-2011

Justia Opinion Summary: Plaintiff Thomas R. Taylor filed this action seeking to recover damages for alleged medical malpractice. Pursuant to Idaho Code section 6-1001, he then filed a request for a prelitigation screening panel four days later....

Morris v. Hap Taylor & Sons  
Date: May 23, 2013
Docket Number: 39747

Justia Opinion Summary: Benjamin Morris appealed an order of the Idaho Industrial Commission that denied his motion to set aside a lump sum settlement agreement he made with his employer's surety, Liberty Northwest Insurance. Morris initiated h...

Sims v. Daker  
Date: May 23, 2013
Docket Number: 39760

Justia Opinion Summary: At issue in this case was a boundary line dispute between neighboring property owners in Clearwater County. Jimmy and Susan Sims brought suit against Eugene and Elda Daker, claiming a fence line between their properties...

Idaho Trust Bank v. Christian  
Date: May 23, 2013
Docket Number: 39781-2012

Justia Opinion Summary: In 2006, Trinity Investments, LLC executed and delivered to Idaho Trust National Bank (Lender) a promissory note in the principal amount of $5,625,000.00 to develop a parcel of real property and construct townhouses upon...

Zimmerman v. City of Lewiston  
Date: May 23, 2013
Docket Number: 40057

Justia Opinion Summary: This appeal arose from an action filed against the City of Lewiston by Tim Thompson, Janet Thompson, and Thompson's Auto Sales (collectively, Thompson). Thompson filed a claim under the Idaho Tort Claims Act (ITCA), alle...

Rizzo v. State Farm Insurance  
Date: May 22, 2013
Docket Number: 39611

Justia Opinion Summary: This case arose from the water loss claims Appellant Roger Daniel Rizzo made under Respondent State Farm Fire and Casualty Company's homeowners insurance policy. All of Appellant's claims were for water damage to his hom...

Hoagland v. Ada County  
Date: May 16, 2013
Docket Number: 38775

Justia Opinion Summary: At issue before the Supreme Court in this case was appeal and cross-appeal of summary judgments dismissing claims against Defendants Ada County, Deputy Jeremy Wroblewski, Kate Pape, and James Johnson in a 42 U.S.C. 1983...

Ravenscroft v. Boise County  
Date: May 13, 2013
Docket Number: 39323

Justia Opinion Summary: In 2011, Gordon Ravenscroft filed a Petition for Judicial Review against Boise County, its Board of Commissioners, and other individual defendants. The petition sought review of the Board's final decision terminating Rav...

Idaho Bd of Land Comm v. Kaseburg  
Date: May 2, 2013
Docket Number: 38917

Justia Opinion Summary: Petitioner Peter Kaseburg was a littoral owner on Lake Pend Oreille who held an encroachment permit for a series of decaying wooden pilings that were driven into the lakebed in the 1930s. With the exception of a single p...

Mazzone v. Texas Roadhouse  
Date: April 26, 2013
Docket Number: 39337

Justia Opinion Summary: Appellant Matthew Mazzone appealed an Idaho Industrial Commission's order that denied him workers' compensation for psychological injuries allegedly arising as a result of an industrial accident wherein appellant tripped...

Edwards v. MERS  
Date: April 25, 2013
Docket Number: 38604-2011

Justia Opinion Summary: This was an action brought by the grantor of a deed of trust to stop nonjudicial foreclosure proceedings based upon the contention that MERS, the Mortgage Electronic Registration Systems, which was the named beneficiary...

Telford v. Nye  
Date: April 23, 2013
Docket Number: 39497

Justia Opinion Summary: In 2011, Administrative District Judge Nye issued an Administrative Order Declaring Petitioner Holli Telford a Vexatious Litigant. At the time the pre-filing order was issued, there were no proceedings before Judge Nye t...

Employers Mutual Casualty Co v. Donnelly  
Date: April 19, 2013
Docket Number: 38623

Justia Opinion Summary: In 2007, Employers Mutual Casualty Company (EMC) brought a declaratory judgment action against the Donnellys and Rimar Construction, Inc. (RMI) to establish that under its policy of insurance with RCI, EMC had no duty or...

Parkwest Homes v. Julie G. Barnson
Date: April 18, 2013
Docket Number: 38919
Insight LLC v. Patrick Gunter
Date: April 16, 2013
Docket Number: 38158
Hansen v. Roberts  
Date: April 16, 2013
Docket Number: 38904

Justia Opinion Summary: Plaintiff-Appellant Larry Hansen was involved in an automobile accident with Defendant-Respondent Matthew Roberts. At trial, Plaintiff sought to recover damages for his injuries and Defendant sought to recover property d...

Seiniger Law v. Industrial Commission
Date: April 12, 2013
Docket Number: 38037
Leon Phillips v. Roy Jacobson
Date: April 11, 2013
Docket Number: 38666
CDA Dairy Queen, Inc. v. State Insurance Fund
Date: April 9, 2013
Docket Number: 38492
Woodworth v. Idaho Transportation Bd  
Date: April 1, 2013
Docket Number: 38884

Justia Opinion Summary: Plaintiff-Appellant Brian Woodworth brought suit against the State and the City of Nampa to recover damages for injuries he sustained while pushing a shopping cart across a state highway. Both defendants moved for summar...

City of Meridian v. PETRA Inc.  
Date: April 1, 2013
Docket Number: 39006

Justia Opinion Summary: This appeal stemmed from a protracted contract dispute arising out of the construction of Meridian’s new City Hall. The City brought suit against the project’s construction manager, Petra, Inc., alleging that Petra breac...

Mickelsen Const v. Horrocks  
Date: March 29, 2013
Docket Number: 38634

Justia Opinion Summary: The issue before the Supreme Court in this case concerned the grant of summary judgment dismissing an action to enforce an oral agreement to guaranty the debt of another on the ground that the agreement was barred by the...

Phillips v. Jacobson  
Date: March 29, 2013
Docket Number: 38666

Justia Opinion Summary: This was an appeal of an order setting aside a sheriff's sale of real property. The respondents, Earline Chance and Leon Phillips who were deed of trust beneficiaries and judgment creditors, failed to attend or bid at th...

Syringa Networks v. Idaho Dept of Admin  
Date: March 29, 2013
Docket Number: 38735

Justia Opinion Summary: In 2008, the legislature enacted legislation to establish the Idaho Education Network (IEN), which was to be a high-bandwidth telecommunications distribution system for distance learning in every public school in the sta...

Buckskin Prop v. Valley County  
Date: March 29, 2013
Docket Number: 38830

Justia Opinion Summary: Subdivision developers Buckskin Properties, Inc. and Timberline Development, LLC (collectively Buckskin) brought suit against Valley County seeking recovery of monies paid to the County for road development, and declarat...

Harris v. Bank of Commerce  
Date: March 29, 2013
Docket Number: 39204-2011

Justia Opinion Summary: The plaintiffs in this case appealed the grant of summary judgment upholding the validity of a bank's mortgage in real property that the plaintiffs had sold to a mortgagor in exchange for an interest in an investment acc...

Fields v. Idaho  
Date: March 26, 2013
Docket Number: 38571

Justia Opinion Summary: Petitioner-Appellant Zane Jack Fields was incarcerated for the 1988 first degree murder of Mary Katherine Vanderford. The district court dismissed his petition for post-conviction relief in 2010, the fifth successive pet...

Ada Co Prosecuting Atty v. 2007 Legendary Motorcycle  
Date: March 26, 2013
Docket Number: 39359

Justia Opinion Summary: This case arose from a district court's review on appeal of a magistrate court's decision regarding the civil forfeiture of a motorcycle and other items that belong to Christopher Rubey. In 2009, Rubey was arrested and c...

State Bar v. Pangburn
Date: February 27, 2013
Docket Number: 38215
Peterson v. Gentillon  
Date: February 26, 2013
Docket Number: 38878

Justia Opinion Summary: Appellants Lamon and Lori Gentillon and Wes and Connie Gentillon (the Partnership) appealed a district court’s order granting title to all but .34 acres of a disputed parcel of land and a 30-foot easement in favor of Cra...

Magleby v. Garn  
Date: February 26, 2013
Docket Number: 39264

Justia Opinion Summary: The issue before the Supreme Court on appeal in this case related to attorney fees incurred in litigation arising from a construction contract for a custom cabin in Island Park, Idaho. There were two issues: (1) whether...

Altrua Healthshare v. Deal  
Date: February 25, 2013
Docket Number: 39388

Justia Opinion Summary: Appellant Altrua HealthShare appealed the district court's decision affirming the Idaho Department of Insurance's (Department) determination that Altrua transacted insurance without a certificate of authority. Altrua arg...

Bottum v. Idaho State Police  
Date: February 25, 2013
Docket Number: 39772

Justia Opinion Summary: Petitioner-Appellant Randall Bottum appealed a district court order which held that a 2009 amendment to the sex offender registration law applied to him. Prior to the amendment, Petitioner could have petitioned the court...

Bettwieser v. New York Irrigation Dist.  
Date: February 22, 2013
Docket Number: 37396

Justia Opinion Summary: Pro se plaintiff Martin Bettwieser brought a breach of contract action against the New York Irrigation District and its directors (collectively, the District). Bettwieser alleged that the District breached an oral contra...

Seiniger Law v. Industrial Commission  
Date: February 22, 2013
Docket Number: 38037

Justia Opinion Summary: This case was an appeal to challenge the administrative rule adopted by the Industrial Commission in 1994 that regulates the amount of attorney fees allowable for attorneys representing claimants in worker's compensation...

Mosell Equities v. Berryhill & Co.  
Date: February 22, 2013
Docket Number: 38338

Justia Opinion Summary: Glenn Mosell was a commercial real estate broker in investment sales and a land developer who owned about 290 acres of property in Canyon County. He planned to develop this property and other land that he had an option t...

Rountree v. Boise Baseball  
Date: February 22, 2013
Docket Number: 38966

Justia Opinion Summary: Boise Baseball, LLC, Boise Hawks Baseball Club, LLC, and Home Plate Food Services, LLC, (collectively "Boise Baseball") sought, and the Supreme Court granted, a permissive appeal of a district court's order. Plaintiff-Re...

Health & Welfare v. Doe  
Date: February 22, 2013
Docket Number: 40246

Justia Opinion Summary: In 2011, the Idaho Department of Health and Welfare (the Department) initiated this action to terminate the parental rights of John Doe. The matter proceeded to trial where the magistrate court found that Doe had neglect...

ParkWest Homes v. Barnson  
Date: February 4, 2013
Docket Number: 38919

Justia Opinion Summary: The issue before the Supreme Court in this case concerned an order granting summary judgment in an action to foreclose a mechanic’s lien by ParkWest Homes, LLC against Julie Barnson and Mortgage Electronic Services, Inc....

Martin v. Smith  
Date: February 1, 2013
Docket Number: 36055

Justia Opinion Summary: Appellant Camas County appealed an injunction granted by the district court against the enforcement of Camas County Ordinances 150 and 153, and Resolutions 96 and 103 (2007 zoning amendments). Plaintiff-Respondent George...

McCallister v. Dixon  
Date: February 1, 2013
Docket Number: 38196

Justia Opinion Summary: Plaintiff-Appellant Jerry Doherty appealed a district court order that dismissed him as a party in the medical malpractice action against respondents Dr. Gordon Dixon and Blackfoot Medical Clinic. The district court, on...

Allen F. Grazer v. Gordon A. Jones
Date: January 29, 2013
Docket Number: 38852
Insight LLC v. Gunter  
Date: January 24, 2013
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, 2013
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, 2013
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, 2013
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, 2013
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, 2013
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, 2013
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, 2013
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...

In re: St. Lukes Magic Valley RMC v. Luciani, et al.  
Date: January 23, 2013
Docket Number: 39315

Justia Opinion Summary: The United States District Court for the District of Idaho certified a question of law to the State Supreme Court: whether a legal malpractice claim that is transferred to an assignee in a commercial transaction (along w...

Two Jinn, Inc. v. Idaho Dept of Insurance  
Date: January 11, 2013
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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