Nemeth v. Shoshone CountyAnnotate this Case
Peter Nemeth and his wife Mary Nemeth (deceased), and Peter Nemeth acting as trustee of the Peter and Mary Nemeth Family Trust (collectively, “the Nemeths”), petitioned Shoshone County, Idaho, to validate a public right-of-way across federal land pursuant to Idaho Code section 40-204A and United States Revised Statute 2477 (“R.S. 2477”). The right-of-way followed a road which crossed federal land that Nemeths claimed historically provided access to their property and patented mining claims. When the County failed to act on the petition, the Nemeths filed a declaratory judgment action seeking validation of the right-of-way pursuant to Idaho Code section 40- 208(7). On a motion from the County, the district court dismissed the complaint pursuant to I.R.C.P. 12(b)(6) on grounds that because the Road traversed federal land, only a federal court had jurisdiction to hear the claim, which had to be brought under the federal Quiet Title Act (QTA), 28 U.S.C. section 2409a. The Nemeths appealed, arguing that state courts had jurisdiction to validate rights-of- way on federal land pursuant to R.S. 2477 and that the QTA did not preempt Idaho law that provided for such validation. After review, the Idaho Supreme Court reversed, because the district court erred in dismissing the Nemeths’ action on the basis it lacked subject matter jurisdiction.