Richel Family Trust v. Worley Hwy DistAnnotate this Case
The issue this case presented for the Idaho Supreme Court's review was the judicial review of a validation order issued by the Worley Highway District Board of Commissioners (the Highway District). The order validated Road No. 20 (also known as Sunny Slopes Road) across the Northwest and Northeast Quarters of Section 34, Township 47 North, Range 4 West, Boise Meridian, Kootenai County, Idaho. The purported road crossed properties owned by the Richel Family Trust and property owned by Jeanne Buell. The Trust did not contest the validation of the road in the Northwest Quarter of Section 34. However, the Trust requested judicial review of the validation of a portion of the road in the Northeast Quarter of Section 34. The district court affirmed the Highway District’s validation order. The Trust appealed the judicial review and affirmation, arguing the deed that purportedly conveyed the public right-of-way was void because it contained an insufficient description due to the loss of extrinsic evidence mentioned in the deed. Additionally, the Trust argued that many of the Highway District’s factual findings and legal conclusions were not supported by substantial and competent evidence. Further, the Trust argued that if the Highway District’s validation order was affirmed, it amounted to an unconstitutional taking under both the Idaho and United States constitutions. After review, the Supreme Court affirmed the district court’s order affirming the Highway District’s validation order. The Court determined the Trust could not establish an actual taking.