Roberts v. Jensen
Annotate this CaseThe issue this case presented for the Idaho Supreme Court's review centered on a waste ditch that drained surface water from property owned by Lora Roberts through property owned by Thomas and Deanna Jensen (the Jensens). The ditch itself passed through a man-made culvert under a county road between the properties. The Jensens filled in the portion of the waste ditch located on their property in 2013. In February 2017, Roberts’ property experienced significant flooding. The flooding damaged her home as well as horse feed stored in the barn. It also forced her to relocate her horses from her property. Roberts filed an action against the Jensens, alleging trespass and nuisance, as well as seeking a declaratory judgment to establish that Roberts had an interest in the waste ditch on the Jensens’ property as an easement on the basis that the ditch was an established natural servitude. The district court ultimately granted the Jensens’ motion for summary judgment against Roberts, and denied Roberts’ motion for summary judgment. The district court also dismissed the nuisance claim because the flooding was not caused by a natural servitude, and therefore a nuisance action was not applicable. The district court then denied Roberts’ request for a declaratory judgment. Roberts moved unsuccessfully for reconsideration, and her appeal followed. After review of the trial court record, the Supreme Court affirmed the district court’s order granting summary judgment against Roberts.
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