Idaho Supreme Court - Civil Decisions 2022

Horton v. Horton  
Date: October 3, 2022
Docket Number: 48224

Justia Opinion Summary: Desiree Horton served Andrew Horton with an Amended Complaint for Divorce in December of 2016. On June 15, 2017, in lieu of a trial, Desiree and Andrew entered into an oral stipulation on the record specifying how their…

Luck v. Rohel  
Date: September 26, 2022
Docket Number: 47506

Justia Opinion Summary: Christopher Luck, as legal guardian and conservator for Ethel Luck, appealed a district court’s dismissal of Ethel’s negligence claim against Sarah Rohel for injuries Ethel sustained in a car accident. On March 13, 2019,…

Kelly v. Kelly  
Date: September 26, 2022
Docket Number: 48591

Justia Opinion Summary: Brandon and Brandi Kelly married on April 20, 2015, and had a child on June 9, 2015. Brandon filed for divorce on May 30, 2017. This appeal primarily concerned their disputes regarding the division of property and…

Jane Doe I & John Doe I  
Date: September 19, 2022
Docket Number: 49529

Justia Opinion Summary: At issue in this appeal was a question of the due process rights of an unwed biological father who had established a relationship with his two-month-old child through frequent visits before the child’s maternal…

Eldridge v. Agar Livestock, LLC  
Date: September 19, 2022
Docket Number: 49570

Justia Opinion Summary: This appeal arose from an Idaho Industrial Commission (“Commission”) order deeming Agar Livestock, LLC (“Agar”), a category one statutory employer of Jason Eldridge under Idaho’s Worker’s Compensation Act. Agar appealed…

Access Behavioral Health v. IDHW  
Date: September 16, 2022
Docket Number: 48353

Justia Opinion Summary: Access Behavioral Health appeals from the district court’s judgment upholding an order of the Idaho Department of Health and Welfare that demanded recoupment of Medicaid payments made to Access. The Department sought to…

Nelson v. Evans  
Date: September 16, 2022
Docket Number: 49233

Justia Opinion Summary: In 2017, Dennis and Linda Nelson, the maternal grandparents of C.E., S.E., and A.E., filed a petition at magistrate court relying on Idaho Code section 32-719 to establish visitation rights after Stephanie and Brian…

Hall v. Exler  
Date: September 9, 2022
Docket Number: 48790

Justia Opinion Summary: In October 1998, Andrea and Brad Hall, together with Linda and Frank Exler, purchased real property in Roberts, Idaho. The Halls owned a two-thirds interest in the property and the Exlers owned one-third. In September…

Luck v. Rohel


Date: September 2, 2022
Docket Number: 47506
Litster Frost v. Idaho Injury Law Group  
Date: September 2, 2022
Docket Number: 48359

Justia Opinion Summary: This appeal involved a dispute over the division of a personal injury settlement between a predecessor law firm, a successor law firm, and a client who was subjected to unfair and deceptive trade practices. Litster Frost…

United Heritage v. Zech  
Date: August 31, 2022
Docket Number: 48457

Justia Opinion Summary: After receiving reminder notices by mail, the insureds failed to pay a renewal premium for a rented home by the due date. Fourteen days after payment was due, the insureds mailed a check to the insurance company for the…

Mortensen v. Baker  
Date: August 30, 2022
Docket Number: 48492

Justia Opinion Summary: Jana Mortensen sought treatment from Dr. Jeffrey Baker at The Healing Sanctuary, LLC, after a hysterectomy failed to resolve symptoms for ongoing pelvic pain. Mortensen alleged Dr. Baker prescribed Mortensen a 14-day…

Chambers v. Idaho Board of Pharmacy  
Date: August 24, 2022
Docket Number: 49356

Justia Opinion Summary: The Idaho Board of Pharmacy (“Board”) filed an administrative complaint against pharmacist Cindy Chambers, alleging that she dispensed a controlled substance without a valid prescription. Chambers prevailed before the…

Neeser v. Inland Empire Paper Company  
Date: August 23, 2022
Docket Number: 48567

Justia Opinion Summary: Gerald Neeser, in his capacity as trustee of the Gerald E. Neeser Revocable Living Trust (Neeser), owned two adjacent parcels of land, Lots 3 and 4, on the south shore of Spirit Lake in Kootenai County, Idaho. Inland…

Breckenridge Property Fund 2016, LLC v. Wally Enterprises, Inc., et al.  
Date: August 22, 2022
Docket Numbers: 48489, 48703

Justia Opinion Summary: Andrew Ashmore, agent for appellant Breckenridge Property Fund 2016, LLC, (“Breckenridge”) arrived at a foreclosure sale with endorsed checks to support Breckenridge’s bid. Jesse Thomas, agent for Cornerstone Properties,…

Greenfield Family Trust v. Olive Fountain Land Company, LLC  
Date: August 22, 2022
Docket Number: 48538

Justia Opinion Summary: Olive Fountain Land Company, LLC (“Olive Fountain”), and Greenfield Family Trust (“Greenfield Trust”), owned neighboring properties along Lake Coeur d’Alene in Kootenai County, Idaho. Olive Fountain had permission to…

Hartman v. Canyon County  
Date: August 22, 2022
Docket Number: 48731

Justia Opinion Summary: Canyon County employed William Hartman as a heavy equipment operator at the Pickles Butte landfill in Nampa, Idaho, from 2012 until 2017. In February 2017, Hartman reported to Canyon County’s Human Resources Office that…

Planned Parenthood v. Idaho  
Date: August 12, 2022
Docket Numbers: 49615, 49817, 49899

Justia Opinion Summary: The Idaho Supreme Court held a hearing on August 3, 2022 to address specific procedural matters. The only issues in dispute were whether the Court should stay the enforcement of Idaho Code section 18-622(2) (“Total…

City of Ririe v. Gilgen  
Date: August 9, 2022
Docket Number: 48558

Justia Opinion Summary: The Jefferson County, Idaho Board of Commissioners (“the County”) granted Appellant Tina Gilgen a conditional use permit that allowed her to place a mobile home on real property she owned with her husband, Kelly Gilgen.…

Van Orden v. Van Orden
Date: August 3, 2022
Docket Number: 47857
IDHW v. John Doe  
Date: August 2, 2022
Docket Number: 49375

Justia Opinion Summary: John Doe (Father) appealed a magistrate court’s decision to terminate his parental rights to his three children: John Doe I (age 12), Jane Doe (age 11), and John Doe II (age 7). The children and their biological mother…

Idaho State Bar v. Smith
Date: July 15, 2022
Docket Number: 49155
Elsaesser v. Black Diamond Compost, LLC  
Date: July 8, 2022
Docket Number: 48720

Justia Opinion Summary: Black Diamond Compost, LLC (“Black Diamond”), filed a “Claim of Ownership” with the Ada County, Idaho Recorder’s Office to notify the public of its ownership of compost and humus located on real property in Ada County.…

Elsaesser v. Riverside Farms, Inc.  
Date: July 6, 2022
Docket Number: 48701

Justia Opinion Summary: This appeal arose from an action in which the personal representative of the Estate of Victoria Smith (the “Personal Representative”) sought to eject Riverside Farms, LLC, (“Riverside”) from its real property, referred…

Kuna Rural Fire District v. PERSI  
Date: July 1, 2022
Docket Number: 48980

Justia Opinion Summary: This appeal arose from conflicting interpretations of the statutory provisions that govern the Public Employee Retirement System of Idaho (“PERSI”) and the administration of employer contributions to the Firefighters’…

Shoshone County v. S&W OPS, LLC  
Date: June 30, 2022
Docket Number: 48418

Justia Opinion Summary: In 2017, Appellant Shoshone County assessed properties owned by Respondents S&W OPS, LLC; POWDER, LLC; H2O, LLC; GOLF, LLC; APARTMENT, LLC; F&B, LLC; and VILLAGE MANAGEMENT, LLC (collectively “Taxpayers”). Taxpayers…

Allen v. Partners in Healthcare, Inc.  
Date: June 29, 2022
Docket Number: 48722

Justia Opinion Summary: Patricia Allen appealed the Idaho Industrial Commission’s (the “Commission”) decision denying unemployment benefits. Allen was employed by Partners in Healthcare, Inc., doing business as North Canyon Medical Center…

Glatte v. Hernandez  
Date: June 29, 2022
Docket Number: 49372

Justia Opinion Summary: This appeal arose from the dismissal of a stepfather’s petition for custody and support of a child filed three years after the stepfather and mother divorced. The stepfather based his petition on the underlying divorce…

S Bar Ranch v. Elmore County 
Date: June 14, 2022
Docket Number: 47652
Berglund v. Dix 
Date: June 6, 2022
Docket Number: 48276
Savage v. Idaho  
Date: June 2, 2022
Docket Number: 48338

Justia Opinion Summary: Petitioner-appellant Melvin Savage was convicted of first-degree arson. He filed a post-conviction petition alleging his trial counsel was ineffective for failing to advise him of his right against self-incrimination…

S Bar Ranch v. Elmore County  
Date: May 18, 2022
Docket Number: 47652

Justia Opinion Summary: S Bar Ranch owned approximately 3000 acres of land in rural Elmore County, Idaho. S Bar purchased the land in 2015. There were very few structures on S Bar’s property, save for an airplane hangar that included a…

Sharp v. Thomas Bros Plumbing  
Date: May 18, 2022
Docket Number: 48568

Justia Opinion Summary: Daniel Sharp suffered an injury to his lower back from an accident at work in 2015. After surgery, he was repeatedly advised to lose weight by the medical providers treating his injury. However, Sharp gained considerable…

3G AG LLC v. IDWR  
Date: May 18, 2022
Docket Number: 48769

Justia Opinion Summary: This appeal centered around the Idaho Department of Water Resources' (“IDWR”) denial of Application 83160, brought by Jeffrey and Chana Duffin (“Duffin”), to transfer the licensed ground water right 35-7667 to a…

Aizpitarte v. Minear  
Date: May 3, 2022
Docket Number: 48773

Justia Opinion Summary: Miguel and Janice Aizpitarte sued their neighbors Michael and Laura Minear to quiet title to what they contended was an established easement for an access driveway, and sought a declaratory judgment to recognize their…

Nelson v. City of Pocatello  
Date: April 29, 2022
Docket Number: 49171

Justia Opinion Summary: After a 21-year career as a firefighter with the City of Pocatello, Richard Nelson was diagnosed with leukemia. Nelson brought a workers’ compensation claim against the City. The Industrial Commission determined that the…

Nelsen v. Nelsen  
Date: April 19, 2022
Docket Number: 47950

Justia Opinion Summary: This appeal stemmed from a family dispute concerning ownership interests in Nelsen Farms, LLC (“LLC”). The LLC, as originally established, included equal ownership for two of the Nelsen’s sons, Jack S. and Jonathan.…

Weaver v. Weaver  
Date: April 6, 2022
Docket Number: 49072

Justia Opinion Summary: Lisa and Mark Weaver married in 2016, and had one minor child, A.W., born January 2017. In November 2020, The parties agreed between themselves to split physical custody of A.W. on a roughly 60/40 basis, with Mark having…

Cook v. Van Orden  
Date: March 24, 2022
Docket Number: 48687

Justia Opinion Summary: The issue this appeal presented for the Idaho Supreme Court's review concerned whether a prescriptive easement existed on a road accessing property owned by Shelley and Roger Cook near the Bingham and Bonneville County…

Von Lossberg v. State
Date: March 17, 2022
Docket Number: 48220
Von Lossberg v. Idaho  
Date: March 15, 2022
Docket Number: 48220

Justia Opinion Summary: Curt and Dara Von Lossberg filed this suit against the State of Idaho and the Idaho State Police after their son, Bryan Von Lossberg, ended his life with an unlawfully purchased handgun. The Von Lossbergs alleged that…

Van Hook v. Idaho  
Date: March 15, 2022
Docket Number: 48601

Justia Opinion Summary: In 2017, Ronald Van Hook was declared a vexatious litigant pursuant to Idaho Court Administrative Rule 59; this declaration was upheld by he Idaho Supreme Court. In 2021, “on behalf of his minor son” G.V.H., Van Hook…

Pizzuto v. IDOC
Date: March 15, 2022
Docket Number: 48857
Manning v. Micron Technology, Inc.  
Date: March 9, 2022
Docket Number: 48195

Justia Opinion Summary: The case arose when four Micron Technology, Inc. employees filed a class action complaint against Micron in 2019, asserting violations of the Idaho Wage Claim Act. At the time, Micron had in place a compensation plan…

Martin v. Garrett Living Trust  
Date: March 9, 2022
Docket Number: 48512

Justia Opinion Summary: The issue in this appeal concerned a dispute among stepsiblings over the remnant of their parents’ estates, which consisted of approximately 26 acres of real property in Canyon County, Idaho. Alva and Thelma Garrett…

Groveland Water and Sewer Dist v. City of Blackfoot  
Date: March 3, 2022
Docket Number: 48654

Justia Opinion Summary: This case arose out of a dispute over provisions in a written contract for sewer drainage and treatment services between Groveland Water and Sewer District (“GWSD”) and the City of Blackfoot (“the City”). Individuals…

Byrd v. Idaho State Brd. of Land Commissioners  
Date: March 2, 2022
Docket Number: 48042

Justia Opinion Summary: Stephan Byrd and Erika Mullins jointly filed an application for an encroachment permit with the Idaho Department of Lands to add boat lifts to their existing two-family dock on Priest Lake. Neighbors Cal Larson and…

Idaho State Tax Commission v. James  
Date: March 1, 2022
Docket Number: 47835

Justia Opinion Summary: Christopher and Debra James appealed a district court order granting summary judgment in favor of the Idaho State Tax Commission (“Tax Commission”), reversing the decision of the Board of Tax Appeals (“BTA”). The…

Durst et al v. ID Comm. for Reapportionment
Date: March 1, 2022
Docket Numbers: 49261, 49267, 49295, 49353
Williamson v. Ada County  
Date: February 25, 2022
Docket Number: 48289

Justia Opinion Summary: While incarcerated in the Ada County jail, Appellant Tom Williamson fell from the upper bunk bed during a request that he stand for roll call. Williamson suffered a head injury and sued Respondents Ada County and the Ada…

Pentico v. Idaho Commission for Reapportionment  
Date: February 11, 2022
Docket Number: 49351

Justia Opinion Summary: This case arose from a petition asserting the Idaho Commission for Reapportionment (“the Commission”) violated Idaho Code section 72-1506 when it adopted Plan C03, the congressional reapportionment plan, following the…

Munden v. Bannock County
Date: February 9, 2022
Docket Number: 47978
Swanson v. Swanson  
Date: February 3, 2022
Docket Number: 48997

Justia Opinion Summary: Mother and Father married in 2016. In May 2020, Child was born in Utah County, Utah. Following Child’s birth, Mother and Father lived in Utah with Child until July 21, 2020, when Mother and Child relocated to Rigby,…

Pena v. Viking Insurance Company  
Date: February 1, 2022
Docket Number: 48379

Justia Opinion Summary: Erick Pena filed a declaratory action against Viking Insurance Company of Wisconsin (“Viking”), alleging the automobile insurance policy he purchased was illegal because it provided illusory minimum limits of UIM…

Durst et al v. ID Comm. for Reapportionment  
Date: January 27, 2022
Docket Numbers: 49261, 49267, 49295, 49353

Justia Opinion Summary: This case arose out of multiple petitions challenging the constitutionality of Plan L03, the legislative redistricting plan adopted by the Idaho Commission for Reapportionment (“the Commission”) following the 2020…

Taylor v. Taylor  
Date: January 6, 2022
Docket Number: 48380

Justia Opinion Summary: Robert, David, and Troy Taylor were partners in a commercial fire prevention business based in Alaska. Troy later formed his own business that directly competed with the partnership. In January 2015, Robert, David, and…

Fuentes v. Cavco Industries, Inc.  
Date: January 5, 2022
Docket Number: 48419

Justia Opinion Summary: Taleetha Fuentes filed a worker's compensation complaint against her employer Cavco Industries and Cavco’s surety, Sentry Casualty Company (collectively, Defendants). Fuentes filed her complaint in July 2019, and the…

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