Idaho Supreme Court - Civil Decisions 2023

Justia Opinion Summary: The case revolved around a disagreement over a parking agreement related to a property owned by Midtown Ventures, LLC ("Midtown"). In 1999, restaurant owners Thomas and Teresa Capone ("the Capones") agreed with the Idaho…

Justia Opinion Summary: The holders of the second priority mortgage, Ray and Susan Montierth brought a foreclosure action against the holders of the first priority mortgage, Hendrik Dorssers and Justice Prevails, LLC, (collectively “Dorssers”),…

Justia Opinion Summary: Appellants Walmart and New Hampshire Insurance Company appealed the Idaho Industrial Commission’s determination that the employee’s widow, Sue Jordan, was entitled to medical and death benefits. More specifically, they…

Justia Opinion Summary: Marianita Martinez alleged that after she and Victorio Carretero divorced in April 1995, they subsequently entered into a common law marriage between their divorce in April 1995 and their move to California in November…

Justia Opinion Summary: The issue this appeal raised concerned a default judgment awarded to Scott and Natalie Pinkham against appellants David Plate, Rebeccah Jensen, and their company, Three Peaks Homes, LLC. When Appellants’ attorney…

Justia Opinion Summary: In December 2019, Paul Hanks slipped and fell on a patch of ice after exiting a vehicle in the passenger unloading zone at the Boise Airport. Hanks sued defendants the City of Boise, Republic Parking System, LLC, and…

Justia Opinion Summary: The parents in this case were brought to the attention of the Idaho Department of Health and Welfare ("Department") regarding reports of neglect and physical abuse to their five children. The child protection case began…

Justia Opinion Summary: Moranda Morley lost one of her two jobs due to the economic impact of the COVID-19 pandemic in March 2020. Morley applied for and received state unemployment compensation benefits and federal pandemic unemployment…

Justia Opinion Summary: Respondent D.L. Evans Bank obtained a default judgment against Appellant Henry Dean in 2010. Pursuant to Idaho Code section 10-1111(1), D.L. Evans obtained orders renewing the 2010 Judgment in 2015 and 2019. In 2020,…

Justia Opinion Summary: In this appeal, the Idaho Supreme Court addressed a challenge to a magistrate court’s decision to take jurisdiction of an infant after finding that the infant was “at risk of being a victim of abuse, neglect, or…

Justia Opinion Summary: Facing foreclosure, Ralph and Paula Isom entered into a deed in lieu of foreclosure agreement with Farms, LLC (“Farms”). The Isoms then leased the real property (a farm and various houses) back from Farms, subsequently…

Justia Opinion Summary: This appeal was the second time before the Idaho Supreme Court. It involved the existence of a prescriptive easement and the presumption of permissive use. Shelley and Roger Cook owned a parcel of land which was…

Justia Opinion Summary: Plaintiffs Kiki Leslie Tidwell (“Tidwell”) and the Madison Jean Tidwell Trust opposed an affordable housing project on land dedicated to Blaine County, Idaho for public use. Plaintiffs contended the Final Plat…

Justia Opinion Summary: Kyle and Ashley Fickenwirth and Amy Lanning (“Lanning”) owned adjoining properties at the center of this dispute. The Fickenwirths owned a gravel driveway that ran along the backside of Lanning’s property. Lanning had…

Justia Opinion Summary: The Idaho Department of Health and Welfare’s (“the Department”) cited Grace at Fairview Lakes, LLC (“Grace”), a residential assisted living and memory care facility, for failing to provide a safe living environment for…

Justia Opinion Summary: This appeal was about whether an aggrieved applicant could bring a direct action against a city, its administrators, and its mayor for alleged misconduct pertaining to the granting of a conditional use permit without…

Justia Opinion Summary: Mitchell Smith was employed by Amalgamated Sugar Company (“Amalgamated”) in Nampa, Idaho, when he was injured falling from a flight of stairs after the handrail gave out. Amalgamated had contracted with Excel…

Justia Opinion Summary: After suffering personal injuries and property damage in a multi-car collision with an underinsured motorist, Kelly Lynn Christmann filed suit against her insurer, State Farm Mutual Automobile Insurance Company (“State…

Justia Opinion Summary: Between 2015 and 2019, BitterSweet Ranch and its managers (“BitterSweet”) leased three parcels of farmland from Frank Sullivan and two of his business entities, The Green Desert, LLC, and The Sullivan Limited Partnership…

Justia Opinion Summary: At issue in this case was the distribution of charitable donations received by the International Rescue Committee (“IRC) to aid four refugee families and others in the refugee community who were victims of a mass…

Justia Opinion Summary: Shake Out, LLC entered into a contract with Clearwater Construction, LLC (“Clearwater”), to repair the building Shake Out’s restaurant occupied. The relationship between the parties quickly deteriorated, resulting in…

Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court's review centered on a wage claim dispute between Pat Stiffler and his previous employer, Hydroblend, Inc. After a dispute arose concerning incentive pay on an…

Justia Opinion Summary: Appellant North West Neighborhood Association challenged a district court’s decision upholding Boise City Council’s approval of three interrelated land use applications. The Idaho Supreme Court agreed with Appellant that…

Justia Opinion Summary: Holly Rich brought a legal malpractice action against her attorneys, Hepworth Holzer, LLP, and E. Craig Daue and Daue Buxbaum, PLLC (“Daue Buxbaum”) (collectively, “Respondents”), regarding their legal representation of…

Justia Opinion Summary: This lawsuit arose from an investigation into whether Appellant Kristine McCreery abused or neglected her fifteen-year-old son, B.M. McCreery filed a complaint against two physicians who reported the alleged abuse, the…

Justia Opinion Summary: In 2019, Matt Dorsey brought an action against his father, Tom Dorsey, seeking formal accounting, dissolution, and winding up of their joint dairy operation, Dorsey Organics, LLC. The district court appointed a Special…

Justia Opinion Summary: A large, dead tree near a mobile home rented by Tammy and Thomas Sankey fell and damaged the Sankeys’ vehicles, killed one of their cats and traumatized the other, and caused Tammy Sankey to experience emotional…

Justia Opinion Summary: The issue this appeal presented centered on a non-summary contempt proceeding arising out of a divorce, and former litigation in Oregon over spousal support Steven Abell owed his ex-wife Debra Abell. After a judgment of…

Justia Opinion Summary: This consolidated appeal arose from a dispute regarding a purchase option within a lease agreement. Bronco Elite Arts & Athletics, LLC, and its manager and registered agent, Brandon Paine (collectively “Bronco Elite”),…

Justia Opinion Summary: Ponderay Police Department Officer Michael Watkins injured his knee while chasing a suspect. Because Watkins was injured during the performance of his duties as a police officer, he was eligible to receive his full base…

Justia Opinion Summary: The Day family and Trust B of the Donald M. Day and Marjorie D. Day Family Trust appealed a district court’s decision to grant the Idaho Transportation Department’s (“ITD”) motion for involuntary dismissal. ITD…

Justia Opinion Summary: Petitioners Idahoans for Open Primaries and Reclaim Idaho filed an original action to the Idaho Supreme Court, claiming that the Idaho Attorney General’s short and general ballot titles for “The Idaho Open Primaries Act”…

Justia Opinion Summary: Tiffani Finco appealed a district court’s decision, acting in its appellate capacity, remanding a petition to modify child custody to the magistrate court for further proceedings. The Idaho Supreme Court dismissed the…

Justia Opinion Summary: Gregory Lowell appealed the Idaho Industrial Commission’s decision affirming the Idaho Department of Labor’s determination that Lowell was ineligible for unemployment benefits because he had been discharged for…

Justia Opinion Summary: Petitioner-appellant John Bradbury was resident of the City of Lewiston, Idaho and was an elected member of its city council. While serving in that capacity, he filed a petition alleging nine causes of action concerning…

Justia Opinion Summary: This appeal concerned the 2008 sale of real property located in Twin Falls, Idaho owned by the partnership White, White & Lawley I (“WWLI”), which sold the Property to White X Three, LLC, for $650,000. In 2009, after…

Justia Opinion Summary: The Idaho Industrial Commission issued an order denying Veronica Arreola’s petition for a declaratory ruling and motion for reinstatement of compensation. Arreola brought her petition and motion against the Granite State…

Justia Opinion Summary: Robert Houston created a trust which, after amendments, created three separate subtrusts designed to become effective following Robert’s death: a “Marital Trust,” a “Grandchildren’s Trust,” and a “Residuary Trust.”…

Justia Opinion Summary: This case stemmed from a 2019 lease by Respondents the City of Sandpoint (“the City”) to The Festival at Sandpoint (“The Festival”), a nonprofit corporation, to operate a multi-day music concert series in War Memorial…

Justia Opinion Summary: Jay Wright appealed the district court’s grant of summary judgment to his ex-wife, Kristie Parish. Wright and Parish were married in 2002 and divorced in 2019. Before they were married, Wright and Parish, as single…

Justia Opinion Summary: This consolidated appeal arose from personal injuries Adrian Carillo Alcala (“Carillo”) suffered at a potato packaging plant, SunRiver of Idaho, Inc. (“SunRiver”), after his head and shoulders were crushed by a box…

Justia Opinion Summary: After submitting the winning bid, Eagle Rock Timber, Inc. (“Eagle Rock”), contracted with Teton County, Idaho to reconstruct a stretch of road known as “Chapin Lane.” During the course of the project, Eagle Rock claimed…

Justia Opinion Summary: Petitioners-appellants the Reeses and their neighbors challenged the Blackfoot City Council’s decision to approve a Planned Unit Development (“PUD”) in a “Residential Ranchette” zoning district. The district court…

Justia Opinion Summary: Petitioner Todd Wood appealed after his driving privileges were suspended following breath alcohol testing (BAC) by the Idaho State Policy. After a lawful traffic stop, Wood submitted to BAC testing. His results were…

Justia Opinion Summary: Audrey Charlton appealed a magistrate court’s judgment modifying the residential custody of the parties’ minor children to give their father, Russell Pottenger, primary physical custody and awarding Charlton physical…

Justia Opinion Summary: Rodney Dickenson brought a whistleblower case against the Benewah County Sheriff’s Office (“BCSO”), Benewah County Board of Commissioners, and former Benewah County Sheriff, David Resser (collectively, the “County”).…

Justia Opinion Summary: This appeal arose after a trial in which Appellant Douglas Bagby argued that a transaction between Respondents Joseph and Hilary Davis was intended to hinder, delay, or defraud Bagby in his efforts to collect on a $5…

Justia Opinion Summary: Idaho Power Company and Avista Corporation (collectively the “Companies”) contested the the Idaho State Tax Commission (the “Commission”), in its capacity as the State Board of Equalization, assessments of their…

Justia Opinion Summary: Taunton Properties, LLC owned 63 townhomes and 3.8 acres of adjacent land in Eagle, Idaho. In 2020, Commercial Northwest, Taunton’s property manager and agent, provided Geringer Capital with documents regarding the…

Justia Opinion Summary: This appeal concerned a district court’s award of attorney fees to Burns Concrete, Inc., and Burns Holdings, LLC (collectively “Burns”). After extensive litigation, Burns prevailed on the merits of its claims and…

Justia Opinion Summary: In 2018, Terri Richardson Mattson (“Mattson”) and her husband filed this action against the Idaho Department of Health and Welfare, and its employee, Laurie Gallegos, a certified physician assistant (“Defendants”),…

Justia Opinion Summary: Michael Reid appealed a magistrate court’s decision modifying the custody and visitation schedule involving his minor child whose custody he shared with his ex-wife, Victoria Plasse. Both parties moved to modify the…

Justia Opinion Summary: Redginald Laren appealed the district court’s denial of his motion for reconsideration following the grant of summary judgment in favor of Krystal Demoney-Hendrickson and the Estate of Cynthia K. Juker. In 1994, Larsen…

Justia Opinion Summary: A group of pro se aggrieved property owners dubbed “Riverton Citizens Group,” timely filed a petition for judicial review challenging the Bingham County Commissioners’ (“the County”) decision to grant a zone change…

Justia Opinion Summary: Appellants Brett and Jenny Terrell appealed a district court’s decision to grant Respondent Paradis de Golf Holding, LLC attorney fees under Idaho Code section 12-120(3). In February 2020, the “Terrells”) sued Paradis…

Justia Opinion Summary: This case concerned a partition action: the district court determined that a physical partition of the property would result in great prejudice and ordered the parties to sell the property and split the proceeds equally.…

Justia Opinion Summary: This appeal concerned the existence of an easement across a lot (“Lot 20”) in the Greenbriar Estates subdivision. In 2004, John Esposito acquired two adjacent parcels of land. The northern parcel contained a mini storage…

Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court's review centered on a residence in the Boise foothills that was damaged by a landslide, which ultimately prevented the builder from obtaining a certificate of…

Justia Opinion Summary: Appellants were residents of Blaine County, Idaho (the “County”) who opposed a modified conditional use permit that the County granted to Idaho Power to install above-ground power lines. After the County denied…

Justia Opinion Summary: Stephanie Owens appealed a district court’s order affirming the findings of fact and conclusions of law made by the Ada County Board of Commissioners (the “Board”) in which it determined that Owens was an “applicant”…

Justia Opinion Summary: BrunoBuilt, Inc., was constructing a custom home on a vacant lot in 2016 when a landslide occurred beneath the Terra Nativa subdivision in the Boise foothills. Following damage to the lot, BrunoBuilt filed a professional…

Justia Opinion Summary: Kent and Linda Whitham, trustees of the Kent G. Whitham and Linda M. Whitham Revocable Trust, owned a property that benefitted from the use of a forty-foot private road easement that they and several neighbors used to…

Justia Opinion Summary: This appeal involved a dispute over ownership of one-third of an acre of land between two parcels near Slate Creek, Idaho. The disputed one-third acre was located south of a fence erected in the 1970s by the family of…

Justia Opinion Summary: Jane Doe, a three-year-old child, was in the custody of the Idaho Department of Health and Welfare (the “Department”); she was six days shy of her first birthday when the State removed her from the custody of her mother…

Justia Opinion Summary: John Doe sought custody of his daughter, Jane Doe, who was removed from the care of her mother in Idaho when a child protection action was initiated by the Idaho Department of Health and Welfare (“IDHW” or “the…

Justia Opinion Summary: Christine and Thomas O'Holleran married in 2005. They had no children. In 2015, Christine filed for divorce and in her complaint alleged “[t]hat [Thomas] is guilty of physical and mental abuse toward [Christine], and…

Justia Opinion Summary: This case arose from a medical malpractice action involving a partial foot amputation and sentinel lymph node biopsy (“SLNB”). John Beebe was diagnosed with aggressive melanoma on his foot. After his diagnosis, oncology…

Justia Opinion Summary: Treasure Valley Home Solutions, LLC, (“TVHS”) filed a complaint against Richard Chason alleging breach of contract and requesting specific performance of a real estate purchase contract after Chason refused to move…

Justia Opinion Summary: In this appeal, the issue presented was whether a contract for the sale of business assets also contained language conveying an enforceable leasehold interest in real property in favor of the buyer. At summary judgment,…

Justia Opinion Summary: This appeal arose from a district court’s decision denying a motion for sanctions and attorney fees against Roy Gilbert’s former attorney, William Mitchell. The underlying litigation giving rise to the sanctions request…

Justia Opinion Summary: Ross Lamm and Leslie Preston each began separate businesses during their marriage. After Lamm filed for divorce from Leslie Preston, they stipulated to a custody and support order for their children, as well as the…

Justia Opinion Summary: This appeal arose from a contempt order entered against Jeff Katseanes (“Jeff”) and an order of disgorgement entered against his attorney, Justin Oleson. As part of a divorce agreement between Judy Katseanes, now Judy…

Justia Opinion Summary: The issue this case presented for the Idaho Supreme Court's review centered on whether the Idaho Constitution protects abortion from the legislature's broad power to enact laws concerning the public’s health, welfare,…