Idaho Supreme Court - Civil Decisions 2023

Midtown Ventures, LLC v. Capone  
Date: December 8, 2023
Docket Number: 49679

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…

Montierth v. Dorssers  
Date: November 29, 2023
Docket Number: 49419

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”),…

Jordan v. Walmart Associates, Inc.  
Date: November 29, 2023
Docket Number: 49452

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…

Martinez v. Carretero  
Date: November 29, 2023
Docket Number: 49859

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…

Pinkham v. Plate, et al.  
Date: November 28, 2023
Docket Number: 48954

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…

Hanks v. City of Boise  
Date: November 28, 2023
Docket Number: 49606

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…

IDHW v. John Doe  
Date: November 3, 2023
Docket Number: 50875

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…

Morley v. IDOL  
Date: November 2, 2023
Docket Number: 49510

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…

D.L. Evans Bank v. Dean  
Date: October 30, 2023
Docket Number: 50134

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,…

IDHW v. Jane Doe / IDHW v. John Doe  
Date: October 27, 2023
Docket Numbers: 50868, 50897

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…

Farms, LLC v. Isom  
Date: October 26, 2023
Docket Number: 49633

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…

Cook v. Van Orden  
Date: October 26, 2023
Docket Number: 50143

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…

Tidwell, et al. v. Blaine County, et al.  
Date: October 4, 2023
Docket Number: 48799

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…

Fickenwirth v. Lanning  
Date: October 3, 2023
Docket Number: 49488

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…

Grace at Fairview Lakes, LLC v. IDHW  
Date: September 22, 2023
Docket Number: 49852

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…

Bracken v. City of Ketchum  
Date: September 15, 2023
Docket Number: 48721

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…

Smith v. Excel Fabrication, LLC  
Date: September 15, 2023
Docket Number: 48900

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…

Christmann v. State Farm Mutual Automobile Insurance Co.  
Date: September 15, 2023
Docket Number: 49299

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…

Sullivan v. BitterSweet Ranch, LLC  
Date: September 15, 2023
Docket Number: 49354

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…

International Rescue Committee v. Mohammed  
Date: September 12, 2023
Docket Number: 49678

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…

Shake Out, LLC v. Clearwater Construction, LLC  
Date: September 8, 2023
Docket Number: 49637

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…

Stiffler v. Hydroblend, Inc.  
Date: September 8, 2023
Docket Number: 49933

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…

NW Neighborhood Assoc v. City of Boise  
Date: September 7, 2023
Docket Number: 49179

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…

Rich v. Hepworth Holzer  
Date: September 6, 2023
Docket Number: 49300

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…

McCreery v. King, M.D., et al.  
Date: September 6, 2023
Docket Number: 49385

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…

Dorsey v. Dorsey  
Date: August 30, 2023
Docket Numbers: 49342, 49417

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…

Sankey v. Ivey  
Date: August 30, 2023
Docket Number: 49592

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…

Abell v. Abell  
Date: August 22, 2023
Docket Number: 49772

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…

Bronco Elite Arts & Athletics, LLC v. 106 Garden City, LLC  
Date: August 18, 2023
Docket Numbers: 49094, 49523

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”),…

Idahoans for Open Primaries v. Labrador
Date: August 16, 2023
Docket Number: 50940
Watkins v. City of Ponderay  
Date: August 15, 2023
Docket Number: 49704

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…

Day v. Idaho Transportation Department  
Date: August 14, 2023
Docket Number: 48898

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…

Idahoans for Open Primaries v. Labrador  
Date: August 10, 2023
Docket Number: 50940

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”…

Edmonson v. Finco  
Date: August 4, 2023
Docket Number: 49795

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…

Lowell v. Human Dynamics & Diagnostics, PLLC  
Date: August 3, 2023
Docket Number: 49196

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…

Bradbury v. City of Lewiston  
Date: July 10, 2023
Docket Number: 49667

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…

Darrow v. White  
Date: June 27, 2023
Docket Number: 49189

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…

Arreola v. Scentsy, Inc.  
Date: June 23, 2023
Docket Number: 49511

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…

Houston v. Houston  
Date: June 23, 2023
Docket Number: 49572

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.”…

Herndon v. City of Sandpoint  
Date: June 22, 2023
Docket Number: 48975

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…

Wright v. Parish  
Date: June 15, 2023
Docket Number: 49605

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…

Alcala v. Verbruggen Palletizing Solutions, Inc.  
Date: June 14, 2023
Docket Numbers: 49473, 49474

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…

Eagle Rock Timber, Inc. v. Teton County  
Date: June 13, 2023
Docket Number: 49373

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…

Reese v. City of Blackfoot  
Date: June 13, 2023
Docket Number: 49590

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…

Wood v. ITD  
Date: June 9, 2023
Docket Number: 49298

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…

Pottenger v. Charlton  
Date: June 8, 2023
Docket Number: 50107

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…

Dickenson v. Benewah County  
Date: June 7, 2023
Docket Number: 49694

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”).…

Bagby v. Davis  
Date: May 22, 2023
Docket Number: 49136

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…

Idaho Power Company v. Idaho State Tax Commission  
Date: May 17, 2023
Docket Number: 49126

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…

Geringer Capital v. Taunton Properties, LLC  
Date: May 17, 2023
Docket Numbers: 49184, 49522

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…

Burns Concrete, Inc. v. Teton County  
Date: May 12, 2023
Docket Number: 49463

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…

Mattson v. IDHW  
Date: May 4, 2023
Docket Number: 49187

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”),…

Plasse v. Reid  
Date: May 2, 2023
Docket Number: 50208

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…

Demoney-Hendrickson v. Larsen  
Date: March 30, 2023
Docket Number: 49108

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…

Riverton Citizens Group v. Bingham County Commissioners  
Date: March 28, 2023
Docket Number: 48743

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…

Terrell v. Paradis de Golf Holding, LLC  
Date: March 24, 2023
Docket Number: 48570

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…

Nordgaarden v. Kiebert  
Date: March 24, 2023
Docket Number: 48919

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.…

Greenbriar Estates Homeowners' Association, Inc. v. Esposito  
Date: March 22, 2023
Docket Number: 48922

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…

BrunoBuilt, Inc. v. Erstad Architects, PA  
Date: March 21, 2023
Docket Number: 49175

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…

Richardson v. Blaine County  
Date: March 20, 2023
Docket Number: 49343

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…

Owens v. Ada County Board of Commissioners  
Date: March 15, 2023
Docket Number: 49537

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”…

Brunobuilt, Inc. v. Briggs Engineering, Inc.  
Date: March 7, 2023
Docket Number: 49176

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…

Whitham v. Creamer  
Date: March 2, 2023
Docket Number: 48876

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…

Bass v. Esslinger  
Date: March 2, 2023
Docket Number: 49240

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…

IDHW v. Jane Doe (2022-36)  
Date: March 2, 2023
Docket Number: 50023

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…

IDHW v. John Doe (2022-32)  
Date: March 1, 2023
Docket Number: 49971

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…

O'Holleran v. O'Holleran  
Date: February 28, 2023
Docket Number: 48981

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…

Beebe v. North Idaho Day Surgery, LLC  
Date: February 28, 2023
Docket Number: 49137

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…

Treasure Valley Home Solutions, LLC v. Chason  
Date: February 14, 2023
Docket Number: 49231

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…

616 Inc. v. Mae Properties, LLC  
Date: February 8, 2023
Docket Number: 49190

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,…

Gilbert v. Radnovich  
Date: February 2, 2023
Docket Number: 49139

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…

Easterling v. Hal Pacific Properties, L.P.
Date: January 25, 2023
Docket Number: 47919
In Re: Idaho State Bar Resolution 21-01
Date: January 20, 2023
Docket Number: 50356
Lamm v. Preston  
Date: January 9, 2023
Docket Number: 49188

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…

Katseanes v. Katseanes  
Date: January 6, 2023
Docket Number: 48705

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…

Planned Parenthood Great Northwest, et al. v. Idaho  
Date: January 5, 2023
Docket Numbers: 49615, 49817, 49899

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,…

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