The Idaho Supreme Court and Idaho Court of Appeals cited opinions are made available on the Internet as a public service. All cited opinions are posted the day of their release. West Publishing Company publishes all cited opinions in the Pacific Reporter and Idaho Reports volumes. All cited opinions are removed from this site upon release of the published volume.

NOTICE: These opinions are subject to formal revision before publication in the preliminary print of the Pacific Reporter. Readers are requested to notify the Clerk of the Court/Reporter of Decisions, Supreme Court of Idaho, Boise, Idaho, 83720-0101, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

Idaho Supreme Court Opinions - Civil

List of Idaho Supreme Court civil opinions by release date:

1. February 9, 2010 - Villa Highlands, LLC v. Western Community Insurance Co. – Insurance claim
2. February 3, 2010 - Goodman Oil Co. v. Scotty’s Duro-Bilt Generator, Inc. – Breach of contract
3. February 3, 2010 - Potlach Education Association and Doug Richards v. Potlach School District No. 285 – Breach of contract
4. February 1, 2010 - Idaho Dairymen’s Association v. Gooding County – Complaint for declaratory and injunctive relief
5. February 1, 2010 - The Grease Spot, Inc., v. Richard and Sharry Harnes – Appeal for attorney fees incurred during arbitration
6. January 29, 2010 - John N. Bach v. Katherine D. Miller and Alva Harris – Appeal from the district court’s refusal to set aside default & judgment
7. January 28, 2010 - Dr. Eileen Wright v. The Board of Psychological Examiners- Disciplinary proceedings
8. January 28, 2010 - Spokane Structures, Inc. v. Equitable Investment, LLC – Landowner / Builder express contract
9. January 27, 2010 - Brian Jorgensen v. C. Michael Coppedge – Appeal from district court order denying attorney fees in breach of contract case
10. January 15, 2010 - State v. Scott B. Maybee – Tobacco law
11. January 11, 2010 - Rosa Lopez v. Farm Bureau Mutual Insurance Co. of Idaho – Subrogated interest claim
12. December 30, 2009 – Heiss v. Conti – Guardianship of minor children - News Release
13. December 30, 2009 - Triad Leasing & Financial v. Rocky Mountain Rogues, Inc. – Lease-purchase agreement
14. December 29, 2009 - John Doe I and John Doe II and Ronald Morgan v. Boy Scouts of America – Statute of limitations
15. December 1, 2009 - BHC Intermountain Hospital, Inc. v. Ada County – Responsibility for costs
16. November 27, 2009 - Evco Sound & Electronics, Inc. v. Seaboard Surety Co. – Judgment surety liable to subcontractor
17. November 27, 2009 - Alecia A. Shelton and William H. Shelton – Motion to modify child support
18. November 27, 2009 – Wendy Knox and Richard Dotson v. State of Idaho - News Release
19. November 27, 2009 - Farr West Investments v. Topaz Marketing L.P., and Dennis Lower – Appeal from damages award for injury to real property
20. November 27, 2009 - James R. Meyers and Ann T. Meyers v. George Hansen – Securities fraud
21. November 25, 2009 - Urban Renewal Agency –City of Rexburg v. Kenneth W. Hart – Validity of revenue allocation bonds
22. November 25, 2009 - Miriam G. Carroll and David F. Capps v. MBNA America Bank – Collection action
23. November 25, 2009 - Citibank v. Miriam G. Carroll – Collection action
24. October 27, 2009 - Thompson Creek Mining Co. v. Idaho Department of Water Resources – RE: Creation of Water District No. 170
25. October 26, 2009 - Doug Crump v. Ted Bromley – Property damage
26. October 26, 2009 - Evan Edward Morgan, Jr. v. Sexual Offender Classification Board
27. October 26, 2009 - Vaughn Schmechel v. Clinton Dille, M.D. – Claims alleging negligent medical treatment
28. October 20, 2009 - Jane and John Doe I v. John Doe II – Termination of parental rights
29. October 21, 2009 – St. Alphonsus Diversified Care, Inc. v. MRI Associates, LLP – Wrongful dissociation - News Release Rehearing denied 1/12/2010
30. October 20, 2009 - Jane and John Doe I v. John Doe II – Termination of parental rights
31. October 20, 2009 - Jerry Christian v. David Mason – Recovering investment payouts in a Ponzi scheme
32. October 20, 2009 - Jerry Losee v. The Idaho Company – Operating Agreement and Membership Interest Purchase Agreement
33. October 20, 2009 - Arthur W. Michalk v. Wendi Lee Michalk – Child custody
34. October 19, 2009 - Thomas R. Gold v. Lockwood Engineering – Termination of a joint venture
35. October 13, 2009 - Coombs v. Curnow, M.D. – Medical Malpractice;granting JNOV
36. October 9, 2009 - Idaho Department of Health & Welfare v. Doe – Termination of parental rights
37. October 9, 2009 - Troupis v. Summer – Division of proceeds of sale of jointly owned real property
38. October 8, 2009 - Oregon Mutual Insurance Co. v. Farm Bureau Mututal Insurance Co. – Declaratory action; permissive use
39. October 2, 2009 - Dry Creek Partners, LLC v. Ada County Commissioners – Subdivision property development
40. October 2, 2009 - Kootenai Electric Cooperative, Inc. v. The Lamar Corporation – Personal injury
41. October 1, 2009 - Vernon K. Smith, Jr. v. Idaho Department of Labor – Failure to file quarterly UI tax report
42. September 30, 2009 - Nelson / Pehrson v. Big Lost River Irrigation Dist.– Pro rata allocation of conveyance loss to water users
43. September 30, 2009 - Storey Construction, Inc. v. Tom Hanks / Rita Wilson – How res judicata applies in arbitration claims for construction defects Rehearing denied 12/31/2009
44. September 24, 2009 - Kootenai Medical Center v. Idaho Dept. of Health & Welfare – Medicaid reimbursement AMENDED OPINION
45. September 10, 2009 - John H. Bradbury v. Idaho Judicial Council – Residency requirements
46. September 8, 2009 - Larry C. Johnson v. Claudia S. Johnson – Divorce; child custody
47. August 25, 2009 - Jesus Hurtado / J&J Calf Ranch v. Land O’Lakes - Damages
48. August 25, 2009 - City of Boise v. Ada County – Appeal regarding magistrate court facilities
49. August 24, 2009 - Michael L. Chandler v. David Hayden – Lien priority
50. August 24, 2009 - Kootenai Medical Center v. Idaho Dept. of Health & Welfare – Medicaid reimbursement WITHDRAWN 9-24-09
51. August 24, 2009 - Don Aardema v. U.S. Dairy Systems, Inc – Contract
52. August 24, 2009 - Boise Tower Associates, LLC v. Timothy J. Hogland and City of Boise – Building permit
53. August 21, 2009 - Kay Chapman v. Vondel and Becky Chapman – Premises liability
54. August 21, 2009 - Aneka D. Allbright v. Gregory S. Allbright – Divorce; child custody
55. August 21, 2009 - Howard Houston v. John Hunting Whittier – Conflict of laws; Oregon statutes
56. July 21, 2009 - Indian Springs LLC v. Andersen – Foreclosure of Real Estate Property
57. July 16, 2009 - Orrock v. Appleton – Shareholder derivative action
58. July 16, 2009 - Boudreau v. City of Wendell – does I.C. 50-206 establish that city clerks are at-will employees
59. July 15, 2009 - American Pension Services v. Cornerstone Home Builders, LLCl – Breach of Contract Claim
60. July 9, 2009 - Scott Berg, Stacey Berg and Tracey Berg v. Alyssa Kendall – Complaint for relief; bodily injury motor vehicle accident
61. July 9, 2009 - Panike & Sons Farms, Inc. v. Randy and Janine Smith / Four Rivers Packing Co. – Contract dispute
62. July 9, 2009 - Idaho Dept. of H&W v. Jess C. Matey, Chris J. and Pam S. Matey – Reimbursement from Medicaid recipient’s settlement
63. July 7, 2009 - Randy Callies and Tricia Callies v. George P. O’Neal - Seeks payment of real estate commissions
64. July 7, 2009 - Mark Van v. Portneuf Medical Center – Wrongful termination
65. July 7, 2009 - H. Ray Harrison and Julie Anderson v. D. Lee Binnion, M.D. and St. Alphonsus RMC – Negligent credentialing
66. July 7, 2009 - Michael J. Rollins v. Blaine County – Building permits
67. July 7, 2009 - Barry Bradford v. Roche Moving & Storage – Workers compensation
68. July 7, 2009 - Scott Beckstead Real Estate v. City of Preston – Subdivision development
69. June 18, 2009 - Wilma Claire Justad v. Ronald Ward / Phyllis A. Gasser Estate – Option to purchase real property from estate
70. June 16, 2009 - Lawrence Spencer v. Dee Jameson – Foreclosure sales
71. June 16, 2009 - Bradley J. Zenner and Allason M. Zenner v. Lance D. Holcomb and Jennifer K. Holcomb – Construction contract; appealing fee award
72. June 9, 2009 - Kirby Vickers and Cheryl Vickers v. Canyon County Bd. Of Commissioners – Land use
73. June 9, 2009 - Chris M. Dunagan v. Kelly A. Dunagan – Marital dissolution action
74. June 8, 2009 - Stacy A. Gibson v. Ada County Sheriff’s Office and Idaho State Insurance Fund – Denial of claim for worker’s compensation benefits
75. June 5, 2009 - Raymajean Henderson v. Eclipse Traffic Control and Flagging – Claim for unemployment insurance benefits
76. June 3, 2009 - Douglas V. Harris and Sharon K. Harris v. State of Idaho – Action to quiet title; property mineral rights
77. June 1, 2009 - Rex Rammell and Lynda Rammell v. Idaho State Dept. of Agriculture – Violations pertaining to domestic cervidae
78. May 29, 2009 - Dept. of Health & Welfare v. Jane Doe III – Termination of parental rights
79. May 29, 2009 - In the Matter of Termination of Parental Rights – Dept. of Health & Welfare v. John Doe II & Jane Doe I
80. May 29, 2009 - Robert C. Read v. Jennifer Harvey – Boundary line dispute
81. May 29, 2009 - Mike and Verla Bird v. Gary and Linda Bidwell – Seeks determination of an implied easement by prior use
82. May 29, 2009 - Chet Davidson v. State Insurance Fund – Appeal from the determination challenging permanent impairment
83. May 29, 2009 - Herman Mesenbrink v. Larry D. Hosterman - Seeks determination of defined property
84. May 29, 2009 - Kurt J. Dypwick v. Idaho Department of Labor – Denial of claim for unemployment benefits
85. May 12, 2009 - Bob Backman v. James A. Spagon – Right of access, easement claims
86. May 7, 2009 - In the Matter of Termination of the Parent-Child Relationship – Dept. of H&W v. John Doe I
87. May 5, 2009 - Randolph E. Farber v. The Idaho State Insurance Fund – class action lawsuit for damages and injunctive relief SUBSTITUTE
88. May 1, 2009 – Burns Holdings, LLC. V. Madison County – Rezoning application AMENDED 7/9/09
89. May 1, 2009 – Stanley Robert Kraly v. Susan Marie Kraly – Domestic Relations
90. May 1, 2009 – John E. Ewing v. Department of Transportation – Complaint against ITD for workers compensation
91. May 1, 2009 – Betty S. Christensen v. S.L. Start & Associates, INC. – Disability claim
92. April 27, 2009 – Robert Gray v. Tri-Way Construction Services, Inc. – Employment contract dispute
93. April 15, 2009 – Ed Terrazas and Jackie Weseloh v. Blaine County – Subdivision application
94. April 14, 2009 – James Wohrle and Penny Wohrle v. Kootenai County and Jerry Judd v. Kootenai County – Variance applications for decks on waterfront property
95. April 14, 2009 – Patsy Wernecke v. St. Marie’s Joint School Dist. and Idaho Industrial Special Indemnity Fund – Disability claim
96. April 14, 2009 – Robert J. Stoddard v. The Hagadone Corp. and Idaho Industrial Special Indemnity Fund – Disability claim(s)
97. April 8, 2009 – State of Idaho v. John Doe: In the interest of John Doe, a child under 18 years of age – Appeal of an order waiving Doe into adult court; attempted murder
98. April 8, 2009 – Michael Anthony Jones v. B&B Autotransfusion – Medical malpractice and wrongful death SUBSTITUTE
99. April 8, 2009 – Dennis N. Wheeler v. Idaho Dept. of Health and Welfare – License suspension for failure to pay court ordered child support
100. April 7, 2009 – Lochsa Falls, LLC v. State of Idaho, Idaho Transportation Department Board – Complaint against ITD for failure to exhaust administrative remedies
101. April 6, 2009 – Merrie E. Chapman v. NYK Line North America, Inc. – Denial of unemployment benefits
102. April 6, 2009 – Neighbors for Responsible Growth v. Kootenai County – Application to amend Kootenai County Comprehensive Plan regarding designation of rural – residential area
103. April 3, 2009 – Mark Wallace Dixson Irrevocable Trust v. Tammie Sue Dixson – Life insurance policy dispute
104. April 3, 2009 – Kenneth E. Thomson v. Craig Olsen, M.D. – Medical malpractice
105. April 2, 2009 – Brian Armstrong and Glenda Armstrong v. Farmers Insurance Co. of Idaho – Insurance dispute
106. April 2, 2009 – Brenda Borah v. Dana McCandless dba The Great Snake River Log Home Co. – Breach of contract
107. April 2, 2009 – Montgomery v. Montgomery – In the matter of the Estate of James Everett Montgomery, Jr., deceased SUBSTITUTE
108. April 2, 2009 – Black Labrador Investing, LLC v. Kuna City Council and City of Kuna – Application for annexation
109. April 2, 2009 – Idaho Counties Risk Management Program Underwriters v. Northland Insurance Companies – Insurance dispute
110. March 13, 2009 – Tina M. Cherry v. Coregis Insurance Co. – Auto insurance and worker’s compensation claim
111. March 5, 2009 – Michelle Danti v. Edward Danti – Divorce degree / child custody dispute
112. March 5, 2009 – Rebecca Cramer v. Cristin Slater, M.D. and Idaho Center for Reproductive Medicine – Wrongful death claim
113. March 5, 2009 – Blair Grover v. Norma E. Wadsworth – Appeal from the district court’s decision on sale of a parcel of real property
114. March 5, 2009 – William R. Shore v. Rod Peterson – Appeal from the district court’s decision on an action to collect on a promissory note
115. March 5, 2009 – Stephen R. Neel v. Western Construction, Inc. – Industrial Commission workers’ compensation claim
116. March 5, 2009 – Amber Mackowiak v. Seth Harris – Child support order
117. March 5, 2009 – Deane Johnson v. Blaine County and Clear Creek, LLC – Conditional use permit
118. March 5, 2009 – Marvin Erickson v. Idaho Board of Registration of Professional Engineers – On petition for review - alleged violation of Board rules of professional responsibility
119. March 5, 2009 – Randolph E. Farber v. The Idaho State Insurance Fund – Class action lawsuit for damages and injunctive relief WITHDRAWN 5/5/09
120. March 4, 2009 – Stephen Bushi, M.D. v. Sage Health Care, PLLC – Termination of membership
121. March 4, 2009 – Nancy Montgomery v. Mans Montgomery – In the Matter of the Estate of James Everett Montgomery, Jr. WITHDRAWN 4/2/09
122. March 4, 2009 – Todd and Christina Bates v. Steven Paul Seldin, Jr. – Breach of contract, fraud
123. March 4, 2009 – Doe v. Department of Health and Welfare – Termination of parental rights
124. March 4, 2009 – St.Alphonsus Regional Medical Center v. Ada County – Application for medical indigency assistance
125. March 4, 2009 – St. Luke’s Regional Medical Center v. Ada County – Application for medical indigency assistance
126. March 4, 2009 – Jennifer L. Blake v. Delbert L. Starr – Personal injury action
127. February 11, 2009 – Carter v. Zollinger – unlawful detainer action affirmed
128. February 10, 2009 – Jason C. Smith v. State of Idaho AMENDED – Re: VSP designation
129. February 3, 2009 – Goodman Oil v. Scotty’s Duro-Bilt Generator; City of Nampa – Petition for writ of mandate and petition for judicial review
130. January 30, 2009 – Michael Anthony Jones v. Healthsouth Treasure Valley Hospital – Negligence
131. January 30, 2009 – PHH Mortgage Services Corp v. Timothy A. Perreira – Appeal from partial judgment ejecting defendants from real property sold at foreclosure
132. January 30, 2009 – Stan Ray v. Don Frasure – Contract sale of real property
133. January 30, 2009 – Michael Anthony Jones v. B&B Autotransfusion Services – Medical malpractice/wrongful death WITHDRAWN 4/8/09
134. January 30, 2009 –Reed Taylor v. Thomas Maile, IV – Alleged breach of fiduciary duty and professional negligence
135. January 27, 2009 – Rodney Griffith v. Clear Lakes Trout Co., Inc. – Commercial sales contract dispute
136. January 22, 2009 – Damian Farrell v. Kent Whiteman – Suit for recovery of architect services
137. January 22, 2009 – Jesus Herrera v. Pedro Estay, Rock Creek Development SUBSTITUTE – Opinion of 12/4/08 is Withdrawn
138. January 22, 2009 – Ronald Cecil v. Michael Gagnebin – Common boundary dispute
139. January 22, 2009 –City of McCall v. Susan E. Buxton – Breach of contract - News Release
140. January 22, 2009 – Joe C. Waterman v. Nationwide Mutual Insurance Co. – Employment dispute
141. January 22, 2009 – Vernon J. Mortensen v. Dennis Lyle Akers – Easement and tresspass SUBSTITUTE – Opinion of 6/4/08 Withdrawn
142. January 21, 2009 – Kuna Boxing Club, Inc. v. The Idaho Lottery Commission – Suspension of bingo license
143. January 21, 2009 – Saddlehorn Ranch v. Christy B. Dyer – Land ownership dispute
144. January 21, 2009 – Martin Gonzalez v. Shaun Thacker – Personal injury; award of attorney fees
145. December 10, 2008 – The University of Idaho Foundation, Inc. v. Civic Partners, Inc. – Land contract
146. December 8, 2008 – Bauchman-Kingston Partnership v. Melven J. Haroldsen – Real property sale agreement
147. December 4, 2008 – Jesus Herrera v. Pedro Estay, Rock Creek Dev. – Negligence action
148. October 27, 2008 – Douglas L. Porter v. Martha O. Bassett – Property dispute
149. October 23, 2008 – Jerry Mendenhall v. Alan W. Aldous – Breach of contract
150. October 16, 2008 – State of Idaho Department of Health & Welfare v. Jonathon L. Hudelson – Medicaid reimbursement
151. October 16, 2008 – Patrick A. Bartosz v. Julie Jones (Goodman) – Child custody
152. October 16, 2008 – Teton Peaks Investment Co. v. E. Frank Ohme – Boundary dispute
153. October 16, 2008 – Robert Johannsen v. Robert W. Utterbeck – Breach of contract
154. October 16, 2008 – Mary C. Curlee v. Kootenai County Fire & Rescue – Wrongful termination
155. October 15, 2008 – Kyle Athay v. Dale M. Stacey – Complaint to recover damages SUBSTITUTE – Opinion of 6/18/08 Withdrawn
156. September 24, 2008 – Patrick Brian Henry v. The Honorable Ben Ysursa – Petition for Writ of Prohibition
157. September 24, 2008 – Rhino Metals, Inc., v. Howard Craft – Personal jurisdiction
158. September 24, 2008 – J-U-B Engineers, Inc., v. Security Insurance Co. – Legal malpractice and breach of contract
159. September 23, 2008 – Euclid Avenue Trust v. City of Boise – Building permits
160. August 26, 2008 – Randell Waller v. Idaho Dept. of Health & Welfare – State public assistance benefits reimbursement
161. August 26, 2008 – Federated Publications, Inc. v. Idaho Business Review, Inc. – Legal notice printing/publication
162. August 26, 2008 – Debra K. Chavez v. William J. Barrus and First American Title – Quiet title action
163. August 26, 2008 – Mercy Medical Center v. Ada County – Application for medical indigency benefits
164. August 1, 2008 – Idaho Industrial Special Indemnity Fund v. Perry Joe Fowble – Disability claim SUBSTITUTE - Opinion of 6/18/08 Withdrawn
165. July 24, 2008 – Clifford Galli v. Idaho County and N.A. Dagerstrom, Inc. - Public right-of-way
166. July 23, 2008 – Ameritel v. The Pocatello-Chubbuck Auditorium – Declaratory judgment action
167. July 17, 2008 – Dave Todd v. Sullivan Construction, LLC – Tortious interference with prospective economic advantage
168. July 17, 2008 – Jonathan Cantwell v. City of Boise – Wrongful termination
169. July 10, 2008 – Jay Lee v. Charles R. Nickerson – Breach of contract
170. July 1, 2008 – MBNA America Bank, N.A., v. John L. McGoldrick – Arbitration award dispute
171. July 1, 2008 – MBNA America Bank, N.A., v. Michelle Fouche – Arbitration award dispute
172. July 1, 2008 – Berneta DeLuna v. State Farm Fire & Casualty Co. – Duty to defend/indemnify
173. June 30, 2008 – Robert L. Arel v. T&L Ent., Inc., and State Insurance Fund – Workers Compensation Claim
174. June 18, 2008 – Highlands Development v. City of Boise – Zoning classification
175. June 18, 2008 – Idaho Industrial Special Indemnity Fund v. Perry Joe Fowble – Disability claim WITHDRAWN 8/01/2008
176. June 18, 2008 – Kyle Athay v. Dale M. Stacey - Complaint to recover damages WITHDRAWN 10/15/2008
177. June 17, 2008 – M. Dale Beckstead v. Blaine Price – Prescriptive easement
178. June 16, 2008 – St. Alphonsus Regional Medical Center, Inc. v. Ada County Bd. Of Commissioners – Denial of medical indigency benefits
179. June 13, 2008 – Kenneth Dean Schultz v. Rhonda Rae Schultz – Custody order
180. June 12, 2008 – Kyle Reisenauer v. State of Idaho, Department of Transportation – Driver’s license suspension
181. June 12, 2008 – Darrell Eugene McCabe v. Olivia Craven, et al. – Suit for false imprisonment
182. June 11, 2008 – Charles Ruffing v. Ada County Paramedics, et al. – Injury sustained while on duty as firefighter
183. June 9, 2008 – Pieter Deelstra v. Steven Hagler – Breach of contract – Appeal from award of attorney fees
184. June 6, 2008 – Yvonne Jesse v. Ted Lindsley – Suit for landlord liability in accidental injury
185. June 6, 2008 – Christina Allen v. Anne M. Reynolds and State Insurance Fund – Industrial Commission/Workers Compensation Claim
186. June 6, 2008 – Pamela Rae v. John L. Bunce, Jr. – Custody provisions of a divorce decree
187. June 4, 2008 – Excell Construction v. Idaho Dept. of Commerce & Labor – Independent contractor/covered employment dispute
188. June 4, 2008 – Larry G. Andrus v. Scott Nicholson – Easement dispute
189. June 4, 2008 – Mortensen v. Akers/D.L. White v. Akers – Easement and trespass dispute WITHDRAWN – See Substitute Opinion 1/22/2009
190. May 20, 2008 – Edward Lettunich v. Mike Lettunich – Termination of partnership – Appeal from award of attorney fees and consts
191. May 15, 2008 – Esser Electric v. Lost River Ballistics Technologies, Inc. – Breach of an oral contract and unjust enrichment
192. May 9, 2008 – Tamara L. O’Connor v. Harger Construction, Inc. – Breach of contract
193. May 7, 2008 – William H. Brewer v. Washington RSA No. 8 – Co-tenants right to lease property
194. May 7, 2008 – Michael Watkins v. Arnold Peacock – Property easement
195. May 7, 2008 – Deon Anderson v. Rex Hayes Family Trust – Boundary dispute
196. May 7, 2008 – Kenneth Cole v. Gladys Esquibel – Auto accident - personal injury SUBSTITUTE – Opinion of 3/27/08 Withdrawn
197. May 7, 2008 – Vickie Hansen v. City of Pocatello – Complaint against the City alleging negligence
198. May 2, 2008 – Beco Construction v. J-U-B Engineers – Construction contract dispute
199. May 2, 2008 – Marilou N. Winn v. Wayne Campbell – Slip and fall
200. May 2, 2008 – Donald Harger v. Teton Springs Golf and V&R Investments – Breach of contract
201. May 2, 2008 – Tom Hale v. Remax Realty – Chapter 13 bankruptcy
202. May 1, 2008 – Obendorf and Gray v. Terra Hug and J.R. Simplot – Crop loss
203. April 25, 2008 – Lonnie G. Partout v. Ron Harper and Adams County Real Estate – Contract and tort claims against VA appointed appraiser
204. April 25, 2008 – Autumn Youngblood v. Jessie Higbee, Big O Tires, Dennis claunch Tires, Inc. – Negligence action SUBSTITUTE - Opinion of 2/19/08 Withdrawn
205. April 18, 2008 – Bonner County v. Kootenai Hospital District – In the matter of the hospitalization of Daniel W.
206. April 9, 2008 – Jane Doe v. State of Idaho, Dept. of Health & Welfare – Termination of parental rights
207. April 9, 2008 – In the Interest of Jane Doe, I: Jane Doe II v. State of Idaho, Dept. of Health & Welfare – Motion to reinstate parental rights
208. April 2, 2008 – Hei v. Holzer, Joint School District No. 391 – Negligent supervision claim against the school district
209. April 1, 2008 – C Systems, Inc. v. Richard McGhee and Imbris, Inc. – Alleged unlawful diversion of assets
210. March 31, 2008 – Arreguin v. Farmers Insurance Company of Idaho- Unpaid claim on homeowners insurance policy SUBSTITUTE - Opinion of 1/31/08 Withdrawn
211. March 28, 2008 – Mihalka v. Shepherd – Appeal from an award of costs and attorney fees
212. March 28, 2008 – Charles Oliver Losser v. Shauna Rae Bradstreet – Recovery of attorney fees
213. March 28, 2008 – Norma J. Stafford v. Idaho Dept. of Health & Welfare – Denial of application for Medicaid benefits
214. March 27, 2008 – Kenneth Cole v. Gladys Esquibel – Auto accident - personal injury WITHDRAWN
215. March 27, 2008 – Bahnmiller v. Bahnmiller – Partition of real property
216. March 27, 2008 – Brian Jorgensen dba Medicine Man Pharmacy v. C. Michael Coppedge – Breach of a covenant not to compete
217. March 27, 2008 – Giltner Dairy, LLC v. Jerome County, 93 Golf Ranch, LLC – Petition for judicial review of an amendment to the comprehensive plan map
218. March 6, 2008 – Larry Spencer v. Kootenai County – Site Disturbance permit
219. February 29, 2008 – Giltner, Inc. v. Idaho Dept. of Commerce and Labor – Unemployment insurance
220. February 19, 2008 – Joseph E. Benninger v. Thomas E. Derifield – Easement rights
221. February 19, 2008 – Autumn Youngblood v. Jessie Higbee, Big O Tires, Dennis Claunch Tires, Inc. – Negligence action WITHDRAWN 4/25/08
222. February 19, 2008 – Ada County Highway Dist. v. Total Success Investments, LLC – Highway acquisition
223. February 19, 2008 – City of Pocatello v. State of Idaho, U.S.A., The Shoshone-Bannock Tribes – Federal water rights
224. February 19, 2008 – Stuart Mackay v. Four Rivers Packing Co. – Breach of oral contract – employment
225. February 15, 2008 – Kathleen Barmore v. Joseph Perrone – Property dispute
226. February 15, 2008 – Cody Baccus v. Ameripride Services, Inc.- Slip and fall
227. February 15, 2008 – Cheryl Ann Stevens-McAtee v. Potlach Corp.- Worker’s Compensation
228. February 15, 2008 – Joe Costa v. Nelson Borges – Joint venture
229. February 15, 2008 – John/Jane Doe II v. John/Jane Doe III - Child custody
230. February 13, 2008 – Kirby Hall v. Farmers Alliance Mutual Insurance Co. – Personal property damage insurance claim
231. January 31, 2008 – Page v. McCain Foods, Inc. – Industrial Commission decision on a workers’ compensation claim
232. January 31, 2008 – Arreguin V. Farmers Insurance Company of Idaho- unpaid claim on homeowners insurance policy WITHDRAWN 3/31/08
233. January 30, 2008 – Bybee V. Isaac – Breachof non-compete agreement
234. January 29, 2008 – H. Ray Harrison v. The Board of Professional Discipline – Timely service
235. January 28, 2008 – Parkside Schools, Inc., v. Bronco Elite Arts & Athletics, LLC. – Lease dispute
236. January 25, 2008 – Seiniger Law Office v. North Pacific Insurance Co. – Summary judment under the common fund doctrine
237. January 25, 2008 – Timothy S. Heinz v. Charles B. Bauer – Legal malpractice action
238. January 25, 2008 – Glenn Koch v. Canyon County – Taxpayers standing to challenge governmental actions - News Release
239. January 25, 2008 – Safe Air for Everyone v. Idaho State Dept. of Agriculture – Appeal from judgment dismissing a claim that employees violated the Open Meetings Act
240. January 7, 2008 – Commercial Ventures, Inc. v. The Rex M. & Lynn Lea Family Trust, et al – Commercial real estate purchase and sale
241. January 2, 2008 – Lynn Allan Jenkins, I v. Brett S. Barsalou – Idaho statutes governing redemption
242. December 27, 2007 – Elizabeth J. McCabe v. Jo-Ann Stores, Inc./Liberty Northwest Insurance – McCabe appeals the Industrial Commission’s decision denying disability rating
243. December 27, 2007 – Brandon Andrae v. Idaho Counties Risk Management Program Underwriters – Andrae appeals ICRMP’s denial of medical coverage
244. December 27, 2007 – Neighbors for a Healthy Gold Fork v. Valley County/Wildwood Development – Neighbors oppose 88 unit residential planned unit development in Valley County
245. December 27, 2007 – Doroeto Mike Hernandez v. Triple Ell Transport, Inc./State Insurance Fund/Liberty Northwest – Hernandez appeals denial of medical coverage
246. December 27, 2007 – Lane Ranch Partnership v. City of Sun Valley – Application for a private road on property zoned OR-1
247. December 24, 2007 – Frank Lane Foster v. John B. Traul, M.D. – Medical malpractice and lack of informed consent
248. December 24, 2007 – Eugene L. Mason v. State Farm Mutual – Mason’s suit alleges negligence, bad faith, breach of contract and intentional infliction of emotion distress premised on the fact that State Farm refused to pay a portion of medical expenses
249. December 24, 2007 – Katherine P. Higgins v. Larry Miller Subaru – The Industrial Commission denied Higgins unemployment benefits
250. December 24, 2007 – Birdwood Subdivision Homeowners’Association v. Bulotti Construction – Appeal from a summary judgment holding that recorded restrictive covenants not signed by the owner of a platted subdivision, or the owner’s agent, do not bind the subsequent purchaser of a lot in the subdivision
251. December 24, 2007 – Arden Cranney v. Mutual of Enumclaw Insurance – Appeal from the district court’s refusal to modify an arbitration award in motor vehicle accident case
252. December 24, 2007 – Gem State Insurance Company v. Thomas Evon Hutchison – Gem State claims that Hutchison negligently caused a fire on a home contruction site
253. December 5, 2007 – Christa Ann Horkley v. James H. Horkley – Breach of contract and foreclosure of deed of trust
254. December 5, 2007 – BMC West Corporation v. James H. Horkley – Horkley appeals the district court decision granting BMC’s motion for summary judgment in building contract dispute
255. December 5, 2007 – Charles Crowley v. Anne Critchfield – Critchfield appeals the district court decision granting Crowley’s motion for new trial in a car accident personal injury claim
256. December 5, 2007 – Andrew Navarro v. Laura Yonkers – Appeal from Magistrate decision granting custody of minor child to Yonkers
257. November 30, 2007 – Steed v. Grand Teton Council of the Boy Scouts of America, Inc. – Alleged molestation while at camp operated by Grand Teton Council
258. November 30, 2007 – State of Idaho v. Jane Doe – Doe appeals the magistrate court order terminating her parental rights to four children
259. November 30, 2007 –Trilogy Network Systems, Inc. v. David Johnson – Appeal from decision denying damages and attorney fees after prevailing in breach of contract claim
260. November 27, 2007 – Cobi Straub v. Donald R. Smith and Leslie Smith – Appeal from the district court’s denial of an award for attorney fees and costs SUBSTITUTE OPINION
261. November 27, 2007 – Veronica Glaze and Viola Ralston v. James Deffenbaugh – Appeal from district court’s granting Deffenbaugh’s motion for summary judgment
262. November 23, 2007 – Best Hill Coalition v. HALKO, LLC – HALKO appeals district court’s granting of Best Hill’s motion for summary judgment in land development case
263. November 23, 2007 – Ted A. Swanson v. Beco Construction Co., Inc. – Appeal from the granting of summary judgment in an equipment lease agreement and alleged usage of trade
264. November 21, 2007 – Ralph Naylor Farms, LLC v. Latah County, Idaho – Appeal from district court decision denying Naylor Farms an award for attorney fees and costs
265. November 14, 2007 – Catherine R. Garcia v. Albert Leroy Pinkham a/k/a Llewellyn A. Pingree – Involving the granting of a petition for reinterment
266. October 19, 2007 – Doug Cannon v. Kendon H. Perry – Appeal from district court’s granting of summary judgment in favor of Perry in real estate property contract dispute
267. October 11, 2007 – J. Charles Blanton v. Canyon County – Appeal from district court’s dismissal of challenge to property-tax assessments for failure to exhaust administrative remedies
268. October 10, 2007 – Kyle S. Nelson v. Darline Nelson, aka Heath – Appeal from the magistrate judge’s amended custody order and modified visitation schedule
269. July 31, 2007 – Maria E. Garcia v. Jay Windley – Appeal from the district court’s denial, in part, of summary judgment on the issue of mitigation; and use of an alleged erroneous jury instruction
270. July 31, 2007 – Vanessa Lynn Cordova v. Bonneville County Joint School Dist. No. 93 – This case asks the Court to determine whether a school qualifies as a category two statutory employer and whether the summary judgment order based on statutory immunity can be affirmed on the alternate ground that the injured party was a borrowed employee
271. July 31, 2007 – Cobi Straub v. Donald R. Smith and Leslie Smith – Defendants appeal from the district court’s order denying attorney fees and costs WITHDRAWN
272. July 30, 2007 – Joey Pierce v. School District #21and State Insurance Fund – Appeal from Industrial Commission’s decision denying a worker’s compensation claim against the school district
273. July 13, 2007 – The Vanderford Company, Inc. v. Richard I. Greif – Suit brought to recover loan funds and foreclose on properties owned by Greif / The Pines Townhomes, LLC
274. July 2, 2007 – State of Idaho and Casa v. John Doe – Termination of parental rights
275. June 29, 2007 – Howard R. Foley v. Jamie R. Grigg – Appeal from district court’s decision assigning annuity payment re structured settlement in wrongful death claim
276. June 27, 2007 – Frank L. Chapin v. Robert M. Linden, Jr. – Appeal from district court’s order granting summary judgment to Linden in a dispute over an alleged contract to convey property
277. June 27, 2007 – Vondean Renee Karel v. State of Idaho Department of Finance – Appeal from the district court decision resulting in the suspension of securities agent license
278. June 27, 2007 – Teresa Louise Griffin v. Mark L. Anderson - Appeal from the district court’s entry of judgment quieting title in favor of Griffin
279. June 27, 2007 – Super Grade, Inc. v. Idaho Department of Commerce and Labor – Appeal from Industrial Commission’s decision re partial transfer of experience rating account and assuming joint liability for unpaid unemployment inusrance taxes
280. June 27, 2007 – Krystal D. Downey , et al. v. The Morris and Dixie Vavold Family Trust – Appeal of the district court’s determination that plaintiffs failed to prove boundary by agreement
281. May 31, 2007 – Camilla Cafferty v. State of Idaho, Department of Transportation, DMV Services – Dismissal of claims re negligence and wrongful death
282. May 29, 2007 – Dennis Thompson v. Robert Ebbert and Elise Ebbert – Summary judgment finding that an attempted lease of a garage was void based on lack of authority
283. May 29, 2007 – Fenwick, et al. v. Idaho Department of Lands, et al. – Activities conducted on state public endowment land did not have to comply with the county zoning ordinance
284. May 25, 2007 – State of Idaho v. Rick Yzaguirre, Chairman, Ada County Board of County Commissioners, et al. – Scope of "litigation exception" to the open meeting law under I.C. Section 67-2345(1)(f) – the statute has since been amended
285. May 25, 2007 – State of Idaho, Department of Health and Welfare v. Doe – Termination of parental rights
286. May 24, 2007 – Cristo Viene Pentecostal Church and Jose N. Pastor v. Jesus A. Paz – Motion for summary judgment re lease with purchace option
287. May 24, 2007 –Trent L. Clark v. The Spokesman-Review, Cowles Publishing Co, et al. -Defamation claim and false light invasion of privacy tort claim - News Release
288. May 23, 2007 – Dorea Enterprises, Inc. v. City of Blackfoot – City immunity from damages caused by the City’s sewer system
289. May 23, 2007 – Gail S. Ater v. Idaho Bureau of Occupational Licenses, et al. – Disciplinary proceedings - allegedl violation of certain provisions of the American Counseling Association Code of Ethics
290. May 23, 2007 – Lane Ranch Partnership v. City of Sun Valley, Idaho – Summary judgment and affirmation on judicial review of denial re zoning and subdividing
291. May 23, 2007 – John Doe v. State of Idaho, Department of Health and Welfare – Terminating parental rights
292. May 23, 2007 – Arthur Myers v. Qwest and Reliance National Indemnity Company – Worker’s compensation claim re failure to comply with Idaho Code
293. May 9, 2007 – Mother Doe, et al. v. The City of Elk River – Summary judgment re City of Elk River re claim of attractive nuisance
294. May 4, 2007 – Cowles Publishing Co. v. Idaho Counties Risk Management Program Underwriters, et al. – Access to public records and district court’s permanent protective order sealing settlement agreement - News Release
295. May 3, 2007 – Lana Campbell v. Michael E. Reagan – Judgment dismissing action for failure to timely serve a summons and complaint and failure to show good cause for timely service
296. May 3, 2007 – William Shane McKinley v. Guaranty National Insurance Company – Personal injury judgment exceeding policy limits and subsequent claims of bad faith in handling injury claim, breach of contract ,and intentional infliction of emotional distress
297. May 1, 2007 – Baird Oil Company, Inc. v. The Idaho State Tax Commission – District court ruling finding Baird’s claim against Idaho State Tax Commission barred pursuant to the doctrine of res judicata – THE COURT’S PRIOR OPINION DATED MAY 1, 2007, IS HEREBY AMENDED
298. May 1, 2007 – Charles W. Steiner v. Carol Gilbert, et al. – Entry of Stipulated Judgment following quiet title action and subsequent allegation of contempt against successor in interest alleging interference with easement granted under Stipulated Judgment
299. May 1, 2007 – P.O. Ventures, Inc. v. The Loucks Family Irrevocable Trust, et al. – District court grant of summary judgment to P.O. Ventures re specific performance of land sale contract
300. May 1, 2007 – Baird Oil Company, Inc. v. The Idaho State Tax Commission – District court ruling finding Baird’s claim against Idaho State Tax Commission barred pursuant to the doctrine of res judicata - AMENDED
301. May 1, 2007 – Travis and Cynthia Kiebert v. Earlyn and Violet Quirin – District court grant of summary judgment re quiet title to real property located in Bonner County, Idaho
302. April 27, 2007 – Tammie McDaniel, et al. v. Inland Northwest Renal Care Group-Idaho, LLC – Medical malpractice suit re physical injuries suffered as an alleged result of dialysis treatment
303. April 27, 2007 – Duane Watson v. David Watson – Specific performance of an alleged oral agreement between two siblings to purchase real property owned as tenants in common
304. April 27, 2007 – Robert L. Wilhelm v. Steve P. Frampton – Permissive appeal from decision re statute of limitations on an action to recover allegedly excessive fee charged by an attorney
305. April 27, 2007 – Marcia T. Turner, LLC v. City of Twin Falls – Denial of request for a special use permit to construct a television transmission tower
306. April 11, 2007 – Anissa Stout v. Key Training Corporation – Whether I.C. section 67-5908(3) or section 12-120(3) allows an award of attorney fees to an employee bringing successful employment discrimination claim under the Idaho Human Rights Act
307. April 3, 2007 – Helga Withers v. Bogus Basin Recreational Assoc., Inc. – Interpretation and application of Idaho Code §§6-1101-Ski Area Liability Act arising from an accident suffered by Withers
308. March 30, 2007 – Crown Point Development , Inc. v. City of Sun Valley – Denial of preliminary plat review and design review applications and whether error occurred by augmentation of record
309. March 29, 2007 – Jim and Rose Rouse v. Household Finance Corporation, et al. – Grant of summary judgment to Household Finance Corporation re breach of insurance contract and negligence
310. March 29, 2007 – John Bach v. Katherine Miller – Action to quiet title to same property and subsequent appeal of district court order granting restitution to Bach pursuant to I.C. section 6-414
311. March 29, 2007 – Kevin Nation, et al. v. State of Idaho, Department of Correction, et al. – Orders granting summary judgment re federal civil rights claims and state law claims
312. March 29, 2007 – Idaho State Police v. Real Property Situated in the County of Cassia – Denial of motion to set aside default judgment granting forfeiture of home under I.C. section 37-2744A
313. March 28, 2007 – Steve Fritts, et al. v. Liddle & Moeller Construction, Inc., et al. – Dispute arising during construction of custom built home and suit for damages and removal of lien, etc.
314. March 28, 2007 – Mary Jo Stolle v. Christine Bennett – Denial of worker’s compensation benefits arising from a slip and fall on ice while stepping out of a limousine as the limousine’s driver
315. March 28, 2007 – Sirius LC v. Bryce H. Erickson, et al. – Enforceability of promissory note and ability to recover upon the note by foreclosing on real estate mortgage securing the note
316. March 28, 2007 – Paula Puckett v. Joseph Verska, M.D. – Medical malpractice litigation re rulings on motion to reconsider, a jury instruction, motion in limine, motion for new trial, etc.
317. March 28, 2007 – In the Matter of the Universe Life Insurance Company, in Liquidation / Grain Growers Membership v. Liquidator – Summary judgment award construing policy provisions
318. March 28, 2007 – Jennie Ramos v. Gordon Dixon, D.O., et al. – Judgment in medical malpractice case entered after grant of summary judgment on grounds that opinion of expert was inadmissible
319. March 28, 2007 – Jennifer L. Cox v. The Hollow Leg Pub and Brewery, et al. – Industrial Commission order determining recipient of unemployment benefits had willfully underreported weekly income
320. March 21, 2007 – Ticor Title Company v. Richard W. Stanion, II – District court grant of summary judgment and whether escrow agent for title company is prevented from bringing claim against the bankrupt on grounds of res judicata, etc.
321. March 19, 2007 – Christopher Hopper v. Suzanne Hopper – Custodial rights of father - compromised by the criminal act of the mother in taking the child from Idaho and the misconduct of the mother in making a false domestic violence claim
322. March 9, 2007 – In Re SRBA Case No. 39576 (Subcase 91-63) / Gene F. Bray, et al. v. Pioneer Irrigation District, et al. – Water right claims for irrigation storage and other storage rights from Arrowrock Dam and Reservoir, Lucky Peak Dam and Reservoir, and Anderson Ranch Dam and Reservoir
323. March 9, 2007 – In Re SRBA Case No. 39576 (Subcase 91-63) / United States of America v. Pioneer Irrigation District, et al. – Water rights case re ownership interests of the United States and various irrigation entities
324. February 23, 2007 – John C. Wichterman v. J. H. Kelly, Inc., et al. – Denial of worker’s compensation claim arising from two incidents of exposure to hazardous substances
325. February 23, 2007 – Sons & Daughters of Idaho, Inc., et al. v. The Idaho Lottery Commission – Petition for judicial review of a bingo license revocation
326. February 21, 2007 – Idaho State Tax Commission v. I R Trucking, et al. – Appeal of judgment authorizing Tax Commission to sell vehicles titled in name of IR Trucking to pay tax debt of Richard and Iva Henderson
327. February 9, 2007 – Lu Ranching Co. v. United States of America – Claim to instream water rights on federal rangeland and determining the priorty dates of those water rights
328. February 9, 2007 – Joyce Livestock Company v. United States of America – Claim to instream water rights on federal rangeland, determining priority dates of water rights, and rejecting claim United States also has instream water rights - News Release
329. November 28, 2006 – J.R. Simplot Company v. Clair D. Bosen and Viola Bosen – Judgment holding an individual personally liable on contract to obtain goods and services for LLC

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