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. May 9, 2008 – Tamara L. O’Connor v. Harger Construction, Inc. – Breach of contract
  2. May 7, 2008 – William H. Brewer v. Washington RSA No. 8 – Co-tenants right to lease property
  3. May 7, 2008 – Michael Watkins v. Arnold Peacock – Property easement
  4. May 7, 2008 – Deon Anderson v. Rex Hayes Family Trust – Boundary dispute
  5. May 7, 2008 – Kenneth Cole v. Gladys Esquibel – Auto accident - personal injury SUBSTITUTE – Opinion of 3/27/08 Withdrawn
  6. May 7, 2008 – Vickie Hansen v. City of Pocatello – Complaint against the City alleging negligence
  7. May 2, 2008 – Beco Construction v. J-U-B Engineers – Construction contract dispute
  8. May 2, 2008 – Marilou N. Winn v. Wayne Campbell – Slip and fall
  9. May 2, 2008 – Donald Harger v. Teton Springs Golf and V&R Investments – Breach of contract
  10. May 2, 2008 – Tom Hale v. Remax Realty – Chapter 13 bankruptcy
  11. May 1, 2008 – Obendorf and Gray v. Terra Hug and J.R. Simplot – Crop loss
  12. April 25, 2008 – Lonnie G. Partout v. Ron Harper and Adams County Real Estate – Contract and tort claims against VA appointed appraiser
  13. April 25, 2008 – Autumn Youngblood v. Jessie Higbee, Big O Tires, Dennis claunch Tires, Inc. – Negligence action SUBSTITUTE - Opinion of 2/19/08 Withdrawn
  14. April 18, 2008 – Bonner County v. Kootenai Hospital District – In the matter of the hospitalization of Daniel W.
  15. April 9, 2008 – Jane Doe v. State of Idaho, Dept. of Health & Welfare – Termination of parental rights
  16. 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
  17. April 2, 2008 – Hei v. Holzer, Joint School District No. 391 – Negligent supervision claim against the school district
  18. April 1, 2008 – C Systems, Inc. v. Richard McGhee and Imbris, Inc. – Alleged unlawful diversion of assets
  19. March 31, 2008 – Arreguin v. Farmers Insurance Company of Idaho- Unpaid claim on homeowners insurance policy SUBSTITUTE - Opinion of 1/31/08 Withdrawn
  20. March 28, 2008 – Mihalka v. Shepherd – Appeal from an award of costs and attorney fees
  21. March 28, 2008 – Charles Oliver Losser v. Shauna Rae Bradstreet – Recovery of attorney fees
  22. March 28, 2008 – Norma J. Stafford v. Idaho Dept. of Health & Welfare – Denial of application for Medicaid benefits
  23. March 27, 2008 – Kenneth Cole v. Gladys Esquibel – Auto accident - personal injury WITHDRAWN
  24. March 27, 2008 – Bahnmiller v. Bahnmiller – Partition of real property
  25. March 27, 2008 – Brian Jorgensen dba Medicine Man Pharmacy v. C. Michael Coppedge – Breach of a covenant not to compete
  26. 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
  27. March 6, 2008 – Larry Spencer v. Kootenai County – Site Disturbance permit
  28. February 29, 2008 – Giltner, Inc. v. Idaho Dept. of Commerce and Labor – Unemployment insurance
  29. February 19, 2008 – Joseph E. Benninger v. Thomas E. Derifield – Easement rights
  30. February 19, 2008 – Autumn Youngblood v. Jessie Higbee, Big O Tires, Dennis Claunch Tires, Inc. – Negligence action WITHDRAWN 4/25/08
  31. February 19, 2008 – Ada County Highway Dist. v. Total Success Investments, LLC – Highway acquisition
  32. February 19, 2008 – City of Pocatello v. State of Idaho, U.S.A., The Shoshone-Bannock Tribes – Federal water rights
  33. February 19, 2008 – Stuart Mackay v. Four Rivers Packing Co. – Breach of oral contract – employment
  34. February 15, 2008 – Kathleen Barmore v. Joseph Perrone – Property dispute
  35. February 15, 2008 – Cody Baccus v. Ameripride Services, Inc.- Slip and fall
  36. February 15, 2008 – Cheryl Ann Stevens-McAtee v. Potlach Corp.- Worker’s Compensation
  37. February 15, 2008 – Joe Costa v. Nelson Borges – Joint venture
  38. February 15, 2008 – John/Jane Doe II v. John/Jane Doe III - Child custody
  39. February 13, 2008 – Kirby Hall v. Farmers Alliance Mutual Insurance Co. – Personal property damage insurance claim
  40. January 31, 2008 – Page v. McCain Foods, Inc. – Industrial Commission decision on a workers’ compensation claim
  41. January 31, 2008 – Arreguin V. Farmers Insurance Company of Idaho- unpaid claim on homeowners insurance policy WITHDRAWN 3/31/08
  42. January 30, 2008 – Bybee V. Isaac – Breachof non-compete agreement
  43. January 29, 2008 – H. Ray Harrison v. The Board of Professional Discipline – Timely service
  44. January 28, 2008 – Parkside Schools, Inc., v. Bronco Elite Arts & Athletics, LLC. – Lease dispute
  45. January 25, 2008 – Seiniger Law Office v. North Pacific Insurance Co. – Summary judment under the common fund doctrine
  46. January 25, 2008 – Timothy S. Heinz v. Charles B. Bauer – Legal malpractice action
  47. January 25, 2008 – Glenn Koch v. Canyon County – Taxpayers standing to challenge governmental actions - News Release
  48. 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
  49. January 7, 2008 – Commercial Ventures, Inc. v. The Rex M. & Lynn Lea Family Trust, et al – Commercial real estate purchase and sale
  50. January 2, 2008 – Lynn Allan Jenkins, I v. Brett S. Barsalou – Idaho statutes governing redemption
  51. December 27, 2007 – Elizabeth J. McCabe v. Jo-Ann Stores, Inc./Liberty Northwest Insurance – McCabe appeals the Industrial Commission’s decision denying disability rating
  52. December 27, 2007 – Brandon Andrae v. Idaho Counties Risk Management Program Underwriters – Andrae appeals ICRMP’s denial of medical coverage
  53. 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
  54. December 27, 2007 – Doroeto Mike Hernandez v. Triple Ell Transport, Inc./State Insurance Fund/Liberty Northwest – Hernandez appeals denial of medical coverage
  55. December 27, 2007 – Lane Ranch Partnership v. City of Sun Valley – Application for a private road on property zoned OR-1
  56. December 24, 2007 – Frank Lane Foster v. John B. Traul, M.D. – Medical malpractice and lack of informed consent
  57. 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
  58. December 24, 2007 – Katherine P. Higgins v. Larry Miller Subaru – The Industrial Commission denied Higgins unemployment benefits
  59. 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
  60. 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
  61. 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
  62. December 5, 2007 – Christa Ann Horkley v. James H. Horkley – Breach of contract and foreclosure of deed of trust
  63. 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
  64. 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
  65. December 5, 2007 – Andrew Navarro v. Laura Yonkers – Appeal from Magistrate decision granting custody of minor child to Yonkers
  66. 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
  67. November 30, 2007 – State of Idaho v. Jane Doe – Doe appeals the magistrate court order terminating her parental rights to four children
  68. 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
  69. 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
  70. November 27, 2007 – Veronica Glaze and Viola Ralston v. James Deffenbaugh – Appeal from district court’s granting Deffenbaugh’s motion for summary judgment
  71. 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
  72. 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
  73. 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
  74. November 14, 2007 – Catherine R. Garcia v. Albert Leroy Pinkham a/k/a Llewellyn A. Pingree – Involving the granting of a petition for reinterment
  75. 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
  76. 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
  77. October 10, 2007 – Kyle S. Nelson v. Darline Nelson, aka Heath – Appeal from the magistrate judge’s amended custody order and modified visitation schedule
  78. 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
  79. 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
  80. 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
  81. 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
  82. 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
  83. July 2, 2007 – State of Idaho and Casa v. John Doe – Termination of parental rights
  84. 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
  85. 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
  86. 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
  87. 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
  88. 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
  89. 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
  90. May 31, 2007 – Camilla Cafferty v. State of Idaho, Department of Transportation, DMV Services – Dismissal of claims re negligence and wrongful death
  91. 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
  92. 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
  93. 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
  94. May 25, 2007 – State of Idaho, Department of Health and Welfare v. Doe – Termination of parental rights
  95. May 24, 2007 – Cristo Viene Pentecostal Church and Jose N. Pastor v. Jesus A. Paz – Motion for summary judgment re lease with purchace option
  96. 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
  97. May 23, 2007 – Dorea Enterprises, Inc. v. City of Blackfoot – City immunity from damages caused by the City’s sewer system
  98. 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
  99. 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
  100. May 23, 2007 – John Doe v. State of Idaho, Department of Health and Welfare – Terminating parental rights
  101. May 23, 2007 – Arthur Myers v. Qwest and Reliance National Indemnity Company – Worker’s compensation claim re failure to comply with Idaho Code
  102. 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
  103. 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
  104. 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
  105. 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
  106. 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
  107. 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
  108. 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
  109. 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
  110. 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
  111. 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
  112. 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
  113. 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
  114. 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
  115. 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
  116. 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
  117. 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
  118. 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
  119. 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
  120. 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
  121. 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
  122. 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.
  123. 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
  124. 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
  125. 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.
  126. 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
  127. 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
  128. 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
  129. 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.
  130. 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
  131. 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
  132. 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
  133. 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
  134. February 23, 2007 – Sons & Daughters of Idaho, Inc., et al. v. The Idaho Lottery Commission – Petition for judicial review of a bingo license revocation
  135. 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
  136. 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
  137. 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
  138. 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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