sccivil

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:

June 18, 2009 - Wilma Claire Justad v. Ronald Ward / Phyllis A. Gasser Estate – Option to purchase real property from estate
June 16, 2009 - Lawrence Spencer v. Dee Jameson – Foreclosure sales
June 16, 2009 - Bradley J. Zenner and Allason M. Zenner v. Lance D. Holcomb and Jennifer K. Holcomb – Construction contract; appealing fee award
June 9, 2009 - Kirby Vickers and Cheryl Vickers v. Canyon County Bd. Of Commissioners – Land use
June 9, 2009 - Chris M. Dunagan v. Kelly A. Dunagan – Marital dissolution action
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
June 5, 2009 - Raymajean Henderson v. Eclipse Traffic Control and Flagging – Claim for unemployment insurance benefits
June 3, 2009 - Douglas V. Harris and Sharon K. Harris v. State of Idaho – Action to quiet title; property mineral rights
June 1, 2009 - Rex Rammell and Lynda Rammell v. Idaho State Dept. of Agriculture – Violations pertaining to domestic cervidae
May 29, 2009 - Dept. of Health & Welfare v. Jane Doe III – Termination of parental rights
May 29, 2009 - In the Matter of Termination of Parental Rights – Dept. of Health & Welfare v. John Doe II & Jane Doe I
May 29, 2009 - Robert C. Read v. Jennifer Harvey – Boundary line dispute
May 29, 2009 - Mike and Verla Bird v. Gary and Linda Bidwell – Seeks determination of an implied easement by prior use
May 29, 2009 - Chet Davidson v. State Insurance Fund – Appeal from the determination challenging permanent impairment
May 29, 2009 - Herman Mesenbrink v. Larry D. Hosterman - Seeks determination of defined property
May 29, 2009 - Kurt J. Dypwick v. Idaho Department of Labor – Denial of claim for unemployment benefits
May 12, 2009 - Bob Backman v. James A. Spagon – Right of access, easement claims
May 7, 2009 - In the Matter of Termination of the Parent-Child Relationship – Dept. of H&W v. John Doe I
May 5, 2009 - Randolph E. Farber v. The Idaho State Insurance Fund – class action lawsuit for damages and injunctive relief SUBSTITUTE
May 1, 2009 – Burns Holdings, LLC. V. Madison County – Rezoning application
May 1, 2009 – Stanley Robert Kraly v. Susan Marie Kraly – Domestic Relations
May 1, 2009 – John E. Ewing v. Department of Transportation – Complaint against ITD for workers compensation
May 1, 2009 – Betty S. Christensen v. S.L. Start & Associates, INC. – Disability claim
April 27, 2009 – Robert Gray v. Tri-Way Construction Services, Inc. – Employment contract dispute
April 15, 2009 – Ed Terrazas and Jackie Weseloh v. Blaine County – Subdivision application
April 14, 2009 – James Wohrle and Penny Wohrle v. Kootenai County and Jerry Judd v. Kootenai County – Variance applications for decks on waterfront property
April 14, 2009 – Patsy Wernecke v. St. Marie’s Joint School Dist. and Idaho Industrial Special Indemnity Fund – Disability claim
April 14, 2009 – Robert J. Stoddard v. The Hagadone Corp. and Idaho Industrial Special Indemnity Fund – Disability claim(s)
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
April 8, 2009 – Michael Anthony Jones v. B&B Autotransfusion – Medical malpractice and wrongful death SUBSTITUTE
April 8, 2009 – Dennis N. Wheeler v. Idaho Dept. of Health and Welfare – License suspension for failure to pay court ordered child support
April 7, 2009 – Lochsa Falls, LLC v. State of Idaho, Idaho Transportation Department Board – Complaint against ITD for failure to exhaust administrative remedies
April 6, 2009 – Merrie E. Chapman v. NYK Line North America, Inc. – Denial of unemployment benefits
April 6, 2009 – Neighbors for Responsible Growth v. Kootenai County – Application to amend Kootenai County Comprehensive Plan regarding designation of rural – residential area
April 3, 2009 – Mark Wallace Dixson Irrevocable Trust v. Tammie Sue Dixson – Life insurance policy dispute
April 3, 2009 – Kenneth E. Thomson v. Craig Olsen, M.D. – Medical malpractice
April 2, 2009 – Brian Armstrong and Glenda Armstrong v. Farmers Insurance Co. of Idaho – Insurance dispute
April 2, 2009 – Brenda Borah v. Dana McCandless dba The Great Snake River Log Home Co. – Breach of contract
April 2, 2009 – Montgomery v. Montgomery – In the matter of the Estate of James Everett Montgomery, Jr., deceased SUBSTITUTE
April 2, 2009 – Black Labrador Investing, LLC v. Kuna City Council and City of Kuna – Application for annexation
April 2, 2009 – Idaho Counties Risk Management Program Underwriters v. Northland Insurance Companies – Insurance dispute
March 13, 2009 – Tina M. Cherry v. Coregis Insurance Co. – Auto insurance and worker’s compensation claim
March 5, 2009 – Michelle Danti v. Edward Danti – Divorce degree / child custody dispute
March 5, 2009 – Rebecca Cramer v. Cristin Slater, M.D. and Idaho Center for Reproductive Medicine – Wrongful death claim
March 5, 2009 – Blair Grover v. Norma E. Wadsworth – Appeal from the district court’s decision on sale of a parcel of real property
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
March 5, 2009 – Stephen R. Neel v. Western Construction, Inc. – Industrial Commission workers’ compensation claim
March 5, 2009 – Amber Mackowiak v. Seth Harris – Child support order
March 5, 2009 – Deane Johnson v. Blaine County and Clear Creek, LLC – Conditional use permit
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
March 5, 2009 – Randolph E. Farber v. The Idaho State Insurance Fund – Class action lawsuit for damages and injunctive relief WITHDRAWN 5/5/09
March 4, 2009 – Stephen Bushi, M.D. v. Sage Health Care, PLLC – Termination of membership
March 4, 2009 – Nancy Montgomery v. Mans Montgomery – In the Matter of the Estate of James Everett Montgomery, Jr. WITHDRAWN 4/2/09
March 4, 2009 – Todd and Christina Bates v. Steven Paul Seldin, Jr. – Breach of contract, fraud
March 4, 2009 – Doe v. Department of Health and Welfare – Termination of parental rights
March 4, 2009 – St.Alphonsus Regional Medical Center v. Ada County – Application for medical indigency assistance
March 4, 2009 – St. Luke’s Regional Medical Center v. Ada County – Application for medical indigency assistance
March 4, 2009 – Jennifer L. Blake v. Delbert L. Starr – Personal injury action
February 11, 2009 – Carter v. Zollinger – unlawful detainer action affirmed
February 10, 2009 – Jason C. Smith v. State of Idaho AMENDED – Re: VSP designation
February 3, 2009 – Goodman Oil v. Scotty’s Duro-Bilt Generator; City of Nampa – Petition for writ of mandate and petition for judicial review
January 30, 2009 – Michael Anthony Jones v. Healthsouth Treasure Valley Hospital – Negligence
January 30, 2009 – PHH Mortgage Services Corp v. Timothy A. Perreira – Appeal from partial judgment ejecting defendants from real property sold at foreclosure
January 30, 2009 – Stan Ray v. Don Frasure – Contract sale of real property
January 30, 2009 – Michael Anthony Jones v. B&B Autotransfusion Services – Medical malpractice/wrongful death WITHDRAWN 4/8/09
January 30, 2009 –Reed Taylor v. Thomas Maile, IV – Alleged breach of fiduciary duty and professional negligence
January 27, 2009 – Rodney Griffith v. Clear Lakes Trout Co., Inc. – Commercial sales contract dispute
January 22, 2009 – Damian Farrell v. Kent Whiteman – Suit for recovery of architect services
January 22, 2009 – Jesus Herrera v. Pedro Estay, Rock Creek Development SUBSTITUTE – Opinion of 12/4/08 is Withdrawn
January 22, 2009 – Ronald Cecil v. Michael Gagnebin – Common boundary dispute
January 22, 2009 –City of McCall v. Susan E. Buxton – Breach of contract - News Release
January 22, 2009 – Joe C. Waterman v. Nationwide Mutual Insurance Co. – Employment dispute
January 22, 2009 – Vernon J. Mortensen v. Dennis Lyle Akers – Easement and tresspass SUBSTITUTE – Opinion of 6/4/08 Withdrawn
January 21, 2009 – Kuna Boxing Club, Inc. v. The Idaho Lottery Commission – Suspension of bingo license
January 21, 2009 – Saddlehorn Ranch v. Christy B. Dyer – Land ownership dispute
January 21, 2009 – Martin Gonzalez v. Shaun Thacker – Personal injury; award of attorney fees
December 10, 2008 – The University of Idaho Foundation, Inc. v. Civic Partners, Inc. – Land contract
December 8, 2008 – Bauchman-Kingston Partnership v. Melven J. Haroldsen – Real property sale agreement
December 4, 2008 – Jesus Herrera v. Pedro Estay, Rock Creek Dev. – Negligence action
October 27, 2008 – Douglas L. Porter v. Martha O. Bassett – Property dispute
October 23, 2008 – Jerry Mendenhall v. Alan W. Aldous – Breach of contract
October 16, 2008 – State of Idaho Department of Health & Welfare v. Jonathon L. Hudelson – Medicaid reimbursement
October 16, 2008 – Patrick A. Bartosz v. Julie Jones (Goodman) – Child custody
October 16, 2008 – Teton Peaks Investment Co. v. E. Frank Ohme – Boundary dispute
October 16, 2008 – Robert Johannsen v. Robert W. Utterbeck – Breach of contract
October 16, 2008 – Mary C. Curlee v. Kootenai County Fire & Rescue – Wrongful termination
October 15, 2008 – Kyle Athay v. Dale M. Stacey – Complaint to recover damages SUBSTITUTE – Opinion of 6/18/08 Withdrawn
September 24, 2008 – Patrick Brian Henry v. The Honorable Ben Ysursa – Petition for Writ of Prohibition
September 24, 2008 – Rhino Metals, Inc., v. Howard Craft – Personal jurisdiction
September 24, 2008 – J-U-B Engineers, Inc., v. Security Insurance Co. – Legal malpractice and breach of contract
September 23, 2008 – Euclid Avenue Trust v. City of Boise – Building permits
August 26, 2008 – Randell Waller v. Idaho Dept. of Health & Welfare – State public assistance benefits reimbursement
August 26, 2008 – Federated Publications, Inc. v. Idaho Business Review, Inc. – Legal notice printing/publication
August 26, 2008 – Debra K. Chavez v. William J. Barrus and First American Title – Quiet title action
August 26, 2008 – Mercy Medical Center v. Ada County – Application for medical indigency benefits
August 1, 2008 – Idaho Industrial Special Indemnity Fund v. Perry Joe Fowble – Disability claim SUBSTITUTE - Opinion of 6/18/08 Withdrawn
July 24, 2008 – Clifford Galli v. Idaho County and N.A. Dagerstrom, Inc. - Public right-of-way
July 23, 2008 – Ameritel v. The Pocatello-Chubbuck Auditorium – Declaratory judgment action
July 17, 2008 – Dave Todd v. Sullivan Construction, LLC – Tortious interference with prospective economic advantage
July 17, 2008 – Jonathan Cantwell v. City of Boise – Wrongful termination
July 10, 2008 – Jay Lee v. Charles R. Nickerson – Breach of contract
July 1, 2008 – MBNA America Bank, N.A., v. John L. McGoldrick – Arbitration award dispute
July 1, 2008 – MBNA America Bank, N.A., v. Michelle Fouche – Arbitration award dispute
July 1, 2008 – Berneta DeLuna v. State Farm Fire & Casualty Co. – Duty to defend/indemnify
June 30, 2008 – Robert L. Arel v. T&L Ent., Inc., and State Insurance Fund – Workers Compensation Claim
June 18, 2008 – Highlands Development v. City of Boise – Zoning classification
June 18, 2008 – Idaho Industrial Special Indemnity Fund v. Perry Joe Fowble – Disability claim WITHDRAWN 8/01/2008
June 18, 2008 – Kyle Athay v. Dale M. Stacey - Complaint to recover damages WITHDRAWN 10/15/2008
June 17, 2008 – M. Dale Beckstead v. Blaine Price – Prescriptive easement
June 16, 2008 – St. Alphonsus Regional Medical Center, Inc. v. Ada County Bd. Of Commissioners – Denial of medical indigency benefits
June 13, 2008 – Kenneth Dean Schultz v. Rhonda Rae Schultz – Custody order
June 12, 2008 – Kyle Reisenauer v. State of Idaho, Department of Transportation – Driver’s license suspension
June 12, 2008 – Darrell Eugene McCabe v. Olivia Craven, et al. – Suit for false imprisonment
June 11, 2008 – Charles Ruffing v. Ada County Paramedics, et al. – Injury sustained while on duty as firefighter
June 9, 2008 – Pieter Deelstra v. Steven Hagler – Breach of contract – Appeal from award of attorney fees
June 6, 2008 – Yvonne Jesse v. Ted Lindsley – Suit for landlord liability in accidental injury
June 6, 2008 – Christina Allen v. Anne M. Reynolds and State Insurance Fund – Industrial Commission/Workers Compensation Claim
June 6, 2008 – Pamela Rae v. John L. Bunce, Jr. – Custody provisions of a divorce decree
June 4, 2008 – Excell Construction v. Idaho Dept. of Commerce & Labor – Independent contractor/covered employment dispute
June 4, 2008 – Larry G. Andrus v. Scott Nicholson – Easement dispute
June 4, 2008 – Mortensen v. Akers/D.L. White v. Akers – Easement and trespass dispute WITHDRAWN – See Substitute Opinion 1/22/2009
May 20, 2008 – Edward Lettunich v. Mike Lettunich – Termination of partnership – Appeal from award of attorney fees and consts
May 15, 2008 – Esser Electric v. Lost River Ballistics Technologies, Inc. – Breach of an oral contract and unjust enrichment
May 9, 2008 – Tamara L. O’Connor v. Harger Construction, Inc. – Breach of contract
May 7, 2008 – William H. Brewer v. Washington RSA No. 8 – Co-tenants right to lease property
May 7, 2008 – Michael Watkins v. Arnold Peacock – Property easement
May 7, 2008 – Deon Anderson v. Rex Hayes Family Trust – Boundary dispute
May 7, 2008 – Kenneth Cole v. Gladys Esquibel – Auto accident - personal injury SUBSTITUTE – Opinion of 3/27/08 Withdrawn
May 7, 2008 – Vickie Hansen v. City of Pocatello – Complaint against the City alleging negligence
May 2, 2008 – Beco Construction v. J-U-B Engineers – Construction contract dispute
May 2, 2008 – Marilou N. Winn v. Wayne Campbell – Slip and fall
May 2, 2008 – Donald Harger v. Teton Springs Golf and V&R Investments – Breach of contract
May 2, 2008 – Tom Hale v. Remax Realty – Chapter 13 bankruptcy
May 1, 2008 – Obendorf and Gray v. Terra Hug and J.R. Simplot – Crop loss
April 25, 2008 – Lonnie G. Partout v. Ron Harper and Adams County Real Estate – Contract and tort claims against VA appointed appraiser
April 25, 2008 – Autumn Youngblood v. Jessie Higbee, Big O Tires, Dennis claunch Tires, Inc. – Negligence action SUBSTITUTE - Opinion of 2/19/08 Withdrawn
April 18, 2008 – Bonner County v. Kootenai Hospital District – In the matter of the hospitalization of Daniel W.
April 9, 2008 – Jane Doe v. State of Idaho, Dept. of Health & Welfare – Termination of parental rights
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
April 2, 2008 – Hei v. Holzer, Joint School District No. 391 – Negligent supervision claim against the school district
April 1, 2008 – C Systems, Inc. v. Richard McGhee and Imbris, Inc. – Alleged unlawful diversion of assets
March 31, 2008 – Arreguin v. Farmers Insurance Company of Idaho- Unpaid claim on homeowners insurance policy SUBSTITUTE - Opinion of 1/31/08 Withdrawn
March 28, 2008 – Mihalka v. Shepherd – Appeal from an award of costs and attorney fees
March 28, 2008 – Charles Oliver Losser v. Shauna Rae Bradstreet – Recovery of attorney fees
March 28, 2008 – Norma J. Stafford v. Idaho Dept. of Health & Welfare – Denial of application for Medicaid benefits
March 27, 2008 – Kenneth Cole v. Gladys Esquibel – Auto accident - personal injury WITHDRAWN
March 27, 2008 – Bahnmiller v. Bahnmiller – Partition of real property
March 27, 2008 – Brian Jorgensen dba Medicine Man Pharmacy v. C. Michael Coppedge – Breach of a covenant not to compete
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
March 6, 2008 – Larry Spencer v. Kootenai County – Site Disturbance permit
February 29, 2008 – Giltner, Inc. v. Idaho Dept. of Commerce and Labor – Unemployment insurance
February 19, 2008 – Joseph E. Benninger v. Thomas E. Derifield – Easement rights
February 19, 2008 – Autumn Youngblood v. Jessie Higbee, Big O Tires, Dennis Claunch Tires, Inc. – Negligence action WITHDRAWN 4/25/08
February 19, 2008 – Ada County Highway Dist. v. Total Success Investments, LLC – Highway acquisition
February 19, 2008 – City of Pocatello v. State of Idaho, U.S.A., The Shoshone-Bannock Tribes – Federal water rights
February 19, 2008 – Stuart Mackay v. Four Rivers Packing Co. – Breach of oral contract – employment
February 15, 2008 – Kathleen Barmore v. Joseph Perrone – Property dispute
February 15, 2008 – Cody Baccus v. Ameripride Services, Inc.- Slip and fall
February 15, 2008 – Cheryl Ann Stevens-McAtee v. Potlach Corp.- Worker’s Compensation
February 15, 2008 – Joe Costa v. Nelson Borges – Joint venture
February 15, 2008 – John/Jane Doe II v. John/Jane Doe III - Child custody
February 13, 2008 – Kirby Hall v. Farmers Alliance Mutual Insurance Co. – Personal property damage insurance claim
January 31, 2008 – Page v. McCain Foods, Inc. – Industrial Commission decision on a workers’ compensation claim
January 31, 2008 – Arreguin V. Farmers Insurance Company of Idaho- unpaid claim on homeowners insurance policy WITHDRAWN 3/31/08
January 30, 2008 – Bybee V. Isaac – Breachof non-compete agreement
January 29, 2008 – H. Ray Harrison v. The Board of Professional Discipline – Timely service
January 28, 2008 – Parkside Schools, Inc., v. Bronco Elite Arts & Athletics, LLC. – Lease dispute
January 25, 2008 – Seiniger Law Office v. North Pacific Insurance Co. – Summary judment under the common fund doctrine
January 25, 2008 – Timothy S. Heinz v. Charles B. Bauer – Legal malpractice action
January 25, 2008 – Glenn Koch v. Canyon County – Taxpayers standing to challenge governmental actions - News Release
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
January 7, 2008 – Commercial Ventures, Inc. v. The Rex M. & Lynn Lea Family Trust, et al – Commercial real estate purchase and sale
January 2, 2008 – Lynn Allan Jenkins, I v. Brett S. Barsalou – Idaho statutes governing redemption
December 27, 2007 – Elizabeth J. McCabe v. Jo-Ann Stores, Inc./Liberty Northwest Insurance – McCabe appeals the Industrial Commission’s decision denying disability rating
December 27, 2007 – Brandon Andrae v. Idaho Counties Risk Management Program Underwriters – Andrae appeals ICRMP’s denial of medical coverage
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
December 27, 2007 – Doroeto Mike Hernandez v. Triple Ell Transport, Inc./State Insurance Fund/Liberty Northwest – Hernandez appeals denial of medical coverage
December 27, 2007 – Lane Ranch Partnership v. City of Sun Valley – Application for a private road on property zoned OR-1
December 24, 2007 – Frank Lane Foster v. John B. Traul, M.D. – Medical malpractice and lack of informed consent
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
December 24, 2007 – Katherine P. Higgins v. Larry Miller Subaru – The Industrial Commission denied Higgins unemployment benefits
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
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
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
December 5, 2007 – Christa Ann Horkley v. James H. Horkley – Breach of contract and foreclosure of deed of trust
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
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
December 5, 2007 – Andrew Navarro v. Laura Yonkers – Appeal from Magistrate decision granting custody of minor child to Yonkers
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
November 30, 2007 – State of Idaho v. Jane Doe – Doe appeals the magistrate court order terminating her parental rights to four children
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
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
November 27, 2007 – Veronica Glaze and Viola Ralston v. James Deffenbaugh – Appeal from district court’s granting Deffenbaugh’s motion for summary judgment
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
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
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
November 14, 2007 – Catherine R. Garcia v. Albert Leroy Pinkham a/k/a Llewellyn A. Pingree – Involving the granting of a petition for reinterment
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
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
October 10, 2007 – Kyle S. Nelson v. Darline Nelson, aka Heath – Appeal from the magistrate judge’s amended custody order and modified visitation schedule
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
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
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
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
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
July 2, 2007 – State of Idaho and Casa v. John Doe – Termination of parental rights
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
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
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
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
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
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
May 31, 2007 – Camilla Cafferty v. State of Idaho, Department of Transportation, DMV Services – Dismissal of claims re negligence and wrongful death
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
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
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
May 25, 2007 – State of Idaho, Department of Health and Welfare v. Doe – Termination of parental rights
May 24, 2007 – Cristo Viene Pentecostal Church and Jose N. Pastor v. Jesus A. Paz – Motion for summary judgment re lease with purchace option
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
May 23, 2007 – Dorea Enterprises, Inc. v. City of Blackfoot – City immunity from damages caused by the City’s sewer system
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
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
May 23, 2007 – John Doe v. State of Idaho, Department of Health and Welfare – Terminating parental rights
May 23, 2007 – Arthur Myers v. Qwest and Reliance National Indemnity Company – Worker’s compensation claim re failure to comply with Idaho Code
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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.
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
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
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
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.
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
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
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
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
February 23, 2007 – Sons & Daughters of Idaho, Inc., et al. v. The Idaho Lottery Commission – Petition for judicial review of a bingo license revocation
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
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
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
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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