PUBLISHED OPINIONS

  • Eagle Creek Irrigation Company v. A.C. & C.E. Investments, 165 Idaho 467 (2019) (shares in irrigation company found to be not appurtenant to land)
  • In re Old Cutters, Inc., 2014 WL 1319824 (D. Idaho, March 31, 2014) (District Court upheld the Bankruptcy Court’s ruling that, under Idaho law, a city may not charge a developer an annexation fee that exceeds the developer’s equitable share of the costs to be incurred by the city in annexing the property).
  • Weisel v. Beaver Springs Owners Association, Inc., 152 Idaho 519 (2012) (Court held that a property owner was not entitled to rescind or reform a previously entered into development plan between the owner and the homeowners’ association).
  • First American Title Company v. Chandler 147 Idaho 765, 215 P.3d 485 (2009) (title insurer of deed of trust sought to enforce indemnity agreement under which lienholder had agreed to release lien)
  • Blaine County v. Rollins 147 Idaho 729, 215 P.3d 1096 (2009) (landowner failed to apply for a site alteration permit and thus failed to exhaust his administrative remedies)
  • Thompson v. Ebbert, 144 Idaho 315, 160 P.3d 754 (2007) (Court invalidated 50 year lease of a garage space on grounds that the lease violated the condominium association’s master declaration, which provided that no part of the condominium could be separated from any other part during the period of ownership).
  • Point of Rocks Ranch, L.L.C. v. Sun Valley Title Ins. Co., 143 Idaho 411, 146 P.3d 677 (2006) (LLC not entitled to recover under the terms of a policy of title insurance where they discovered an undisclosed encumbrance after they had conveyed the real property to another)
  • Turner v. Cold Springs Canyon LP, 143 Idaho 227, 141 p.3d 1096 (2006) (permanent easement over neighbor’s property confirmed by Court with a finding that the location could not be moved by the servient landowner).
  • Hughes v. Fisher, LLC, et al., 142 Idaho 474, 129 P.3d 1223 (2006) (neighbor had implied permission to use path for access to ski slope and, therefore, acquired no prescriptive easement over it)
  • Bakker v. Thunder Spring, 141 Idaho 185, 108 P.3d 332 (2005) (condition in employment contract requiring employment on the escrow closing date for commission payment did not violate Idaho public policy under the Wage Claim Act)
  • Hawkes, et al. v. Sun Valley Land & Minerals, 138 Idaho 543, 66 P3d 798 (2003) (lot buyers had no interest in putative common area outside boundary of their respective lots in failed subdivision)
  • D.A.R. v. Sheffer, 134 Idaho 141, 997 P.2d 602 (2000) (collateral estoppel or res judicata in partnership accounting)
  • Robbins v. Blaine County, 134 Idaho 113, 996 P.2d 813 (2000) (determination of number of separate parcels of land in large tract)
  • Karteman v. Jameson, 132 Idaho 910, 980 P.2d 574 (1999) (specific performance unavailable if agreement contemplates more definitive contract)
  • Sun Valley Hot Springs Ranches v. Kelsey, 131 Idaho 657, 962 P.2d 1041 (1998) (bank which executed release of single lot in mortgage tract retained security interest in remainder of tract free of common area and access rights)
  • Enright v. Jonassen, 129 Idaho 694, 931 P.2d 1212 (1997) (real estate licensee’s duty of due care based on statewide standard)
  • Ketchum v. Sinclair Oil Corporation, 123 Idaho 665, 851 P.2d 961(1993) (local option tax applies to lift ticket sales)
  • Security Pacific Bank of Idaho, F.S.B. v. Curtis, 123 Idaho 320, 847 P.2d 1181 (1993) (judgment debtor’s failure to designate judgment creditor as respondent left judgment creditor as a nonparty to appeal)
  • Sun Valley Land & Minerals, Inc. v. Burt, 123 Idaho 862, 853 P.2d 607 (1993) (BFP status extended by adoption of “shelter rule.”)
  • Black v. Young, 122 Idaho 302, 834 P.2d 304 (1992) (conditions on alley vacation were ultra vires)
  • Badell v. Badell, 122 Idaho 442, 835 P.2d 677 (1992) (affirming trial court’s determination that provision of marriage settlement contract entitled husband to receive refund of estimated taxes that had been paid by husband)
  • Express Publishing v. Ketchum, 114 Idaho 114, 753 P.2d 1260 (1988) (term “published” within statutory meaning did not mean area of circulation)
  • Evans v. Sawtooth Partners, 111 Idaho 381, 723 P.2d 925 (1986) (testimony by offerer regarding unaccepted offer to purchase is admissible evidence limiting decision in Oregon Washington Railroad & Navigation Co. v. Campbell, 34 Idaho 601, 202 P. 1065 (1921).
  • Investors Limited of Sun Valley v. Sun Mountain Condominiums Phase I, Inc. Homeowners Association, 106 Idaho 855, 683 P.2d 891 (1984) (application of Idaho Condominium Property Act to unbuilt units)
  • Loomis Construction v. Cudahy, 104 Idaho 106, 656 P.2d 1359 (1982) (District Court may vacate arbitration award in14 construction contract only on statutory grounds)