Big Wood Ranch v. Water Users’ Assn. of the Broadford Slough & Rockwell Bypass Lateral Ditches, Inc.

The issue this case presented for the Supreme Court's review stemmed from attempts by the Water Users’ Association of the Broadford Slough and Rockwell Bypass Lateral Ditches, Inc. (Association) to collect assessments from Big Wood Ranch, LLC (BWR) for maintenance performed by the Association on the Broadford Slough (Slough) and Rockwell Bypass (Bypass), which were conduits for the delivery of surface water to property owned by BWR and some of its neighbors. The Association claimed it has a statutory right to collect assessments for its maintenance of this water delivery system. BWR disputed that claim. On summary judgment, the district court determined that the Association was validly formed pursuant to Idaho Code section 42-1301, and, after a bench trial, found BWR owed payment for these outstanding assessments. BWR appealed, challenging the validity of the Association’s formation under the statute, as well as the court’s alternative contract and equity-based theories for granting judgment in favor of the Association. Upon review, the Supreme Court found: (1) the Association was not qualified to operate pursuant to Idaho Code section 42-1301; (2)the district court erred by alternatively granting judgment to the Association on unpled contract and equity-based theories; and (3) BWR was entitled to attorney fees and costs on appeal. View "Big Wood Ranch v. Water Users' Assn. of the Broadford Slough & Rockwell Bypass Lateral Ditches, Inc." on Justia Law