Westover v. Idaho Counties Risk Mgmt

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Val Westover filed this action seeking a declaration that the existence of the Idaho Counties Risk Management Program (ICRMP) violated Idaho law. This litigation followed an earlier dispute between Westover and Jase Cundick, the Franklin County, Idaho Assessor. That dispute came before the Idaho Supreme Court in which Westover advanced claims for slander of title and intentional interference with existing or potential economic relations and sought writs of mandate and prohibition. After Westover voluntarily dismissed the slander of title and tortious interference claims, the district court denied his requests for extraordinary writs and dismissed the action. Westover appealed and the Supreme Court affirmed the judgment of the district court and declined to award attorney fees to either party. Westover then brought this action, seeking a declaration that ICRMP’s existence and relationship with county governments violates the directive in Idaho Code section 12-117(3) that attorney fees awarded against a state agency or political subdivision “shall be paid from funds in the regular operating budget . . . .” ICRMP moved for summary judgment, contending that Westover lacked standing to pursue his claim. Finding no reversible error, the Supreme Court affirmed dismissal of Westover’s declaratory judgment action. View "Westover v. Idaho Counties Risk Mgmt" on Justia Law