Justia Idaho Supreme Court Opinion Summaries

Petitioner-Appellant Michael Maclay appealed the district court's decision affirming the Idaho Real Estate Commission's Final Order, which revoked his real estate license and assessed him a $5,000 fine. Petitioner allegedly used another person's broker's license to carry on Help-U-Sell List 4 Less Realty, prepared incomplete brokerage representation agreements without either a price provision or a conspicuous beginning and end date, advertised listed properties without a listing broker's licensed business name, used a new brokerage name prior to its approval by the Commission, provided misleading advertising to the public, accepted real estate fees not paid through a broker for the performance of acts requiring a real estate license, engaged in a continued or flagrant course of misrepresentation, failed to account for or remit any funds coming in his possession belonging to a brokerage, engaged in dishonorable dealings and recklessness or gross negligence, and acted as a real estate salesperson without a license. Petitioner challenged the sufficiency of the evidence presented against him, and that the Commission's decision exceeded its authority. Because the Commission's decision was supported by substantial evidence and the other issues were waived, the Supreme Court affirmed the Commission's decision. View "Maclay v. Idaho Real Estate Comm'n" on Justia Law

Burns Holdings, LLC, desired to construct a concrete batch plant in Teton County near the City of Driggs. Burns Holdings applied to the county for a zoning change from C-3 (commercial) to M-1 (light industrial), and the county approved the zoning change on the conditions that Burns Holdings and the county execute a development agreement, that the zoning will revert back to C-3 if the project does not come to fruition, and that Burns Holdings pay the impact area application fee. The city planning and zoning department approved the conditional use permit to increase the height limitation on Burns Holdings’s property to 75 feet. The matter was then sent to the county for its approval. The county scheduled a public hearing. At that hearing, there was confusion as to whether the matter being considered was an appeal from the decision of the city planning and zoning department or a decision for the county to make, and whether the county even had jurisdiction to make the decision because of the terms of an "area of city impact" agreement. The county commissioners ultimately decided that the decision of the city department was merely a recommendation and that the county had the responsibility to decide the CUP application. The CUP was ultimately denied, and Burns Holding appealed. The issue on appeal was the district court's decision that upheld the denial of the conditional use permit. Upon review, the Supreme Court agreed with the district court's conclusion that the zoning requirements could be waived only by variance, not by a conditional use permit. View "Burns Holdings, LLC v. Teton County Board of Commissioners" on Justia Law

Appellants in this case contended that the district court erred when it determined that an unnamed road in their subdivision was public by common law dedication. Appellants are property owners in Division III of the Sawtelle Mountain Subdivision of Fremont County, Idaho. The Sawtelle Subdivision plat was created and recorded in 1994. Although the C-shaped road does not intrude on any lots in the subdivision, the disputed road straddles two lots, one of which belongs to Appellants Joni Kepler-Fleenor and Kistin Fleenor, and the other of which belongs to Blue Sky Management, LLC. According to Appellants, heavy construction traffic heading into and out of the Stonegate Subdivision was bothersome and was damaging the disputed road. The owners of the road lots installed a berm and a gate to block traffic on the disputed road in 2005, but the County removed it in 2009, believing the disputed road to be public. Because the subdivision plat unambiguously dedicated the road, the Supreme Court affirmed the district court's ruling. View "Kepler-Fleenor v. Fremont County " on Justia Law

In 2006, Appellant V. J. Magee sustained a work-related injury causing harm to his lumbar spine and impacting the use of his right leg, leaving him in chronic pain. The Idaho Industrial Commission found that Appellant suffered a compensable industrial accident, that he sustained a ten percent permanent partial impairment to the whole body, and sustained a twenty percent permanent partial disability to the whole body. Magee appealed to the Supreme Court, which affirmed the Commission's 2004 decision. While that appeal was still pending, Appellant filed a second complaint with the Commission, arguing that the Commission's 2004 decision should be modified because of a change in his condition. The Commission held a second hearing, additional evidence was presented, and the Commission issued a final decision, concluding that Appellant failed to prove that a change in condition had occurred. The Commission also found that its earlier 2004 decision did not result in manifest injustice and that the benefit claims, which were previously litigated, were barred by res judicata. Upon review, the Supreme Court concluded that Appellant failed to establish a change in condition, that the 2004 decision did not result in manifest injustice, and that the issues regarding his medical benefits were barred under res judicata. View "Magee v. Thompson Creek Mining Co. " on Justia Law

The constitutionality of "Plan L 87," a legislative redistricting plan adopted by the Commission on Redistricting for reapportionment, was challenged and brought before the Supreme Court. Upon review, the Court found that the Plan complied with the strictures of the Fourteenth Amendment's Equal Protection Clause of the federal constitution. However, the Plan did not comply with Article III, section 5 of the Idaho Constitution in that it did not "divide counties only to the extent that [they] must be divided to comply with the Federal Constitution." Furthermore, the Plan did not "avoid dividing counties whenever possible in violation of Idaho Code section 72-1506(5)." The Court did not order the Commission to adopt any one redistricting plan: "The commission certainly has the discretion to reject plans that have been submitted and draw boundaries in another manner that complies with both Constitutions." The Court directed the commission to reconvene and adopt a revised plan. View "Twin Falls County v. Idaho Commission on Redistricting" on Justia Law

Appellants Ismael Chavez and Dolores Mercado (collectively Chavez) appealed the district court's granting their petition for judicial review, claiming that their original complaint should not have been converted into a petition for judicial review. Canyon County cross-appealed the district court's decision that the flat fee included on the County's notice of pending issue of tax deed was in violation of I.C. 63-1005(4)(d) requiring an itemized statement. In 2009, Chavez filed a class action complaint seeking a declaratory judgment and damages. Chavez alleged that Canyon County had violated a requirement in Idaho Code section 63-1005(4)(d) for an itemized statement of all costs and fees in its notice prior to an issuance of treasurer's tax deeds on two parcels of land they owned. In its Notice of Pending Issue of Tax Deed on the two parcels, the County charged a $500 flat fee for administration costs. In 2010, upon a motion for summary judgment, the district court denied the motion and found Chavez had failed to follow the proper procedures. The court allowed Chavez fourteen days to file the required Petition for Judicial Review. In its review, the Supreme Court held that the district court improperly converted Chavez's declaratory action into a petition for judicial review and was without jurisdiction to rule on the petition for judicial review. Furthermore, the Court declared the notices of pending issue of tax deed to be deficient and void and the corresponding fee was found as moot. View "Chavez v. Canyon County " on Justia Law

Respondent-Appellant Pneumotech, Inc. appealed the Industrial Commission's determination that its former employee, Petitioner-Appellee Angela Hopkins, was eligible for unemployment benefits. Pneumotech hired Petitioner as a bookkeeper and receptionist on July 3, 1995. She worked at Pneumotech until June 22, 2010, when her supervisor fired her. The same month, Petitioner filed a claim for unemployment benefits with the Idaho Department of Labor. At the hearing, Pneumotech presented testimony that Petitioner was discharged because: (1) for two years she had been habitually late for work; (2) she took time off without supervisor permission; (3) she took sick time off but went to the water park instead; (4) she spent time at work playing video games and talking on her cell phone; and (5) she failed to help train a new employee when asked. Petitioner denied all of these accusations, including that her supervisor had repeatedly warned her that her conduct was unacceptable. In fact, the supervisor testified that Petitioner never received a written warning or suspension, and in January 2009, she received a $2-per-hour raise. Upon review, the Supreme Court found that the Commission did not abuse its discretion or violate Pneumotech's right to procedural due process in denying the company's request for a new hearing. Furthermore, substantial and competent evidence supported the Commission's decision to uphold Petitioner's award of unemployment benefits. Accordingly, the Court affirmed. View "Hopkins v. Pneumotech, Inc." on Justia Law

Plaintiff-Appellant Dr. John Noak was dismissed as the medical director for Prison Health Services, Inc. (PHS). He appealed the district court's grant of summary judgment in favor of the Idaho Department of Correction (IDOC) on claims of breach of an implied covenant of good faith, intentional and negligent infliction of emotional distress, defamation, and intentional interference with contract. A 2004 investigation into how Plaintiff treated a female inmate at an IDOC facility lead to IDOC demanding that PHS replace Plaintiff as medical director. Finding no error in the district court's judgment, the Supreme Court affirmed the grant of summary judgment in favor of IDOC. View "Noak v. Dept. of Corrections" on Justia Law

In March 2009, the City of Nampa issued a request for proposals regarding obtaining services to prosecute city misdemeanors and infractions. Former Canyon County prosecuting attorney John Bujak desired to contract with Nampa to perform those services. The Canyon County commissioners unanimously adopted a proposal pursuant to permit him to do so. Plaintiff-Appellant Bob Henry filed three public records requests with the county clerk asking for information regarding the contract with Nampa, including "invoices, etc sent to Nampa by county for prosecuting svc." and "an accounting of where those funds are being deposited + how they are being dispursed [sic] to Canyon County." Upon review, the Supreme Court held that the requested records were public records, but that the City could not be required to produce them because it was not the public official who refused to disclose the records. View "Henry v. Taylor" on Justia Law

The Supreme Court considered this appeal of a district court's decision pertaining to the "Snake River Basin Adjudication" which held: (a) that Pocatello could not use its wells as alternate points of diversion for its surface water rights; (b) that it could use its interconnected wells as alternate points of diversion for all of the associated water rights on the condition that doing so would not change the priority date and quantity of water that could be pumped from each well; (c) that one groundwater right was properly classified as for an irrigation purpose; and (d) that Pocatello failed to establish earlier priority dates for two of its groundwater rights. The City of Pocatello submitted an application to the State for a groundwater right, stating the proposed use was to irrigate crops located outside the city. The State challenged the City's claims of pre-existing rights and water access points upon which it would permit the City to make changes to then-current water rights. Upon careful review of the parties briefs and the applicable legal authority, the Supreme Court found sufficient evidence to support the district court's holding, and affirmed its judgment. View "City of Pocatello v. Idaho " on Justia Law