Justia Idaho Supreme Court Opinion Summaries

This appeal stems from an arbitration decision regarding Peggy Cedillo's underinsured motorist insurance policy with Farmers Insurance Company of Idaho, and damages for injuries she suffered in a motorcycle accident. After the arbitrator issued his final award, Farmers provided the arbitrator evidence that Farmers had already paid Cedillo the total amount of remaining damages. The arbitrator adjusted the award by subtracting Farmers' payment from the prejudgment interest Farmers owed Cedillo. The district court confirmed the arbitrator's amended award and awarded Cedillo attorney fees. On appeal, Farmers argued the district court should have modified the award because the arbitrator miscalculated prejudgment interest by applying Farmers' payment to the interest award. Farmers also argued numerous grounds that Cedillo was not entitled to attorney fees. Finding no reversible error, the Supreme Court affirmed. View "Cedillo v. Farmers Insurance Co of Idaho" on Justia Law

A jury found Azad Haji Abdullah guilty of first-degree murder, first-degree arson, three counts of attempted first-degree murder, and felony injury to a child. The case proceeded to sentencing and the jury found two aggravating circumstances. The jury also found that all the mitigating circumstances when weighed against each aggravating circumstance individually were not sufficiently compelling to make the death penalty unjust. The district court subsequently entered judgments of conviction and sentenced Abdullah to death for first-degree murder and to a total of eighty years imprisonment for the remaining five convictions. Abdullah sought post-conviction relief. After an evidentiary hearing, the district court dismissed Abdullah’s petition for post-conviction relief in its entirety. Abdullah appealed to the Supreme Court. Finding no reversible error, the Supreme Court affirmed the convictions, the sentences, and the order denying post-conviction relief. View "Georgia v. Abdullah" on Justia Law

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

In 2011, Corey Thiel was charged with felony domestic battery. Pursuant to a plea agreement, Thiel pled guilty to an amended charge of misdemeanor domestic battery and was placed on supervised probation. Approximately one week after entry of this guilty plea, Thiel was charged with a misdemeanor violation of a no-contact order for an incident that occurred while the battery charge was pending. Thiel pled guilty to violating the no-contact order, and the magistrate court imposed suspended jail time and two years of unsupervised probation, while crediting time served. Under the terms of his probation, Thiel was required to comply with the terms of supervised probation established in the underlying battery case. Less than two months thereafter, on May 2, 2012, the State moved for the court to issue a bench warrant for Thiel’s arrest based on probation violations. At a hearing on the State’s motion, Thiel admitted the violations. The court reinstated Thiel on probation. Approximately four months thereafter, the State moved for a second set of probation violations, alleging that Thiel failed to maintain contact with his assigned probation officer and also failed to provide documentation that he had completed the required domestic violence treatment. At a hearing on the State’s motion, Thiel admitted the violations. The court revoked Thiel’s probation and imposed his original sentence of 356 days, with a credit of 67 days. Fifty-five days before his sentence was to end, the Ada County Sheriff’s Office submitted a letter to the magistrate court recommending that Thiel be granted early release. The magistrate court denied the Sheriff’s request. The issue this case presented for the Supreme Court's review was one of statutory interpretation: Idaho Code section 20-621 authorizes commutation of county jail sentences for good behavior, making county inmates with good records while incarcerated eligible for five (5) days off for each and every month of their sentence. A prisoner’s eligibility, however, was conditioned upon receiving a recommendation from the supervising county sheriff. The primary issue presented here was whether the statute vested the magistrate court with the discretion to reject a recommendation from a sheriff. The Supreme Court affirmed the district court's conclusion that the statute vested no discretion with the magistrate judge. View "Idaho v. Thiel" on Justia Law

LuAnn Shubert fell and injured her lower back while working at a Macy’s store. She appealed the Idaho Industrial Commission’s order holding that she was: (1) medically stable on November 21, 2007; (2) not entitled to medical benefits beyond that date; (3) not entitled to temporary disability benefits; (4) entitled to a permanent partial impairment rating of 5% of the whole person; and (5) entitled to a 10% permanent partial disability rating. Shubert argued that she was entitled to ongoing medical care, temporary disability benefits, and total permanent disability benefits over 10%. Macy’s West (Macy’s) and Liberty Insurance Corporation argued that Shubert was rearguing the facts. Finding no reversible error in the Commission's decision, the Idaho Supreme Court affirmed. View "Shubert v. Macy's West, Inc." on Justia Law

The City of Hayden provided sewer service to the residents living in the City and to some persons living outside the City. To do so, the City entered into a joint powers agreement with the Hayden Area Regional Sewer Board, which operated a regional wastewater treatment plant serving the City and two other local entities. The City charged each customer it serves a bi-monthly fee, which covered a proportionate share of the operation and maintenance of the City's sewer collection system and of the operation and maintenance costs associated with the regional wastewater treatment facility. In addition to the bi-monthly fee, the City charged a one-time "sewer capitalization fee" for each new structure, whether residential or commercial, and for any addition to an existing commercial structure that would result in an increase in the volume of sewage generated. The capitalization fee was charged when a building permit is issued. In March 2006, the City contracted with an engineering company to update the City's sewer master plan. The engineering company submitted a capital improvement plan in which it recommended forty projects that would cost about $20 million in order to replace existing infrastructure and to construct new infrastructure so that the sewer system would reach the entire area of city impact and accommodate anticipated future population growth. In order to finance the project, the engineering company recommended that the part of the capitalization fee retained by the City be increased from $735 for one equivalent residence ("ER") to $2,280 for one ER. In 2010, the North Idaho Building Contractors Association filed suit to have the fee declared unlawful because it was an impermissible tax rather than a fee for services. The district court held that it was lawful and entered a judgment dismissing the complaint. The City requested an award of attorney fees, which the court denied. The Contractors Association appealed the dismissal of its complaint, and the City cross-appealed the denial of an award of attorney fees. Because there was nothing in the record showing that as of June 7, 2007, the sum of $2,280 was the actual cost of providing sewer service to a customer connecting to the City sewer system and there was no showing that the amount of the fee was based upon any such calculation, the fee was not authorized by Idaho Code section 63-1311(1). The Supreme Court concluded the district court erred in holding that it was. View "No. Idaho Bldg Contractors Assoc. v. City of Hayden" on Justia Law

Sarah Chitwood was friends with Marjorie Ellmaker. In 2003, Chitwood contacted an attorney to draft a durable power of attorney, naming Ellmaker as her attorney-in-fact. She later had the attorney draft a will. At that time, Chitwood was 85 years old and a widow with no living children. She executed the will, which left a cake plate and glass horse to a married couple who were her friends, her cats to another friend, and the remainder of her estate to Ellmaker. In 2005, Chitwood wanted to sell part of the real property she owned in McCall. She was introduced to Calvin Tabor, a member in A1 Real Estate, LLC which was in the business of flipping houses and buying land to resell. He found a group of investors willing to purchase Chitwood's property. Chitwood entered into a written real estate contract to sell her property to "A1 REAL ESTATE LLC AND/OR AS ASSIGNED." An addendum to the real estate contract stated that Chitwood would finance $227,000 of the purchase price by two promissory notes from A1 Real Estate, LLC, one for $150,000 and the other for $77,000. The addendum also stated that the notes would be secured by A1 Real Estate, LLC and that upon default liens could be placed on the assets of that company. The original note listed "A1 Real Estate LLC" as the borrower, and Tabor signed it "as member of A1 Real Estate." Chitwood died in 2007. The attorney who had drafted her will prepared two affidavits of "Non-Probate" for Ellmaker to sign. In one affidavit, Ellmaker averred that Chitwood died leaving a last will and testament; that Ellmaker was the sole heir; that all of Chitwood's debts, the expenses of her last illness, her funeral expenses, and the applicable estate and inheritance taxes had been fully paid; that upon her death Chitwood owned real property, which was described; and that the affidavit was made for the purpose of transferring the real property to Ellmaker. Ellmaker recorded that affidavit. In the other affidavit, Ellmaker averred that Chitwood had died; that she left a will which was not probated; that Ellmaker was the sole heir; that all of Chitwood's debts, the expenses of her last illness, her funeral expenses, and the applicable estate and inheritance taxes had been fully paid; and that the affidavit was made for the purpose of transferring Chitwood's interest in the real estate contract with A1 Real Estate LLC, the promissory note dated May 9, 2005, and "the Agreement dated 2007" to Ellmaker. Ellmaker recorded this affidavit too. Then in 2010, Ellmaker filed this action against Tabor and A1 Real Estate LLC. alleging that Tabor breached an oral contract to pay the note and that all defendants breached the implied covenant of good faith and fair dealing, failed to pay the promissory note when due, and had been unjustly enriched. Tabor moved for summary judgment on the ground that he signed the promissory note as a member of A1 Real Estate, LLC and that he was not personally liable on the notes and did not guarantee payment of the note. On the same date, he filed a motion to dismiss on the ground that Ellmaker lacked standing to bring this action because the estate of Chitwood had not been probated, no personal representative had been appointed, and the three-year statute of limitations for instituting probate proceedings had expired. The district court granted the motion to dismiss and the motion for summary judgment. The court refused to admit Chitwood's will into evidence and therefore held that Ellmaker had no legal basis for enforcing the promissory note. The court also granted Tabor's motion for summary judgment on all of the claims asserted against him. Ellmaker appealed. Finding no reversible error in the district court's judgment, the Supreme Court affirmed. View "Ellmaker v. Calvin Tabor" on Justia Law

In 2010, Duane Mueller filed this action against Carolyn Hill, Kevin Thompson, Philomena Keys, and Northwest Shelter Systems, LLC (a company owned by Kevin Thompson and Philomena Keys), to recover damages for trespass after construction debris landed on his property from his neighbor Kevin Thompson's adjoining property. Kevin Thompson had caused cap rock to be installed on the portion of a driveway that was adjacent to the common boundary, replaced an existing culvert, and added a rock catch basin in order to address the problem of water runoff flowing onto the Mueller property. In an attempt to return the Mueller property to its pre-2008 condition, he also hired a company to remove material that had been dumped onto the Mueller property when building a roadway in 2008. In March 2013, the matter was tried to the district court without a jury, and it awarded Mr. Mueller damages for trespass plus court costs and attorney fees. The Defendants then timely appealed. After review, the Supreme Court affirmed the judgment except for $1,000 of the damages awarded, and remanded the case for the entry of an amended judgment. View "Mueller v. Hill" on Justia Law

The Board of Tax Appeals' (the BTA) denied appellant Jayo Development, Inc.'s application for a business inventory property tax exemption. In 2012, Jayo Development applied for a property tax exemption pursuant to Idaho Code section 63-602W(4), claiming that the property qualified as site improvements held by a land developer. The Ada County Board of Equalization (the BOE) denied the application. Subsequently, the BTA and the district court both affirmed the denial. On appeal, Jayo Development argued: (1) that the plain language of the statute entitled it to the exemption;, (2) that the district court erred in relying on IDAPA 35.01.03.620 in denying Jayo Development the tax exemption; and (3) that the 2013 amendment of Idaho Code section 63-602W(4) clarified the legislature's intent and supports its interpretation of the statute. Finding no reversible error, the Supreme Court affirmed. View "Jayo Development, Inc. v. Ada County Bd. of Equalization" on Justia Law

This case was brought before a magistrate court as a request for modification of the child custody arrangement of the parties' four children. Hilary Firmage (formerly, Snow) sought sole custody and permission to relocate. The parties orally stipulated to resolve the custody matter in favor of the future recommendations that would result from a child custody evaluation that was ongoing at that time. When the evaluation was made available, the magistrate court ordered a custody modification conforming to the evaluator's recommendations. Howard Snow appealed the modification order. Finding no abuse of discretion in the modification order, the Supreme Court affirmed. View "Firmage v. Snow" on Justia Law