Justia Idaho Supreme Court Opinion Summaries

The Idaho Power Company appealed an order of the Idaho Public Utilities Commission that denied approval of contracts between the utility and two wind farms on the ground that the contract rate for purchasing the power was contrary to public policy because it exceeded the utility's avoided costs. Finding no reversible error, the Supreme Court affirmed. View "Idaho Power v. Grouse Creek" on Justia Law

Rita Turner petitioned the magistrate court for a protection order for her and her son against her then-husband Robert Turner. The magistrate court found that there was reasonable cause to believe that bodily harm might result to Rita and her son and issued a 90-day order. Robert appealed to the district court, which affirmed the magistrate court’s decision. Robert then appealed that decision. Because Robert failed to develop an argument, offered scarce citation to authority, and ignored the aspects of the law unfavorable to him, the Supreme Court concluded he brought this appeal frivolously, unreasonably, or without foundation. View "Turner v. Turner" on Justia Law

A magistrate court dismissed a petition filed by the maternal grandmother of a child born out of wedlock in which the grandmother sought to terminate the parental rights of the biological father and to adopt the child. After the magistrate court entered an order granting the petition, the biological father intervened and successfully moved to set aside the order. The grandmother’s petition was ultimately dismissed, and she appealed. Finding no reversible error, the Supreme Court affirmed the magistrate court. View "Jane Doe (13-23) v. John Doe" on Justia Law

The issue on appeal in this case stemmed from a district court’s review of a final order from the Director of the Idaho Department of Water Resources. The senior surface water rights holders (Surface Water Coalition) challenged the court’s order affirming the methodology established by the Director for determining material injury caused by the pumping of junior groundwater rights holders (Idaho Groundwater Appropriators). The Coalition also appealed the court’s failure to require the Director to issue a single final order. The Groundwater Appropriators and Intervenor City of Pocatello asserted on cross-appeal that the proper evidentiary standard for determining material injury is a preponderance of the evidence, rather than clear and convincing evidence. Finding no reversible error on appeal or cross-appeal, the Supreme Court affirmed. View "A&B Irrigation v. ID Dpt of Water Resources" on Justia Law

Bremer, LLC and KGG Partnership (collectively "Bremer") appealed a district court’s grant of summary judgment to East Greenacres Irrigation District ("EGID") and the district court’s denial of several additional motions. This case arose after EGID looped its pressurized water system to a main water line extension that Bremer constructed to serve Bremer’s land. Bremer claimed the extension was an illegal tax. The district court granted EGID summary judgment on the grounds that Bremer and EGID had an agreement under I.C. 43-330A where Bremer was responsible for constructing water line improvements to serve their land. Bremer argued on appeal that the district court erred because there were genuine issues of material fact regarding: (1) whether the parties reached an agreement under I.C. 43-330A; and (2) whether EGID had authority to require Bremer to pay for the extension. Finding no error, the Supreme Court affirmed the district court in all regards. View "Bremer v. E. Greenacres Irrig Dist" on Justia Law

Rob and Becky Vance appealed a district court order that granted partial summary judgment to John and Carole Hoch. The Vances challenged that part of the court's decision holding the Hochs' warranty deed granted them an easement over the "upper road." Alternatively, the Vances argued that the district court erred in finding that the warranty deed was unambiguous. The Vances and Hochs were each conveyed a portion of the original grantor's property, and each received a warranty deed that contained a number of provisions concerning easements. Ultimately, this case centered on the interpretation of those easements. Upon review of the district court record, the Supreme Court concluded the district court did not err in its decision. Accordingly, it affirmed. View "Hoch v. Vance" on Justia Law

Appellants Robby and Kim Mowrey appealed the dismissal of their negligence action against Respondent Chevron Pipe Line Co. The district court ruled that because the Mowreys failed to disclose this claim as an asset in their Chapter 7 bankruptcy proceeding, they were judicially estopped from pursuing it against Chevron. In the alternative, the district court ruled that the Mowreys lacked standing as the real party in interest to prosecute their claim because it belonged to the bankruptcy trustee as an asset of the bankruptcy estate. The Mowreys argued on appeal that the district court erred in granting summary judgment. Finding no reversible error, the Supreme Court affirmed. View "Robby Mowrey v. Chevron Pipeline Co." on Justia Law

BV Beverage Company, LLC appealed the dismissal of its petition regarding the expiration of its liquor license. Idaho Alcohol Beverage Control (ABC) contended that BV Beverage's interest in its license expired by operation of law when BV Beverage's lessee failed to timely renew. BV Beverage argued that the agency’s procedures deprived it of adequate procedural due process. The district court dismissed BV Beverage's petition because there was no agency action to review; even if there was agency action, the action did not violate procedural due process because BV Beverage had actual knowledge of the expiration date of the liquor license. Finding no reversible error, the Supreme Court affirmed. View "BV Beverage Company v. Idaho Alcohol Beverage Control." on Justia Law

Petitioner Erick Hall was convicted and sentenced to death twice: first for kidnapping, murder and rape; second for rape and murder. While Hall's petition for post-conviction relief was pending for his first sentence, his second trial for rape and murder was underway. During the overlap of Hall I and Hall II, there were numerous communications between Hall's trial attorneys representing him in Hall II, and the State Appellate Public Defender's (SAPD) office, handling Hall's post-conviction proceedings in Hall I. It was the communications between Hall's trial counsel that were the basis for a potential conflict of interest in this case, given that the issue before the Supreme Court in this appeal was ineffective assistance of trial counsel in his second petition for post-conviction relief. In 2008, Hall filed a petition for post-conviction relief in connection with his Hall II conviction. Two years later, the SAPD filed an Ex Parte Notice of Possible Conflict of Interest with the district court. The Ex Parte Notice stated that the SAPD had "cooperated with trial counsel in Hall II by sharing testing and expert information obtained in Hall I." Dennis Benjamin [. . .] agreed to evaluate the conflict and advise Mr. Hall whether or not the conflict should be waived." With no knowledge of the Ex Parte Notice, the State filed a Motion for Inquiry into Possible SAPD Conflict. Although Benjamin conducted an extensive inquiry into whether the SAPD was conflicted, the district court did not question Benjamin about his findings. Rather, the court believed that Benjamin was too closely aligned with the SAPD to be truly independent. The court then issued a Memorandum Decision and Order Appointing Keith Roark as Independent Counsel. The SAPD filed a Motion to Reconsider Memorandum Decision, which the court denied. On appeal, Hall acknowledged the trial court had an affirmative duty to inquire into a potential conflict whenever it knew or reasonably should have known that a particular conflict may exist. However, Hall argued that the cases relied on by the district court in finding that it had an affirmative duty to conduct a thorough and searching inquiry were distinguishable because the possibility of a conflict in this case was raised by Hall's counsel, not Hall himself. Additionally, Hall contended that Roark's conflict inquiry was unnecessary and duplicative because: (1) Benjamin assessed the possible conflict and concluded no conflict existed; and, (2) Benjamin made his conclusion after reviewing all relevant information. Further, Hall argued that the district court's second inquiry was unnecessary because the conduct of Hall's previous attorneys at the SAPD's office should not have been imputed to Hall's then-current post-conviction counsel. After its review, the Supreme Court concluded the district court erred in appointing Roark as independent counsel; the district court order granting Roark access to the SAPD's client file violated Hall's attorney-client privilege. Therefore the Supreme Court vacated the district court's order appointing Roark as independent conflict counsel and its order requiring the SAPD to pay for Roark's services. View "Hall v. Idaho" on Justia Law

This appeal arose from the termination of Jeffry Black, the former Executive Director of the Idaho Peace Officer Standards and Training Council (POST). Black asserted that the Idaho State Police (ISP) violated two provisions of the Idaho Protection of Public Employees Act ("the "Whistleblower Act") when it terminated him. The district court granted summary judgment in favor of ISP, holding that Black failed to engage in activity protected under the Act. Black appealed the district court's decision to the Supreme Court. Finding no reversible error, the Supreme Court affirmed. View "Black v. Idaho State Police" on Justia Law