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At issue in this appeal was a judgment dismissing an action seeking to recover money unlawfully collected by the City of Pocatello from users of the City’s water and sewer systems. In 2005, the city government decided that the City should be able to operate its water and sewer systems at a profit like private utilities. By law, the City was required to charge and collect sufficient fees so that its water and sewer systems “shall be and always remain self-supporting.” Those fees had to be sufficient to pay when due all bonds and interest as required by Idaho Code section 50-1032(a) and “to provide for all expenses of operation and maintenance of such works . . . , including reserves therefor,” as required by Idaho Code section 50-1032(b). The City wanted to obtain a profit in excess of the amounts necessary for the water and sewer systems to remain self-supporting. This profit was paid into the general fund. The City instituted a program called "PILOT," which stood for payment in lieu of taxes, under which city-owned water and sewer departments paid "property taxes" to the City as if they were private entities, and the departments then passed this cost on to their customers. The “property taxes” were then paid into the City’s general fund. Plaintiffs sought a refund of the PILOT sums that they had paid. In granting summary judgment, the district court held that the imposition of the PILOT was not a compensable taking. The district court appeared to rely upon two grounds for that decision: (1) "Some courts have made that determination on the grounds that money is not 'property' within the meaning of the Takings Clause," and (2) "Other courts ‘have concluded that governmental-imposed obligations to pay money are not the sort of governmental actions subject to a takings analysis.?” The Idaho Supreme Court determined both of these rationales were incorrect, reversed and remanded for further proceedings. View "Hill-Vu Mobile Home Pk v. City of Pocatello" on Justia Law

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Sharon Hammer appealed a district court’s order dismissing her complaint. Hammer’s action against Nils Ribi alleged that he assaulted her during a city council meeting on September 15, 2011. Hammer was employed as City Administrator for Sun Valley, and Ribi was a member of the city council. Hammer’s alleged that, during a break in the meeting, Hammer left the council chambers to copy some documents. Ribi followed Hammer and demanded that she make certain changes to budget documents. Hammer refused. Ribi raised his arms; Hammer was afraid Ribi was going to hit her, and she stepped back. Hammer’s complaint alleged that Ribi had committed a civil assault. The district court granted Ribi’s motion to dismiss for failure to state a claim upon which relief could be granted. The district court denied Hammer’s motion to require Ribi to undergo a mental examination and ruled that Hammer failed to plead facts which would show that Ribi was not immune from suit under the Idaho Tort Claims Act (ITCA). The Idaho Supreme Court concluded the district court erred in dismissing Hammer's complaint for failing to state a claim. The district court did not abuse its discretion in denying Hammer's motion to compel a mental health examination. The Supreme Court vacated the judgment dismissing Hammer’s lawsuit and remanded for further proceedings. View "Hammer v. Ribi" on Justia Law

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Matthew Cohagan appealed the district court’s denial of his motion to suppress. Following the denial of his motion, Cohagan entered a conditional guilty plea to possession of methamphetamine. Cohagan argued on appeal that the evidence seized when he was arrested should have been suppressed because it was “the direct result of the illegal detention because Officer Curtis detained [him] so that he could run a warrant check.” The Idaho Supreme Court determined there was no reason for the arresting officers to initiate a traffic stop in the first instance, so the evidence seized thereafter was indeed, the result of an illegal detention. The Court therefore reversed the denial of the motion to suppress and remanded for further proceedings. View "Idaho v. Cohagan" on Justia Law

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While employed by Zing LLC, Josue Barrios (“Claimant”) was totally and permanently disabled as a result of an industrial accident when he fell about twelve feet from a ladder and hit his head face first on a concrete floor. He suffered multiple facial fractures, a frontal bone fracture, the loss of sight in his left eye, and a severe traumatic brain injury that caused a major neurocognitive disorder and speech language deficits. This case was an appeal of an Industrial Commission order requiring an employer and its surety to pay the cost of a guardian and a conservator for Barrios. Finding no reversible error in the Commission's order, the Idaho Supreme Court affirmed. View "Barrios v. Zing, LLC" on Justia Law

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This appeal presents a narrow question of law relating to state income tax liability. Zippora Stahl was an Idaho resident who died in 2010. At the time of her death, Stahl owned real property located in Chino, California that had substantially appreciated in value. The Estate made a "1022 Election" following the sale of the Chino property in its 2012 federal income tax return. The Estate also filed an Idaho income tax return for 2012. When it did so, the Estate initially used the same modified carryover basis for the Chino property as it had for its federal income tax return. The Estate computed its state tax liability as $1,029,107, which the Estate paid. The Idaho State Tax Commission processed the Estate’s 2012 Idaho income tax return and determined that the Estate had incorrectly computed a credit for taxes paid to other states. Kathleen Krucker, personal representative of the Estate, appealed the district court’s grant of summary judgment in favor of the Commission and the district court’s denial of the Estate’s motion for reconsideration. The district court held that the Estate could not use a different figure as the starting point for calculating its Idaho taxable income for 2012 than it reported to the Internal Revenue Service for that year. Finding no reversible error in that judgment, the Idaho Supreme Court affirmed. View "Krucker v. Idaho State Tax Commission" on Justia Law

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House Bill No. 67 passed the Idaho State House on February 2, 2017, and it was transmitted to the Senate. The bill was amended twice in the Senate, and it passed the Senate, as amended, on March 22, 2017, and was returned to the House. As amended by the Senate, the bill passed the House on March 27, 2017. The bill exempted from the state sales tax the sale of food, as defined in the bill, sold for human consumption. The Governor vetoed the bill and delivered it to the Secretary of State on April 11, 2017. Because of the veto, the Secretary of State thereafter refused to certify House Bill No. 67 as law. This case was brought in the Idaho Supreme Court’s original action seeking a writ of mandamus compelling the Secretary of State to certify 2017 House Bill No. 67 as law because the Governor did not veto the bill and return it to the Secretary of State within ten days (excluding Sundays) after the legislature adjourned. The Supreme Court overruled Cenarrusa v. Andrus, 582 P.2d 1082 (1978), but held that all parties were misconstruing Article IV, section 10, of the Idaho Constitution, and denied the writ of mandate. View "Nate v. Denney" on Justia Law

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In 2013, while under the influence of a controlled substance, suffering from schizophrenia, and experiencing paranoia and a delusion that he and his family were in danger, defendant Shawn Fisher killed one person and attempted to kill another. He apparently selected his victims at random. Defendant was ultimately charged with murder in the first degree and several other crimes, but the district court found him unable to assist in his own defense due to his mental illness. Defendant filed a motion seeking to have the statutory abolition of the insanity defense declared to be unconstitutional; the district court denied the motion. The prosecutor, defense counsel, and defendant entered into a binding plea agreement, which provided that defendant would plead guilty to murder in the second degree, the remaining charges would be dismissed, and defendant would reserve the right to appeal the district court’s denial of his motion to declare unconstitutional the statutory abolition of the insanity defense. There was no agreement as to the sentence. The State later filed an amended information reducing the charge of murder in the first degree to murder in the second degree. On the same day, defendant pled guilty to murder in the second degree. The district court held a sentencing hearing sentenced defendant to a determinate life sentence with no possibility for parole. On appeal, Defendant contended that the abolition of the insanity defense violated the Due Process Clause of the Fourteenth Amendment and the Eighth Amendment. Finding no such constitutional violation nor an abuse of the district court’s discretion in sentencing defendant, the Idaho Supreme Court affirmed. View "Idaho v. Fisher" on Justia Law

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Shawn Bailey sued several parties, including Peritus I Assets Management, LLC (Peritus), for claims allegedly arising out of his employment at American Medical File, Inc. (AMF), doing business as OnFile. Bailey alleged claims for breach of his employment contract and intentional infliction of emotional distress. Peritus moved to dismiss Bailey’s claim for intentional infliction of and the district court granted the motion on the basis that Bailey had not alleged conduct that was extreme and outrageous. Peritus thereafter moved for summary judgment on Bailey’s breach of contract claim, contending the statute of frauds rendered it unenforceable. In response, Bailey moved to amend his complaint in an effort to bypass the statute of frauds. The district court denied Bailey leave to amend and granted Peritus summary judgment, finding the statute of frauds dispositive. Bailey appealed the denial of leave to amend and grant of summary judgment in favor of Peritus. The Idaho Supreme Court found the district court erred by finding the statute of frauds barred Bailey’s breach of contract claim against Peritus, “[Bailey’s] lone allegation does not vitiate the thrust of Bailey’s complaint to somehow change this case from one alleging principal liability to one alleging collateral liability.” The Court’s conclusion that the statute of frauds did not apply to Bailey’s claim for breach of contract against Peritus as alleged in his initial complaint mooted any need for Bailey to allege statute of frauds exceptions, and the Supreme Court did not address that issue. View "Bailey v. Peritus I Assets Management" on Justia Law

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Perry Krinitt, Sr. appealed the district court’s grant of summary judgment in favor of the State of Idaho and the Department of Fish and Game (IDFG). Perry Krinitt, Jr. (“Perry”) was a pilot for Leading Edge Aviation. He died when the helicopter he was piloting crashed in Kamiah, Idaho. Perry was flying IDFG employees Larry Bennett and Danielle Schiff to conduct a fish survey on the Selway River. Bennett and Schiff also died in the crash. An investigation revealed that the accident was caused when a clipboard struck the tail rotor: one of the passengers became sick and opened the helicopter door, dropping the clipboard in the process. Krinitt filed a wrongful death suit based in negligence seeking damages against IDFG for Perry’s death. IDFG did not assert statutory immunity under Idaho’s Worker’s Compensation Act as a defense. IDFG moved for summary judgment on grounds that Krinitt could not prove negligence. The district court ruled that IDFG was a statutory employer under the Idaho Worker’s Compensation Act and, consequently, IDFG was entitled to immunity from actions based on the work-related death of Perry. Krinitt appealed. Finding no reversible error, the Idaho Supreme Court affirmed. View "Krinitt v. Idaho Dept of Fish & Game" on Justia Law

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This appeal arose out of an agent contract dispute between Bret Kunz (“Bret”) and Nield, Inc. (“N.I.”) authorizing Bret to sell insurance on behalf of N.I. N.I. is owned by two brothers, Bryan Nield (“Bryan”) and Benjamin Nield. A dispute arose concerning the method and type of compensation available to Bret under the Contract. Bret filed a complaint seeking, inter alia, a declaratory judgment interpreting the Contract. The district court held the 2009 Contract did not provide for profit sharing as Bret claimed. Bret and his wife, Marti, (collectively, the “Kunzes”) appealed. Finding no reversible errors with respect to how the district court interpreted the Contract, the Idaho Supreme Court affirmed. View "Kunz v. Nield, Inc." on Justia Law