BURDICK, Chief Justice. This appeal arises from a Nez Perce County district court's finding that Bret and Eddieka Christensen's building constituted a private nuisance to John and Julie McVicars. In 2006, the Christensens began construction of a fabric building adjacent to the property line shared with the McVicarses. After its completion, the McVicarses filed a nuisance action alleging that increased noise, traffic, and dust diminished the value of their property and interfered with the...
SCHROEDER, J. pro tem. I. Nature of Case This is an appeal from the district court's grant of summary judgment to Case New Holland, Inc. ("CNH") in a suit brought by American West Enterprises ("American West") in an effort to recover the cost of a remanufactured tractor engine sold by CNH to a local seller, Pioneer Equipment Company ("Pioneer"), and purchased by American West. The district court dismissed American West's claim of implied warranty because there was no privity between American...
EISMANN, Justice. This is an appeal out of Ada County from a judgment dismissing an action by the grantor of a deed of trust against MERS. We affirm the judgment of the district court. I. Factual Background. Gregory A. Renshaw (Borrower) entered into a transaction to refinance the debt secured by his home. As part of that transaction, on June 27, 2007, he executed a promissory note in the sum of $236,250.00 owing to Homecomings Financial, LLC and a deed of trust granting his home as...
J. JONES, Justice. In 2011, Rita Turner petitioned the magistrate court for a protection order for her and her son against her then-husband Robert Turner. The magistrate court entered a 90-day order under the Idaho Domestic Violence Prevention Act, finding that there was reasonable cause to believe that bodily harm might result to Rita and her son. Robert appealed to the district court, which affirmed the magistrate court's decision. Robert filed a timely appeal. I. FACTUAL AND PROCEDURAL...
BURDICK, Chief Justice. Rob and Becky Vance appeal from the Nez Perce County district court's order granting partial summary judgment to John and Carole Hoch. Specifically, the Vances are appealing the district court's decision that the Hochs' warranty deed granted them an easement over the "upper road." Alternatively, the Vances argue that the district court erred in finding that the warranty deed was unambiguous. We affirm the district court's decision. I. FACTUAL AND PROCEDURAL BACKGROUND...
HORTON, Justice. Dallas L. Clark appeals from an order of the Industrial Commission of the State of Idaho (Commission) denying her worker's compensation benefits because she failed to prove that an industrial accident occurred. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Clark started working for Shari's Management Corporation (Shari's) in September 2008 as an experienced server. Clark testified that on November 24, 2008, during a graveyard shift, she suffered a herniated disc in her...
W. JONES, Justice. I. NATURE OF THE CASE The Idaho Industrial Commission (the Commission) held that a statutory employer, Russell Griffeth, was not liable for payments under Idaho's worker's compensation law because the claimant, Geffary Stringer, fell within the "casual employment" exemption set forth in I.C. 72-212(2). Stringer contests the Commission's application of the "casual employment" exemption, arguing statutory employers, unlike direct employers, are not subject to the "casual...
W. JONES, Justice. I. NATURE OF THE CASE Plaintiff, Wade Frogley ("Frogley"), appeals the district court's grant of summary judgment in favor of Meridian Joint School District No. 2 ("Meridian School District"), Aaron Maybon, and Linda Clark (collectively "Respondents") on Frogley's complaint of retaliation in violation of Title VII of the Civil Rights Act and the Idaho Human Rights Act. Frogley also appeals the district court's grant of summary judgment in favor of Respondents on his claim...
W. JONES, Justice. I. NATURE OF THE CASE Plaintiff, Silicon International Ore, LLC ("SIO"), appeals the district court's entry of summary judgment in favor of defendants, Monsanto Company ("Monsanto") and Washington Group International, Inc. ("WGI"), in a lawsuit brought by SIO against Monsanto and WGI for alleged breach of contract, intentional interference with SIO's operations under said contract and breach of the implied covenant of good faith and fair dealing. II. FACTUAL AND PROCEDURAL...
EISMANN, Justice. This is an appeal out of Ada County from the order of the district court denying a motion to dismiss, for the lack of probable cause, the felony charge of possession of methadone, a controlled substance. The methadone was discovered upon the birth of the defendant's baby girl in the umbilical cord. We hold that for the purposes of determining whether there was probable cause to believe that the defendant had possessed a controlled substance, the magistrate judge could...
EISMANN, Justice. This is an appeal out of Kootenai County regarding the interpretation of covenants, conditions, and restrictions for a subdivision. We reverse the judgment of the district court and award the appellants attorney fees on appeal. I. Factual Background. Black Rock Development, Inc., an Idaho corporation, developed a planned unit development consisting of residential homes and a golf course on the shore of Lake Coeur d'Alene. The development was named Black Rock. The plat was...
EISMANN, Justice. This is an appeal out of Idaho County from a jury verdict of guilty to and the sentence for the crime of first degree murder of a three-year-old child. The defendant challenges the failure of the district court to appoint him substitute counsel, the jury instructions defining felony murder, and his sentence of life in prison without parole. We affirm the conviction and sentence. I. Factual Background. Todd W. Carver (Defendant) was found guilty by a jury of murdering a...
EISMANN, Justice. This is an appeal out of Kootenai County from a judgment that dismissed the plaintiffs' claims that they had the right to use parcels of property designated as common areas in a plat that was void because the persons who recorded the plat did not own all of the real property included in the plat and that awarded the plaintiffs an easement across a parcel of land now owned by the cross-appellants. We affirm the judgment of the district court except as to the width of the...
BURDICK, Chief Justice. Appellant, Intermountain Real Properties, LLC (Intermountain), appeals the Bingham County district court's grant of summary judgment to Respondent, Draw, LLC (Draw). Intermountain initially brought a cause of action, as an assignee of a materialmen's lien, against Draw and other defendants to recover payment on work paving a private drive in the Taylorview Development. The district court granted summary judgment to Draw on the grounds that Intermountain failed to raise...
J. JONES, Justice. This case involves a judgment creditor, PAL I, LLC, that levied and executed upon collateral in which KeyBank had a perfected security interest. PAL argued that because KeyBank did not file a third-party claim to the collateral in accordance with I.C. 11-203, it waived its interest in the collateral. The district court held that a perfected security interest survives a creditor's failure to comply with I.C. 11-203, that KeyBank's security interest extended to the...
BURDICK, Chief Justice. Appellant, Lillian Hatheway, appeals the Latah County district court's dismissal on summary judgment of all of her claims against Respondents, the Board of Regents of the University of Idaho and the University of Idaho (collectively "the University"). Hatheway worked at the University as an administrative assistant from 1999 until 2008 when she resigned. On October 22, 2008, she sued the University for age discrimination, hostile work environment, retaliation,...
BURDICK, Chief Justice. This appeal arises from the Ada County district court's decisions regarding a products liability claim between Billie Jo Major and Security Equipment Corporation (SEC). Major brought an action against SEC alleging that the company failed to provide adequate warning to her employer, the Idaho Department of Corrections (IDOC), on the risks of its oleoresin capsicum (OC) pepper spray. Major alleged that the use of the spray in a training exercise worsened existing...
HORTON, Justice. This appeal relates to a mechanic's lien filed against the Black Rock North Development in Coeur d'Alene, Idaho, arising from an uncompleted golf course community development. American Bank (the Bank) was the lender to BRN Development, Inc. (BRN). BRN hired Wadsworth Golf Construction Company of the Southwest (Wadsworth) to construct a golf course. BRN failed to pay Wadsworth for a portion of the work it performed, and Wadsworth filed a mechanic's lien against the property....
HORTON, Justice. This appeal arises from the grant of a motion for judgment on the pleadings in a quiet-title action. This is the third appeal pursued by Byron Thomason (deceased) and his `wife Marilynn Thomason (Thomasons) against the brothers Terrence Bagley and John Bagley (the Bagleys). In the first appeal, this Court affirmed the district court's order quieting title to real property in the Bagleys and awarding them attorney fees. Bagley v. Thomason, 149 Idaho 799 , 241 P.3d 972 (...
W. JONES, Justice. I. NATURE OF THE CASE A bank hired a contractor to perform janitorial and snow removal services. The written contract between the parties lapsed, but they orally renewed their agreement according to the same terms. One morning, a bank employee arrived at work and parked in the parking lot. She stepped out of her car, slipped on black ice, and was injured. The employee sued the contractor, claiming that it had negligently failed to spread ice melt on the parking lot. The...
