J. JONES, Justice. Ida-Therm, LLC, appeals a summary judgment in favor of Bedrock Geothermal, LLC, holding that a reservation of "all the oil, gas, and minerals, in, on, or under the surface of [deeded] lands," in a 1946 warranty deed included the geothermal resources underlying the property. We reverse. I. FACTUAL AND PROCEDURAL HISTORY On March 19, 1946, Arthur J. Bell and his wife, Vinnie O. Bell, conveyed land in Bonneville County, Idaho (the Bell Property) via warranty deed (the Bell...
EISMANN, Justice. This is an appeal from the grant of summary judgment against insureds who contended that the liability coverage provision in their homeowner's policy required the insurer to defend a lawsuit brought by a contractor the insureds had hired to repair fire damage to their home and to remodel the home and that the insurer was required to indemnify against any recovery by the contractor. We affirm the judgment of the district court and award attorney fees on appeal to the...
BURDICK, Chief Justice. Ronald (Ron) and Dorothy Arnold appeal the district court's decision to grant a constructive trust property interest in favor of Ron's sister, Mary Snider (Toni) and her husband, Steve Snider. The property in question is a cabin and accompanying forest service permit for land located in Valley County, Idaho. Toni and Ron's father built the cabin and willed it, along with the permit, to his wife, Bette Arnold. The district court imposed a constructive trust on the...
HORTON, Justice. This appeal arises from the district court's reversal of the Idaho Transportation Department's (Department) suspension of Johnathan Paul Van Camp's driver's license subsequent to a urine analysis that revealed the presence of cyclobenzaprine in his system. The district court held that the Department had not properly shown that cyclobenzaprine is intoxicating. The Department timely appealed, arguing that the arresting officer's observations of impairment, in combination with an...
J. JONES, Justice. This is an appeal from the district court's grant of summary judgment in favor of the Respondents, Efren Arizmendez and Gilbert Acosta. Danielle Quemada, the daughter and personal representative of Richard Ortega (Decedent), initiated this action to set aside two quitclaim deeds. We affirm. I. FACTUAL AND PROCEDURAL HISTORY The Decedent and Celia Ortega were married in 1985. The two began living apart in 1999, but were not legally divorced until June of 2009. During their...
W. JONES, Justice. I. NATURE OF THE CASE Christina Brooksby ("Brooksby") demanded payment from GEICO General Insurance Company ("GEICO"), the liability insurer of her father, Craig Brooksby ("Father"), alleging that Father negligently injured her by crashing the car in which she was riding. After GEICO refused Brooksby's demand pursuant to an exclusion in its insurance policy with Father, Brooksby sued GEICO for a declaratory judgment establishing coverage. The district court dismissed...
EISMANN, Justice. This is an appeal out of Twin Falls County from a judgment holding that a mechanic's lien had priority over a mortgage. The judgment was predicated upon the district court's refusal to permit the mortgagee to withdraw an admission made in open court by its counsel that the mechanic's lien was valid. We reverse the district court and hold that the mechanic's lien was invalid because the lien does not show that it was verified before a person entitled to administer oaths. I....
EISMANN, Justice. This is an appeal from Power County in which the appellants challenge a judgment ejecting them from real property purchased by the respondent at a mortgage foreclosure sale. The appellants' primary complaint is that the district court denied their claim for unjust enrichment under which they sought to recover damages for improvements they had made to the real property prior to the foreclosure sale. We affirm the judgment of the district court. I. Factual Background. On...
HORTON, Justice. Krystal Kinghorn (Kinghorn) and Kelly Clay (Clay) agreed that Clay would co-sign for a loan for Kinghorn's benefit. In order to protect Clay in the event that Kinghorn defaulted on the loan, Kinghorn agreed to execute a quitclaim deed to real property that Clay could record if King defaulted. When Kinghorn defaulted, Clay recorded the deed and conveyed the property to BRP Incorporated (BRP). Kinghorn filed suit, and the district court unwound the conveyance, holding at summary...
HORTON, Justice. This appeal arises from Gaylen Clayson's attempt to purchase a restaurant and cheese factory in Thayne, Wyoming. Prior to making a formal offer on the property, Clayson was granted access to the property in order to begin operating the restaurant and refurbishing the factory. Clayson's effort to purchase the subject property ultimately failed, and Don Zebe (Don) and Rick Lawson (referred to individually as Don or Rick, collectively as Zebe) subsequently purchased the property....
HORTON, Justice. This case arises from a dispute regarding the sewer system serving Sunnyside Industrial Park, LLC (the industrial park). Sunnyside Park Utilities (SPU) provides water and sewer services to the industrial park and Doyle Beck and Kirk Woolf are, respectively, the Secretary and President of SPU. Printcraft Press, Inc. (Printcraft) is a printing business that occupies a building in the industrial park. In 2004, via its principal, Travis Waters (Waters), Printcraft entered a ten-...
J. JONES, Justice. This is a consolidation of two actions relating to residential leases on State endowment lands. In one action, the Attorney General sought a declaratory ruling that I.C. 58-310A, which exempts so-called "cottage site" leases from conflict auctions, is unconstitutional in light of Article IX, 8 of the Idaho Constitution. The district court determined that I.C. 58-310A was not violative of the Idaho Constitution, and, thus, dismissed the Attorney General's complaint....
J. JONES, Justice. This appeal arises from a dispute between two competing creditors, DAFCO, LLC, and New Phase Investments, LLC. DAFCO appeals from the district court's determination on summary judgment that DAFCO's deed of trust — although first recorded — was void under I.C. 32-912 because it encumbered community real property but was not signed by both spouses. Because I.C. 32-912 was enacted for the protection of the community rather than third-party creditors, we find that New Phase...
J. JONES, Justice. This appeal arises from a condemnation action brought by the State of Idaho, Idaho Transportation Board (ITD) against HI Boise, LLC to acquire a strip of land as part of a project to improve the I-84/Vista Avenue Interchange in Boise. ITD offered HI Boise the condemned property's appraised value of $38,177, but HI Boise filed a counterclaim for inverse condemnation, claiming damages of $7.5 million for additional lost rights of access and visibility. HI Boise now appeals...
W. JONES, Justice. I. NATURE OF THE CASE This appeal involves the consolidation of two personal injury actions and one wrongful death action arising out of an automobile accident. On December 5, 2007, Paul Ruggiero-Smith's vehicle collided with a semi-tractor trailer driven by Robert Petrovich. Nicole Plouffe and Tiffany Ann Marie Fragnella were both passengers in Smith's vehicle. Plouffe was severely injured and Fragnella died as a result of her injuries. At the time of the accident,...
BURDICK, Chief Justice. This case comes before this Court from the district court's grant of summary judgment against Tanner Mickelsen (Mickelsen) and for Broadway Ford, Inc. (Broadway Ford). Mickelsen, who had leased a truck from Broadway Ford, brought a complaint alleging fraud in the inducement and asking for rescission based on that fraud or, alternatively, on mutual mistake. The district court granted summary judgment to Broadway Ford, finding no genuine issue of material fact. The...
EISMANN, Justice. This is an appeal from a judgment holding that the Designated Project or Premises endorsement in a commercial general liability insurance policy purchased by a sporting goods store excluded coverage for a claim arising out of the sale of improperly reloaded ammunition. We affirm the judgment on the alternate ground that coverage was excluded under the Products-Completed Operations Hazard endorsement. I. Factual Background. On May 31, 2007, Tom Erekson purchased from Elk...
J. JONES, Justice. This is the third appeal to this Court arising from a 2002 real estate transaction between Thomas Maile and Colleen Birch-Maile and the Theodore L. Johnson Revocable Trust. The Mailes filed the present action seeking to set aside a 2006 judgment against them, which we affirmed in the second appeal. The district court determined on summary judgment that the 2006 judgment was res judicata with regard to the issues raised in the Mailes' complaint. At trial the jury awarded...
W. JONES, Justice. I. NATURE OF THE CASE HJ Grathol ("Grathol") is a California general partnership that owns real estate in Kootenai County, Idaho. Grathol purchased a parcel for commercial real estate development, which is located at or near the northeast corner of U.S. Highway 95 and State Highway 54 in Kootenai County (hereinafter referred to as "Grathol's parcel" or "the parcel"). The Idaho Transportation Board ("the Board") later sought to condemn sixteen acres of the parcel (...
BURDICK, Chief Justice. This case comes before this Court from the district court's grant of summary judgment against Victoria Johnson (Johnson), who brought a discrimination claim under the Idaho Human Rights Act (IHRA) against North Idaho College (NIC). Johnson alleged that her instructor at NIC, Donald Friis (Friis), had sexually harassed her and that NIC is vicariously liable for that harassment. The district court granted summary judgment for NIC, holding that NIC's Faragher/Ellerth...
