EISMANN , Justice . This is an appeal out of Kootenai County from a partial judgment reforming the deed of subsequent purchasers of real property based upon a finding that their predecessors in interest made a mutual mistake in drafting the legal description of the deed to the grantee. We vacate the judgment of the district court and remand this case for further proceedings. I. Factual Background. The issue in this appeal is whether the deed of Jeff and Karen Owen should be reformed to...
HORTON , Justice . This appeal comes before this Court upon review of a decision from the Court of Appeals. In the magistrate division, Nathan Herren was found guilty of violating a no contact order and violating the terms of probation imposed in an earlier case. The district court affirmed. The Court of Appeals reversed the district court and we granted the State's petition for review. We affirm the district court's decision in part and reverse in part. I. FACTUAL AND PROCEDURAL...
EISMANN , Justice . This is an appeal out of Ada County in which the defendant contends that his convictions and sentences for both conspiracy to traffic in methamphetamine and trafficking in methamphetamine violate double jeopardy. We affirm both convictions and sentences. I. Factual Background. Juan Luis Sanchez-Castro (Defendant) was indicted, tried, and convicted of one count of conspiracy to traffic in 400 grams or more of methamphetamine in violation of Idaho Code section 37-...
J. JONES , Justice. Trudy Deon brought worker compensation claims against her employer, H & J, Inc., and its surety, Liberty Northwest, (Employer/Surety) and the Idaho Special Indemnity Fund (ISIF). Deon eventually settled with ISIF but the claim against Employer/Surety went to a hearing that resulted in the Idaho Industrial Commission finding Employer/Surety 100% liable for her total and permanent disability (TPD). The Commission decided sua sponte to reconsider its decision and invited...
J. JONES , Justice. Mercedes Turner filed suit against her former employer, the City of Lapwai ("the City"), claiming that she was owed unpaid compensation and reimbursement for certain expenses incurred during her employment. The City moved for summary judgment, arguing that Turner's claim for unpaid compensation was barred by the applicable statute of limitations and that both claims were barred because Turner failed to provide adequate notice of her claims as required by Idaho Code...
J. JONES , Justice. Newman K. Giles (Kal) sought income benefits from his employer for injuries he suffered during the course of his employment. Kal was involved in a one-vehicle accident, sustaining severe injuries. Finding Kal's intoxication to have been a reasonable and substantial cause of his accident and resulting injuries, the Idaho Industrial Commission held Kal was barred from receiving income benefits. Kal appealed. I. FACTUAL AND PROCEDURAL BACKGROUND The claimant, Kal Giles,...
BURDICK , Chief Justice . Christian Westby, James Westby, and Kristina Westby (collectively "the Westbys") permissively appealed the Canyon County district court's denial of the Westbys' motion to reconsider the court's protective order granted to Mercy Medical Center and Dr. Gregory Schaefer. This case arose from the Westbys' claim that Dr. Schaefer's and Mercy Medical's negligence resulted in lifelong brain damage to Christian Westby. Near the end of discovery, the district court granted...
WALTERS , J. , pro tem. Su Warren sought worker's compensation benefits from her employer, Williams & Parsons, PC, CPAS (Williams & Parsons), and Idaho State Insurance Fund (ISIF), for injuries received on January 23, 2007, during the course of her employment. The Idaho Industrial Commission (the Commission) concluded that Warren had a permanent partial impairment (PPI) of five percent of the whole person and was entitled to temporary total disability and temporary partial disability during...
BURDICK, Chief Justice. This case consolidated several individual cases dealing with common claims for nonpayment against the developer of the Summer Wind at Orchard Hills residential and golf course development in Canyon County, Idaho. There are essentially two distinct cases on appeal. First, Stanley Consulting, Inc. ("Stanley") appeals the district court's decision as to the priority date for Stanley's engineer's lien pursuant to Idaho Code section 45-506. Second, Integrated Financial...
BURDICK , Chief Justice . This case consolidated several individual cases dealing with common claims for nonpayment against the developer of the Summer Wind at Orchard Hills residential and golf course development in Canyon County, Idaho. There are essentially two distinct cases on appeal. First, Stanley Consulting, Inc. ("Stanley") appeals the district court's decision as to the priority date for Stanley's engineer's lien pursuant to Idaho Code section 45-506. Second, Integrated Financial...
WALTERS, J. pro tem. This is an action for recovery of damages against the State of Idaho. The district court dismissed the action on motion of the State for summary judgment. We affirm. I. NATURE OF THE CASE This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff, Samuel Zylstra (Zylstra), was a student and wrestler at Boise State University (BSU)....
HORTON, Justice. This appeal arises from a lien priority dispute between U.S. Bank National Association (U.S.Bank) and CitiMortgage, Inc. (CitiMortgage) who each hold a deed of trust to real property owned by Herbert and Julie Thomas. The district court concluded that U.S. Bank lost its first priority position on the Thomas property after finding that CitiMortgage delivered a demand for reconveyance and U.S. Bank failed to release its deed of trust as required by Idaho Code section 45-1514. U....
J. JONES, Justice. Idaho's Bureau of Occupational Licenses (Bureau) investigated and initiated disciplinary proceedings against Williams after it received complaints that he had engaged in various forms of professional misconduct as a licensed real estate appraiser. Ultimately, Idaho's Board of Real Estate Appraisers (Board) revoked Williams' license, imposed $4,000 in fines, and required Williams to pay the Board's attorney fees and costs. The district court, acting in an appellate capacity,...
W. JONES, Justice. I. NATURE OF THE CASE Spirit Ridge Mineral Springs, LLC ("Spirit Ridge") appeals a judgment entered in favor of Franklin County dismissing Spirit Ridge's complaint which had requested abatement of a private nuisance and for an injunction against a gun range operated by Franklin County adjacent to its property. In a bench trial, the district court ruled that Spirit Ridge had failed to demonstrate that there was an ongoing and continuing nuisance at the time of the trial....
J. JONES, Justice. This is a medical malpractice case arising out of the treatment of Rosamond Mattox at Life Care of Lewiston (LCL). The plaintiff-appellant, Rosamond's son Gene Mattox, claimed that LCL's sub-standard care caused his mother's death. The district court excluded Gene's experts' affidavits after concluding that they failed to demonstrate actual knowledge of the applicable standard of health care practice. The district court then granted summary judgment in favor of LCL. I....
HORTON, Justice. This appeal comes before this Court upon review of a decision from the Court of Appeals. In the magistrate division, Nathan Herren was found guilty of violating a no contact order and violating the terms of probation imposed in an earlier case. The district court affirmed. The Court of Appeals reversed the district court and we granted the State's petition for review. We affirm the district court's decision in part and reverse in part. I. FACTUAL AND PROCEDURAL BACKGROUND...
BURDICK , Chief Justice . Kevin Hope appeals the Idaho Industrial Commission's order that the Idaho Industrial Special Indemnity Fund (ISIF) was not liable for any of Hope's benefits. The Commission found that Hope was totally and permanently disabled, but had failed to prove that his disability was a result of pre-existing back and shoulder impairments combined with his last shoulder injury. Hope argued that the Commission's decision was based on errors of law and fact. We affirm the...
J. JONES, Justice. Tracy Sales brought suit against spa owner Stacie Peabody, claiming that she contracted a toe infection as a result of a pedicure performed at the spa. The district court granted summary judgment against Sales after concluding that she had failed to present sufficient evidence of causation. The district court also denied Sales' motion for reconsideration based on the ground that she had not adequately alleged the theory of negligence she relied on in support of that motion....
WALTERS, J., pro tem. I. NATURE OF THE CASE This appeal is a collateral attack on a 2005 decree of divorce entered in the magistrate division of the district court finding that Dennis Sallaz and Renee Baird were married in Oregon in 1996. The magistrate subsequently divided the community property in a judgment entered in 2012. This appeal is brought from the 2012 judgment. Sallaz argues that the marriage was not valid under Oregon law and consequently that the magistrate lacked subject matter...
HORTON, Justice. The Ada County Board of Equalization (the BOE) denied an application for a property tax exemption made by the Idaho Youth Ranch, Inc. (the Youth Ranch) and Idaho Youth Ranch Nagel Center, LLC (the LLC). The Idaho Board of Tax Appeals affirmed that decision. The Youth Ranch and the LLC then sought judicial review. Ruling on the parties' cross-motions for summary judgment, the district court held that the property was not exempt from taxation. We affirm. I. FACTUAL AND...
