HORTON, Justice.
Sherman Storage, LLC (Sherman) brought this action against Global Signal Acquisitions II, LLC (Global) seeking to eject Global from a strip of land and seeking contract damages and mesne profits. Sherman appeals from the district court's judgment in Global's favor and its order that Sherman pay a substantial sum for Global's attorney fees. We affirm.
This dispute relates to a strip of land that is part of a cell tower site located in the City of Coeur d'Alene. The site is primarily located on Lot 4, Block 22, Glenmore Addition to Coeur d'Alene (Lot 4), but it extends to the west into a vacated street right-of-way adjacent to Lot 4. The disputed strip of land is the western portion of the cell tower site that is situated on the former 24th Street right-of-way. The disputed strip extends westerly 12.33 feet into the former right-of-way and is fifty feet wide.
In 1987, Gary A. Wallace and Mary Jo Wallace established the Wallace Family Trust (the Trust). In 1988, the Trust acquired Lot 4 from the Idaho Transportation Department.
In 1989, the City of Coeur d'Alene vacated the portion of 24th Street between Lots 1 and 12, Block 21 on the west and Lots 3 and 4, Block 22 on the east. By operation of law,
In June of 1996, the Trust agreed to lease property to Sprint Spectrum L.P. (Sprint) for a cell tower site in a document entitled PCS Site Agreement (the PSA).
Although the PSA described the lease site as being "shown on Exhibit A," the PSA also provided that "[i]f requested by [Sprint], [the Trust] agrees promptly to execute and deliver to [Sprint] a recordable Memorandum of this Agreement in the form of Exhibit B. . . ." The PSA explicitly and repeatedly provided that the attached exhibits were part of the parties' agreement.
Sprint evidently requested the Trust to execute a memorandum of their agreement, as Exhibit B is attached to the PSA. Unfortunately, the description of the lease site in Exhibit B differs from that in Exhibit A. Although Exhibit B states that the lease site is "within the property of [the Trust] which is described in Exhibit A," it also contains the contradictory statement that the leased
In the summer of 1996, Sprint constructed the cell tower and fenced in approximately a 35' x 35' fenced square area directly adjacent to the curb of 24th Street. Although the size of the fenced-off area has increased over the years, it has not exceeded the area described in Exhibit A to the PSA and the western fence has not moved from its location adjacent to the curb of 24th Street.
In August of 2002, Mary Jo Wallace entered into an agreement to sell Lots 1-12 in Block 21 to Sherman's predecessor in interest, Sherman Self Storage Inc. (Sherman Inc.). The agreement described the property to be purchased, in pertinent part, as including "vacated roadways all of 24th St. (60')," despite the fact that the eastern half of 24th Street had reverted to Lots 3 and 4, owned by the Trust. On September 19, 2002, Mary Jo Wallace executed a warranty deed conveying Lots 1-12 in Block 21 along with "vacated 24th Street, that attached by operation of law," which had the effect of conveying the western half of the vacated 24th Street. The differing descriptions found in the sales agreement and the warranty deed also contributed to the instant controversy.
On June 7, 2005, Sprint assigned its interest in the lease to Global as part of a transaction wherein Global's parent company acquired approximately 10,000 cell tower sites. On April 7, 2006, by way of warranty deed, Sherman Inc. transferred to Sherman Lots 1-12, Block 21 and "those portions of . . . vacated 24th Street, that attaches [sic] by operation of law." On June 7, 2006, Sherman Inc. quitclaimed its interest in the east half of 24th Street to Sherman.
This appeal relates to two cases before the district court. In 2003, Sherman Inc. brought an action against Mary Jo Wallace, individually (the 2003 Litigation). In this action, Sherman Inc. sought to quiet title in the east half of the vacated 24th Street right-of-way, including the strip of land at issue in this appeal. In 2006, Sherman Inc. and Mary Jo Wallace entered into a settlement agreement. Notwithstanding the fact that the Trust owned Lots 3 and 4, Wallace agreed to transfer her interest in the east half of the vacated 24th Street to Sherman Inc. In turn, Sherman Inc. agreed that Wallace would "have an easement to access the existing cell tower on her remaining property consistent with the existing easement for that purpose, as set forth [in the 1997 Record of Survey.]" The district court entered a final order quieting title to the east half of 24th Street in Sherman Inc.'s favor as against Mary Jo Wallace.
The district court subsequently consolidated the 2003 and 2009 Litigation. The district court granted partial summary judgment in favor of Sherman, holding that the PSA unambiguously established that "the lease site is to the east of and adjacent to the abandoned 24th Street right of way."
The district court made a number of conclusions of law; however, there are three that are dispositive of Sherman's appeal from the district court's decision that it was not entitled to relief. First, the district court found that Sherman's action for ejectment was barred by laches. Second, although the district court determined that Sherman's contract action failed for other reasons, it held that "[e]ven if Sherman successfully proved its claims . . . Sherman did not prove that it is entitled to damages." Finally, the district court denied Sherman's claim for mesne profits on the basis that Sherman failed to prove "Global's profits derived from the subject property." The district court thereafter found that Global was the prevailing party and awarded $9,846.80 in costs and $250,000 in attorney fees. Sherman timely appealed. After Global undertook to collect on the judgment for attorney fees and costs, Sherman paid those sums rather than post a supersedeas bond.
This Court reviews a district court's decision following a bench trial to ascertain "whether the evidence supports the findings of fact, and whether the findings of fact support the conclusions of law." Borah v. McCandless, 147 Idaho 73, 77, 205 P.3d 1209, 1213 (2009). "Since it is the province of the trial court to weigh conflicting evidence and testimony and to judge the credibility of witnesses, this Court will liberally construe the trial court's findings of fact in favor of the judgment entered" and "will not set aside a trial court's findings of fact unless the findings are clearly erroneous." Id. "This Court exercises free review over matters of law." Id.
"We review a trial court's decision on laches and unclean hands for an abuse of discretion." Garcia v. Pinkham, 144 Idaho 898, 899, 174 P.3d 868, 869 (2007). "Abuse of discretion is determined by a three part test which asks whether the district court `(1) correctly perceived the issue as one of discretion; (2) acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and (3) reached its decision by an exercise of reason.'" Id. (quoting Sun Valley Potato Growers, Inc. v. Texas Refinery Corp., 139 Idaho 761, 765, 86 P.3d 475, 479 (2004)). The award of attorney fees is also reviewed for an abuse of discretion. Taylor v. Maile, 146 Idaho 705, 712, 201 P.3d 1282, 1289 (2009).
Although the parties raise a number of issues on appeal relating to the merits of the district court's rejection of Sherman's claims, we find three issues to be dispositive. For that reason, we will only address the following issues relating to Sherman's claims for relief: (1) the district court's decision that laches barred Sherman's equitable action for ejectment; (2) the district court's determination that Sherman failed to prove contract
The district court determined that Sherman was estopped by laches from ejecting Global from the disputed strip because the Trust failed to bring a claim between 1996 and 2010. Sherman argues that the district court should have denied Global its equitable defense because it has unclean hands and that the district court erred in applying estoppel by laches because Global failed to prove that the Trust knew of the encroachment.
"The clean hands doctrine `stands for the proposition that a litigant may be denied relief by a court of equity on the ground that his conduct has been inequitable, unfair and dishonest, or fraudulent and deceitful as to the controversy in issue.'" McVicars v. Christensen, 156 Idaho 58, 63-64, 320 P.3d 948, 953-54 (2014) (quoting Ada Cnty. Highway Dist. v. Total Success Invs., LLC, 145 Idaho 360, 370, 179 P.3d 323, 333 (2008) (citation omitted)). An appellant bears the burden of showing the district court committed error, the "[e]rror must be affirmatively shown on the record," and "[i]f the record is inadequate to review the appellant's claims, the Court will not presume error below." Garcia, 144 Idaho at 899, 174 P.3d at 869.
The district court implicitly rejected Sherman's unclean hands argument by applying laches.
Sherman argues that Global and its predecessor, Sprint, engaged in a pattern of "duplicitous conduct" designed to avoid providing the Trust notice of the encroachment on the 24th Street right-of-way. However, the district court found that Mary Jo Wallace viewed the cell tower site following its construction in 1996. Thereafter, the Trust signed additional agreements regarding the site, accepted rental payments and extended the term of the PSA.
There is substantial evidence supporting the district court's finding that the Trust had knowledge of the encroachment. Mary Jo Wallace testified that she saw the site following its construction, although the district court's findings indicate that she was mistaken as to the original location of the western fence. There was substantial evidence that the location of the western fence remained unchanged following the construction at the cell tower site. Global introduced a 1996 construction drawing depicting a 35' x 35' square, surrounded by a six foot high fence that occupied a portion of the 24th Street right-of-way. On January 31, 1997, Sprint recorded a Record of Survey "for the purpose of monumenting a lease site" in Kootenai County. This Record of Survey, prepared by professional land surveyor Doug Black, depicted the lease site as occupying a portion of the 24th Street right-of-way. Randy LaBeff, the engineer who drafted the construction drawings for the cell tower site, testified that it was to be constructed adjacent
The district court found that Sherman was barred by laches based upon the information possessed by the Trust and its dealings with Sprint and Global. Sherman does not challenge the proposition that the conduct of a predecessor in interest may result in the application of laches.
We have described the doctrine of laches as follows:
Thomas v. Arkoosh Produce, Inc., 137 Idaho 352, 359, 48 P.3d 1241, 1248 (2002) (citations omitted).
Distilled to its essence, Sherman's challenge is predicated upon Mary Jo Wallace's recollection of the location of the western fence. The district court's finding that she had seen the site following its construction and that the location was unchanged was based upon substantial evidence. The district court, not surprisingly, found it significant that, despite the Trust's knowledge of the actual location of the cell tower cite, the Trust entered into additional agreements
The district court explicitly recognized that whether to apply laches was committed to its discretion. Citing to Thomas, the district court correctly articulated the legal standards governing a claim of laches. The district court's decision to apply laches was
Sherman devotes much briefing to its claim that the district court erred in finding that there was no material breach of the PSA. However, "where a judgment of the trial court is based upon alternate grounds, if the judgment can be affirmed on one of the grounds the fact that the alternative ground may have been in error is of no consequence and may be disregarded." Fischer v. Fischer, 92 Idaho 379, 382, 443 P.2d 463, 466 (1968).
The district court held that "[e]ven if Sherman successfully proved its claims, which it did not, Sherman did not prove that it is entitled to damages." As the plaintiff, Sherman bore the burden of proving the damages occasioned by Global's purported breach of contract with reasonable certainty. Harris, Inc. v. Foxhollow Const. & Trucking, Inc., 151 Idaho 761, 770, 264 P.3d 400, 409 (2011). Sherman has not challenged the district court's finding that it did not prove contract damages. The failure to do so is fatal to its claim that the district court erred by denying it relief for breach of contract. La Bella Vita, LLC v. Shuler, 158 Idaho 799, 806, 353 P.3d 420, 427 (2015) (failure to address alternative ground for summary judgment fatal to appeal).
"Mesne profits is most often defined as the value of the use or occupation of the land during the time it was held by one in wrongful possession and is commonly measured in terms of rents and profits." Dumas v. Ropp, 98 Idaho 61, 62, 558 P.2d 632, 633 (1977). The district court held that "Sherman did not establish Global's profits derived from the subject property." Sherman has not challenged this conclusion on appeal. Accordingly, we affirm the district court's denial of Sherman's claim for mesne profits.
The district court awarded Global $9,846.80 in costs and $250,000 in attorney fees pursuant to the terms of the PSA and Idaho Code section 12-120(3). On appeal, Sherman argues the district court's award of attorney fees and costs should be vacated. Before turning to the merits of this claim, we first consider Global's contention that Sherman waived this issue when it paid the judgment for attorney fees.
Generally, the satisfaction of a judgment may terminate the right to appeal from the judgment. People ex rel. Neilson v. Wilkins, 101 Idaho 394, 396, 614 P.2d 417, 419 (1980). However, if satisfaction of the judgment is involuntary, the right to appeal is not lost. In re SRBA, 149 Idaho 532, 538 n. 1, 237 P.3d 1, 7 n. 1 (2010); Int'l Bus. Machs. Corp. v. Lawhorn, 106 Idaho 194, 197, 677 P.2d 507, 510 (Ct.App.1984). Thus, when a party pays an award to avoid a sheriff's sale, the satisfaction of the judgment is involuntary and the issue is still ripe for judicial review. In re SRBA, 149 Idaho at 538 n. 1, 237 P.3d at 7 n. 1. Here, Sherman's payment of attorney fees and costs was involuntary. Thus, we may consider the merits of this issue.
"The award of attorney fees rests in the sound discretion of the trial court and the burden is on the person disputing the award to show an abuse of discretion." Idaho Military Historical Soc'y, Inc. v. Maslen, 156 Idaho 624, 631, 329 P.3d 1072, 1079 (2014) (quoting Nampa & Meridian Irr. Dist. v. Washington Fed. Sav., 135 Idaho 518, 525, 20 P.3d 702, 709 (2001)). "[I]ssues that are not argued and supported as required by the Appellate Rules are deemed to
Sherman's brief states: "For Sherman's analysis on the issues and basis for the attorney's fees claim, please see Sherman's `Memorandum in Support of Objection to Attorney's Fees and Costs.'" The citation to a memorandum filed in the district court falls well short of the requirement that a party support a claim of error with argument and authority. We therefore affirm the district court's award of attorney fees and costs.
Global requests attorney fees on appeal under the terms of the PSA and Idaho Code section 12-120(3). "Attorney fees may be awarded if authorized by statute or contract." Stibal v. Fano, 157 Idaho 428, 435, 337 P.3d 587, 594 (2014). The PSA provides the following contractual basis for an award of attorney fees:
As the prevailing party, Global is entitled to an award of attorney fees on appeal.
We affirm the district court's judgment in favor of Global and its award of attorney fees and costs. We award attorney fees and costs on appeal to Global.
Chief Justice J. JONES and Justices EISMANN, BURDICK and W. JONES concur.
The city ordinance vacating 24th Street did not provide an alternate allocation of ownership, as it simply stated that the "vacated property shall revert to the adjacent property owners."
We have carefully examined Sherman's citations to the record on this critical point and compared them with those relied upon by Global. Although some of Sherman's citations do not support its claim that the fence was relocated, Sherman does correctly direct us to significant testimony in support of its position. In Mary Jo Wallace's deposition testimony, she twice testified that she had seen the cell tower site following its construction in 1996 and that there was a significant gap between the 24th Street curb and the fence on the western boundary of the cell tower site. Wallace estimated the gap as "almost a car's width." Global presented conflicting evidence, including a survey performed shortly after the site was constructed, to show that the western fence was constructed adjacent to the 24th Street curb and that its location had not changed. As it is the district court's role, not ours, to weigh conflicting evidence and judge witness credibility, State, Dep't of Transp. v. Grathol, 158 Idaho 38, 45, 343 P.3d 480, 487 (2015), we accept the trial court's finding that the western boundary of the cell tower site was unchanged.
We view Sherman's claims that Global acted "duplicitously" and "deceitfully" in its dealings with the Trust as the basis for its claim that Global had unclean hands. Thus, we focus on the district court's factual finding that the Trust had knowledge of the encroachment.
On November 17, 2008, in exchange for a signing bonus, the Trust entered into an agreement to extend the lease term to 2041.