Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector�a secretly-filmed expos� of the operation of an Idaho dairy fa... More...    $0 (01-09-2018 - ID)

Boise, ID - Meridian Man Sentenced to 12 Months in Prison for Oxycodone Distribution

Theodore Pena, 66, of Meridian, Idaho, was sentenced to 12 months in prison and three years of supervised release for distributing oxycodone. Senior U.S. District Judge Edward J. Lodge also ordered that Pena forfeit $3,200 in drug proceeds.

According to evidence presented at the entry of plea ... More...    $0 (09-06-2016 - ID)

The District is a governmental subdivision that is organized under Idaho Code section 674901 and operates in Boise. The District currently operates the Boise Centre, a convention center in Downtown Boise. The District seeks to expand operations by acquiring a new facility (hereinafter the Centre Facility) being constructed near the Boise Centre. But the District, as a governmental subdivision, is ... More...    $0 (10-15-2015 - ID)

While somewhat convoluted in its background, this appeal stems from a dispute over amounts due and owing under a state highway contract. Debco Construction and ITD entered into a contract whereby Debco agreed to provide construction services on a state highway project in Twin Falls, Idaho, known as the Washington Street Project. The contract included a process (Specifications) for adjustment of t... More...    $0 (09-26-2015 - ID)

As this appeal hinges on the regulation of Indian gaming, we begin with a brief introduction to the IGRA. Congress passed the IGRA in 1988 “in order to provide a statutory basis for the operation and regulation of gaming by Indian tribes.” Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 48 (1996). “The Act divides gaming on Indian lands into three classes—I, II, and III—and provides a different... More...    $0 (07-25-2015 - ID)

The Coeur d’Alene Tribe (“Tribe”) appeals the
preliminary injunction prohibiting the Tribe from offering
Texas Hold’em (“Hold’em”) poker. The Tribe argues that
tribal sovereign immunity was not abrogated and that venue
was improper under the terms of the Tribal-State Gaming
Compact (“Compact”). We affirm because the Indian
Gaming Regulatory Act (“IGRA”) severed tribal immun... More...    $0 (07-22-2015 - ID)

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man... More...    $0 (10-07-2014 - ID)

Camp Easton Forever, Inc., (“CEFâ€�) and Daniel and Matthew Edwards (collectively “the Edwardsesâ€�) appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy Scouts of America (collectively “INWCâ€�). CEF and the Edwardses filed an action to declare the parties’ rights to property INWC owns on L... More...    $0 (08-15-2014 - ID)

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree... More...    $0 (08-27-2014 - ID)

The dominant owners of an easement appeal from an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argue that the district cour... More...    $0 (02-07-2014 - ID)

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,... More...    $0 (02-10-2014 - ID)

This case arose after New Sweden Irrigation District ("New Sweden") mowed the canal
banks on Bradley Morgan's property. Morgan claimed New Sweden negligently damaged his
property. New Sweden counterclaimed for a declaratory judgment as to its easement's existence
and scope, and then moved for summary judgment. The Bonneville County district court granted
partial summa"ry judgment, ... More...    $0 (03-13-2014 - ID)

Ada County Highway District (“ACHDâ€�) appeals the district court’s grant of summary judgment to Terrie Rowley. This case concerns the ownership of a ten-foot-wide walkway in a Boise subdivision and arose after Rowley sought an injunction to remove a shed her neighbor placed on that walkway. The district court held that (1) the subdivision plats showed the original developers clearly and unequ... More...    $0 (04-08-2014 - ID)

This appeal arises from a bench trial concerning an easement and trespass dispute. David and Michelle White, and D.L. White Construction, Inc. appeal from the district court’s judgment regarding the scope and location of the Whites’ easement across Dennis and Sherrie Akers’ property and the district court’s award of compensatory and punitive damages for trespass and emotional distress. We ... More...    $0 (02-07-2014 - ID)

In 1999, Rick and Natalie Foeller apparently1 entered into an agreement with Melaleuca of Canada, Inc., under which the Foellers were to act as independent marketing executives in exchange for monthly commission payments. In 2008, the Foellers breached this agreement but Melaleuca continued to pay them commissions because it was unaware of the breach. Upon learning of the breach, Melaleuca sued to... More...    $0 (02-07-2014 - ID)

The dominant owners of an easement appeal from an adverse grant of summary judgment dismissing all of their claims, which were premised on the servient owner’s construction of a permanent sign within the easement. The sign effectively reduced the width of the easement from twenty-five feet to nineteen feet at one point along its length. On appeal, the dominant owners argue that the district cour... More...    $0 (02-07-2014 - ID)

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,... More...    $0 (12-27-2013 - ID)

In this appeal, we consider whether the Shoshone- Bannock Tribes plausibly have the authority to regulate the land use of David Evans, a nonmember of the Tribes, who owns land in fee simple within the Fort Hall Reservation.1 Acknowledging the general rule that tribes may not regulate nonmember conduct on such “non-Indian fee land,â€� the district court nevertheless held that the Tribes had a pla... More...    $0 (12-05-2013 - ID)

Appellant, Camas County, appeals an injunction granted by the district court against the enforcement of Camas County Ordinances 150 and 153, and Resolutions 96 and 103 (“2007 zoning amendmentsâ€�). Camas County challenges the standing of Plaintiff-Respondent, George Martin (“Martinâ€�), in light of this Court’s recent decision in Martin v. Camas County, 150 Idaho 508, 509–11, 248 P.3d 1243... More...    $0 (02-01-2013 - ID)

Kootenai County (the County) and Panhandle Health District No. 1 (the District) filed an action against Peggy Harriman-Sayler1 and Terry Sayler, seeking injunctive relief to prevent Sayler from operating a recreational vehicle (RV) park without a conditional use permit, from occupying or using a building without a certificate of occupancy, and from operating a subsurface sewage system without a pe... More...    $0 (12-20-2012 - ID)

This case comes before this Court on an appeal from a magistrate court’s determination on custody and visitation of minor children in a divorce proceeding. In a memorandum decision, the magistrate court awarded the parties joint legal custody of the children, with primary physical custody awarded to the mother. The father, Russell Peterson (Russell), alleges on appeal that the magistrate court a... More...    $0 (07-17-2012 - ID)

custody of the children, with primary physical custody awarded to the mother. The father, Russell Peterson (Russell), alleges on appeal that the magistrate court abused its discretion by awarding unequal visitation time to the mother, Laura Peterson (Laura), and by allowing the mother to move to Utah with the children. We affirm the decision of the magistrate court.

I. FACTUAL AND PROCEDURA... More...    $0 (08-01-2012 - ID)

This case concerns the appeal of Frank Ronald Marek and Gayle Marek (the Mareks) of the district court’s decision and judgment decreeing the locations of two boundary lines in dispute between the Mareks and Earl A. Lawrence and Sandra L. Lawrence (the Lawrences). As the deed at question in this appeal was unambiguous, we find that the district court impermissibly consulted evidence outside of th... More...    $0 (05-30-2012 - ID)

This is an appeal challenging the district court’s ruling that appellants were not the sole prevailing parties in this litigation. We affirm the judgment of the district court.

I.

Factual Background

Robert and Margaret Harvey (Defendants) own 220 acres of farmland on an elevated bluff that is near a section of an irrigation canal owned by the Lower Payette Ditch Company (Pla... More...    $0 (01-05-2012 - ID)

This case involves an ongoing dispute between Ron McCann (Ron) and his brother William McCann, Jr. (Bill) concerning the operation of McCann Ranch & Livestock Company, Inc. (Corporation), a closely-held corporation created by their father, William McCann, Sr. (William, Sr.). In 1997, William, Sr.’s shares passed to a trust set up to benefit his wife Gertrude McCann (Gertrude), with Gary Meisner ... More...    $0 (01-10-2012 - ID)

This is T.J.T., Inc.’s second appeal from a summary judgment in favor of Ulysses Mori, in which the district court found that the non-competition agreement Mori allegedly breached was unenforceable under California law. Because we find that the district court erred in failing to consider whether and to what extent the agreement could be “blue penciledâ€� to make it enforceable, we vacate the s... More...    $0 (11-30-2011 - ID)

This is an appeal from a judgment entered upon a jury verdict in favor of Stuart Mackay (Mackay) against Four Rivers Packing Co. (Four Rivers), finding that Four Rivers breached a contract for long-term employment. Four Rivers’ appeal challenges the sufficiency of the evidence to support the jury verdict, the adequacy of the trial court’s jury instructions regarding contract formation, and the... More...    $0 (07-28-2011 - ID)

This is an appeal from a summary judgment holding that the defendants violated restrictive covenants in a commercial development. Because the district court misapplied the applicable law, we vacate the judgment.

I.

Factual Background

Jacklin Land Company (Jacklin) owned real property near Interstate 90 in Post Falls that it developed into a commercial, professional, and indust... More...    $0 (06-29-2011 - ID)

At issue in this case is the interpretation of I.C. § 5-246, which provides for obtaining prescriptive overflow easements. Appellant Twin Lakes Canal Company (Twin Lakes) owns and operates Twin Lakes Reservoir. Respondents Warren Choules and Sessilee J. Choules, Trustee of the Choules Family Trust, (the Choules) own property subject to a prescriptive overflow easement obtained by Twin Lakes under... More...    $0 (05-27-2011 - ID)

Appellants challenge the district court’s refusal to allow the removal of trees within and adjacent to an access-road easement in favor of Appellants running over property belonging to their neighbors, the Comettos. Because there is substantial evidence that the trees do not unreasonably hinder maintenance or snow removal, the district court’s order is affirmed. The district court’s denial o... More...    $0 (05-26-2011 - ID)

This is an appeal from a judgment holding that the Plaintiffs are beneficiaries of a resulting trust in land titled in the names of the Defendants. We affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

In the late 1990’s, George and Joann Kelley wanted to purchase a 670-acre farm, but they had neither the cash nor the credit to do so. They persuaded a friend to purchase the farm,... More...    $0 (02-02-2011 - ID)

We determine whether federal courts have subject-matter jurisdiction to conduct review of administrative compliance orders issued by the Environmental Protection Agency pursuant to the Clean Water Act, 33 U.S.C. § 1319(a)(3), before the EPA has filed a lawsuit in federal court to enforce the compliance order. We join our sister circuits and hold that the Clean Water Act precludes pre-enforcement ... More...    $0 (09-17-2010 - ID)

Wayne Dawson appeals from various district court orders that resulted in John N. Bach receiving a three-quarter interest in certain real property. We remand the case to the district court for it to rule on Dawson‘s I.R.C.P. 60(b)(6) motion.

I.

On December 18, 2001, attorney Alva Harris, purportedly on behalf of Wayne Dawson and Jack Lee McLean,1 initiated a quiet-title action again... More...    $0 (06-04-2010 - ID)

Appellant, Ralph Henderson (Ralph), his deceased wife, Lena Henderson (Lena), along with Respondents, their son, Roger Henderson (Roger), and daughter-in-law, Lisa Henderson (Lisa), created a business known as Henderson Investment Properties, L.L.C. (HIP). The sole purpose of HIP was to operate a Jimmie John‟s Gourmet Sandwich Shop in Pocatello, Idaho. When forming HIP, all four parties signed a... More...    $0 (11-30--0001 - ID)

This is an appeal from a judgment on causes of action based upon Oregon statutes. We hold that the most significant relationship test applicable to a conflict of laws issue does not apply and that the district court did not err in allowing recovery based upon the Oregon statutes. We also hold that the district court did not err in granting summary judgment on those claims. We affirm the judgment o... More...    $0 (08-21-2009 - ID)

This appeal arises from a petition for judicial review concerning a county board’s denial of a subdivision application. Appellants Ed Terrazas and Jackie Weseloh (Applicants) appeal the district court’s order affirming Respondent Blaine County Board of County Commissioners’ (Board) decision denying Applicants’ subdivision application. We affirm the decision of the district court.

I.... More...    $0 (04-15-2009 - ID)

This is an appeal from a partial judgment holding that the University of Idaho Foundation is obligated to make payments under a contract between it and Civic Partners Idaho, LLC, and from the award of costs and attorney fees to the Capital City Development Corporation. We affirm the judgment of the district court and award attorney fees on appeal to the Capital City Development Corporation.
<... More...    $0 (12-10-2008 - ID)

In the late 1990s, Plaintiff United States and Intervenor Shoshone-Bannock Tribes ("the Tribes") approached Defendant FMC Corporation, a mining company operating in Idaho, about potential violations of federal and tribal environmental laws. FMC reached an agreement with each party. FMC agreed to pay the Tribes $1.5 million per year in lieu of applying for certain tribal permits. Concerning f... More...    $0 (06-27-2008 - ID)