Bedard & Musser v. City of Boise

This is an easement dispute between two adjoining landowners and a claim to quiet title. Plaintiffs Bedard and Musser, and Boise Hollow Land Holdings, RLLP (collectively, Boise Hollow) filed suit against Boise City seeking a declaration that they: (1) hold an access easement over part of Quail Hollow Golf Course pursuant to a recorded Permanent Easement Agreement; and (2) were entitled to expand the easement area to comply with certain requirements of the Ada County Highway District so that it can be dedicated as a public road. The district court rejected Boise Hollow’s position on summary judgment, finding that the agreement did not create an easement because the entity which purported to grant the easement across the golf course property had only a leasehold interest at the time the agreement was signed. Moreover, the same party owned both the land where the easement was located (the servient estate) and the land to which the easement was appurtenant (the dominant estate). The district court further found that any access that was granted by the lessor under the agreement terminated when the leasehold was terminated by an express agreement. The district court entered judgment in favor of Boise City. Finding no reversible error in that judgment, the Idaho Supreme Court affirmed the district court. View "Bedard & Musser v. City of Boise" on Justia Law