Justia Real Estate & Property Law Opinion Summaries

This case presented the Idaho Supreme Court with a fundamental, but previously unanswered, question: what duty is owed by a hospital to someone who is on its premises solely to visit one of its patients? Summary judgment was entered against Victor Dupuis in a premises liability case brought against a hospital, Eastern Idaho Regional Medical Center. Dupuis was visiting his hospitalized wife in January 2017 when he slipped and fell on ice in the hospital’s parking lot. Dupuis sued the hospital, alleging inadequate snow and ice removal in the parking lot caused him to fall. Dupuis argued that the hospital had breached the duty of care it owed to him as an invitee. The district court granted the hospital’s motion for summary judgment, holding that Dupuis was a licensee, and the hospital did not have superior knowledge of the dangerous conditions over that of Dupuis, and, therefore, the hospital did not breach any duty owed to Dupuis. Dupuis appealed, arguing the district court erred in determining that he was a mere licensee, rather than an invitee, and that even if he were a licensee, the hospital assumed and subsequently breached a duty of care to keep the property in reasonably safe condition. The Supreme Court found Dupuis was an invitee, thereby reversing the district court’s grant of summary judgment, vacating the judgment entered, and remanding the case for further proceedings. View "Dupuis v. Eastern Idaho Health Services Inc." on Justia Law

The Estate of Frances Elaine Warren entered into a purchase and sale agreement with Tricore Investments, LLC involving real property near Priest Lake in Bonner County, Idaho. Before closing, the Estate sold the property to other buyers: John Stockton and Todd Brinkmeyer. Tricore filed a complaint against the Estate for breach of contract and violation of the Idaho Consumer Protection Act (“ICPA”), among other things, and sought specific performance of the purchase and sale agreement. The complaint also alleged that Stockton and Brinkmeyer tortiously interfered with the purchase and sale agreement and that the Estate, Stockton, and Brinkmeyer (collectively, “Appellants”) engaged in a civil conspiracy. The case proceeded to a bench trial where the district court found: (1) the purchase and sale agreement between the Estate and Tricore constituted a valid and enforceable contract; (2) the Estate breached the contract when it sold the property to Stockton and Brinkmeyer; (3) the Estate’s actions violated the ICPA; (4) Stockton and Brinkmeyer tortiously interfered with the contract; and (5) Appellants engaged in a civil conspiracy. The district court ordered specific performance of the contract but declined to award any additional damages. The Estate and Stockton jointly appealed; Brinkmeyer appealed separately. The Estate argued the purchase and sale agreement was not a valid, enforceable contract because it violated the statute of frauds and there was no meeting of the minds. In the alternative, the Estate argued it did not breach the contract because Tricore repudiated it, and it did not violate the ICPA. Stockton and Brinkmeyer argued they did not tortiously interfere with the purchase and sale agreement. Together, Appellants argued they did not engage in a civil conspiracy. The Idaho Supreme Court affirmed the district court’s grant of summary judgment for Tricore on the Estate’s statute of frauds defense. The Court also affirmed the district court's findings that: (1) the Estate breached the Tricore PSA; (2) the Estate violated the ICPA; and (3) Stockton and Brinkmeyer tortiously interfered with the Tricore PSA. The district court's finding that Appellants engaged in a civil conspiracy was reversed. As a result, the attorney fee award was affirmed only as it applied to the Estate from fees against Stockton and Brinkmeyer. Tricore was not entitled to monetary damages on the tortious interference claim. View "Tricore Investments LLC v. Estate of Warren" on Justia Law

Cases consolidated for review by the Idaho Supreme Court were appeals of three separate judgments ejecting three non-beneficiary parties from the property of an estate. The personal representative of the Estate of Victoria H. Smith (“the Estate”) brought three separate ejectment actions against the Law Office of Vernon K. Smith, LLC, and Vernon K. Smith Law, PC (collectively “VK Law”); David R. Gibson; and Vernon K. Smith, III (“Vernon III”), after each party refused his demands to vacate their respectively occupied properties. None of the parties were beneficiaries of the Estate. The district courts granted partial judgment on the pleadings in favor of the personal representative in all three actions, entering separate judgments ejecting Gibson, Vernon III, and VK Law from the Estate’s properties. On appeal, Appellants raised numerous issues relating to the personal representative’s authority to eject them from the properties. Ford Elsaesser, the personal representative of the Estate, argued on appeal that the district courts did not err in granting partial judgment on the pleadings because he had sufficient power over Estate property to bring an ejectment action on the Estate’s behalf. Finding no reversible error, the Supreme Court affirmed the district court. View "Elsaesser v. Gibson" on Justia Law

Appellants were five individuals and one Idaho limited liability company (collectively, “Plaintiffs”) who owned real property in the City of Boise (“City”) and paid ad valorem taxes to Ada County, Idaho. Plaintiffs brought an action in district court challenging ordinances the City passed that allocate tax increment financing (“TIF”) revenues to Capital City Development Corporation (“CCDC”), the City’s urban renewal agency. Specifically, the ordinances approved the allocation of TIF revenues for CCDC’s use in the Shoreline District Urban Renewal Project Area and Gateway East Economic Development District Project Area. Because Plaintiffs’ alleged injuries were solely predicated upon their status as taxpayers, the district court dismissed their complaint for lack of standing. On appeal to the Idaho Supreme Court, Plaintiffs alleged they had standing under Koch v. Canyon County, 177 P.3d 372 (2008), in which the Supreme Court held that no particularized harm was necessary to establish taxpayer standing where a violation of article VIII, section 3 of the Idaho Constitution was alleged. Because the Supreme Court determined here that, as a matter of law, the ordinances Plaintiffs challenged did not violate article VIII, section 3, it affirmed the judgment of the district court. View "Hoffman v. City of Boise" on Justia Law

In 2013, Tech Landing, LLC leased a building to JLH Ventures, LLC (“JLH”) to operate a paintball business. After the building burned down in 2017, Tech Landing sued JLH, alleging breach of contract, breach of the covenant of good faith and fair dealing, and negligence. The breach of contract and breach of the covenant of good faith and fair dealing claims involved payment of rent after the building was destroyed and the failure to insure the building against fire loss. Those claims were dismissed by stipulation of the parties and were not at issue here. With respect to its negligence claim, Tech Landing alleged the fire was caused by the negligence of JLH. After ruling certain opinions of Tech Landing’s expert witnesses were inadmissible, the district court granted summary judgment to JLH. After review, the Idaho Supreme Court affirmed the district court’s ruling on the admissibility of the expert opinions, but reversed its grant of summary judgment because there were genuine issues of material fact that had to be decided by a jury. View "Tech Landing LLC v. JLH Ventures LLC" on Justia Law

Respondent Mark Radford sued Appellant Jay Van Orden for damages from trespass of lands and trespass of cattle, among other claims, and also sued Appellant Seven J Ranches, Inc. (“Seven J”) for reimbursement for the construction of a partition fence pursuant to Idaho Code section 35-103. The two cases were later consolidated. Upon Van Orden’s motion for summary judgment, the district court determined that Radford had standing to sue Van Orden for trespass, even though Radford was not the property owner when the trespass occurred, because the previous property owner executed an assignment of claims to him. After a five-day bench trial, the district court found Van Orden was liable for trespass and awarded damages to Radford, and required Seven J to reimburse Radford for one half of a constructed partition fence. The district court also found Van Orden was not liable for trespass of cattle and ordered Radford to construct a gate at the southern edge of his property to allow Van Orden to access an easement that runs across Radford’s property. The district court determined Radford to be the overall prevailing party and awarded attorney fees only against Seven J. Van Orden and Seven J appealed the district court’s standing determination on summary judgment, the damages awarded against Van Orden on Radford’s trespass claim, the reimbursement awarded on the partition fence claim against Seven J, and the prevailing party determination for purpose of awarding attorney fees. Radford cross-appealed the district court’s denial of his claim for trespass of cattle damages and the district court’s requirement that he construct a gate for Van Orden at the edge of his property. Concerning Radford and Seven J’s appeal, the Idaho Supreme Court affirmed the district court’s rulings that: (1) Radford had standing; (2) Radford proved the trespass damages with reasonable certainty; (3) Radford’s partition fence notice to Seven J was sufficient and required Seven J to reimburse Radford for the fence; (4) Radford was the prevailing party against Seven J and was entitled to costs and reasonable attorney fees against Seven J. As to Radford’s cross-appeal, the Supreme Court affirmed the district court’s ruling that Radford was required to remove his fence across the prescriptive easement or install a gate for Van Orden’s ingress and egress. However, the Court reversed the district court’s decision denying Radford damages for trespass of cattle against Van Orden, and remanded with instructions to consider whether Van Orden was entitled to relief under his unjust enrichment theory. View "Radford v. Van Orden" on Justia Law

At issue was whether a prescriptive easement existed to provide road access and utilities to a land-locked parcel and mining claim on Lake Pend Oreille in northern Idaho. Matt and Bonnie Latvala purchased the land-locked parcel, known as “Sulphide South,” in 2015 and litigation soon followed. Following a four-day bench trial and site visit, the district court quieted a prescriptive easement to the Latvalas through and over what was known as South Camp Bay Road, as well as confirming and defining an express easement across another parcel known as “Sulphide North.” Some neighboring landowners appealed the district court’s judgment, arguing the court’s findings were not supported by substantial and competent evidence. These neighbors also argued the district court erroneously allowed the prescriptive easement to be unreasonably expanded. After review, the Idaho Supreme Court affirmed the district court’s determination that the use of the road at issue by Latvala’s predecessors in interest during the active mining years (1946 to 1954) created a prescriptive easement; however, the Court reversed the district court’s judgment expanding the scope of the easement.The district court’s award of costs to Latvala as the prevailing party was vacated and the matter remanded so that the district court could consider Latvala’s remaining claims about whether South Camp Bay Road was a public road and whether he has an easement by necessity. View "Latvala v. Green Enterprises Inc." on Justia Law

Lester McMillan bought a dilapidated house that Terry Asher and Pamela Kitchens (“the Ashers”) planned to repair. The parties orally agreed that the Ashers would perform certain repairs to make the house livable, rent the house from McMillan for five years, and then buy the house from McMillan. For reasons that were disputed, the sale was never consummated. However, the Ashers continued to live in the house, make improvements to the property, and pay monthly rent to McMillan. After relations between the parties soured, McMillan sued to evict the Ashers. The Ashers then sued McMillan for specific performance of the oral contract to convey or, in the alternative, restitution for the value of the improvements. The district court found the oral contract was unenforceable, but awarded the Ashers restitution for certain improvements. McMillan appealed, alleging the district court erred in determining that he was unjustly enriched and in determining the amount of restitution. The Idaho Supreme Court found the district court did not err, except for a minor miscalculation of the amount of restitution. View "Asher v. McMillan" on Justia Law

In 2018, Derik and Jessica Smith bought property next to Carl and Anita Owen. The Smiths erected a fence along the boundary defined in a survey that was completed as part of their purchase agreement. The Owens disputed the boundary established by the 2018 survey and filed a complaint seeking damages for trespass, deprivation of real and personal property that was in the disputed area, loss in property value, and inability to inhabit and enjoy the property. The Smiths counterclaimed for quiet title and an easement guaranteeing them access to a buried irrigation pipeline that crossed the Owens’ property. The parties each filed a motion for summary judgment. The district court granted the Smiths’ motion for summary judgment, holding the Owens had no right, title or interest in the disputed property and that the Smiths were bona fide purchasers with superior claim to any land described in their deed. The court also granted the Smiths permanent easement rights to the irrigation pipeline. The court dismissed the Owens’ claims for trespass and conversion of personal property. The Owens timely appealed to the Idaho Supreme Court. Finding no reversible error in the district court's judgment, the Supreme Court affirmed. View "Owen v. Smith" on Justia Law

Appellant Derrick Lingnaw, a registered sex offender, sought declaratory relief from the district court asking whether he could legally reside on his property. The district court found Lingnaw’s residence was within five hundred feet of property on which a school was located, as that term was used in Idaho Code section 18-8329(1)(d). The court thus denied Lingnaw’s request to enjoin the Custer County Sheriff, Stuart Lumpkin, from interfering with Lingnaw’s ability to reside on his property. The court also denied Sheriff Lumpkin’s request for attorney fees and costs. On appeal, the parties mainly disputed the district court’s finding that Lingnaw’s residence was within five hundred feet of a school. After review, the Idaho Supreme Court affirmed the district court's ruling that Lingnaw's property was within five hundred feet of property on which a school was located. Lingnaw raised a question of fact as to whether the building, ruled as a "school," was simply a gymnasium and building leased by the Bureau of Land Management (“BLM”); Lingnaw argued the plain meaning of “school” required some form of traditional educational instruction. The trial court found “that the gymnasium, as contemplated by the statute, is a school building utilized by the school for school functions on a regular basis . . . for sporting events and other school activities. And children are coming and going from that building on a regular basis.” Because it was “clear from the evidence” that Lingnaw’s property fell “well within” five hundred feet or the buildings’ property line, the district court found that Lingnaw lived within five hundred feet of a school. To this, the Supreme Court concurred. The district court's judgment was affirmed in all other respects. View "Lingnaw v. Lumpkin" on Justia Law