Developers must step carefully after Idaho Supreme Court impact fee decision 
POSTED: Wednesday, April 10, 2013 at 10:06 PM PTBY: Sean Olson
Tags: development, Idaho Supreme Court, impact fees, lawsuit, The Meadows
Developers will need to exercise more caution when negotiating for impact fees in Idaho after a March 29 state Supreme Court decision. The court clarified an existing Idaho law, ruling unanimously that developers who voluntarily enter into an impact fee agreement with local governments do not have all the protections of the Idaho Development Impact [...]
Meridian loses city hall appeal, owes nearly $2 million to contractor
POSTED: Monday, April 1, 2013 at 05:07 PM PTBY: Sean Olson
Tags: City of Meridian, Construction, contractor, Idaho Supreme Court, Meridian City Hall, Petra Inc.
The Idaho Supreme Court on April 1 upheld a lower court decision to force the city of Meridian to pay its city hall contractor nearly $2 million in excess compensation and attorney fees. The court ruled unanimously that contractor Petra Inc. was entitled to more compensation under the contract it signed with the city, despite [...]
Church nonprofit suing for property tax exemption on nursing operation
POSTED: Monday, March 25, 2013 at 03:10 PM PTBY: Sean Olson
Tags: Ada County Board of Equali, Good Samaritan Society, Idaho Supreme Court, lawsuit, property tax
A religious nonprofit is headed to court to protest an Ada County decision to charge the group property taxes on one of its holdings. The Evangelical Lutheran Good Samaritan Society has asked an Ada County District Court judge to review an Ada County Board of Equalization decision that the nonprofit, which provides hospice care, senior [...]
Court upholds right of faith-based health cost programs to operate
POSTED: Thursday, February 28, 2013 at 10:00 AM PTBY: Sean Olson
Tags: Affordable Care Act, Altrua HealthShare, Holland and Hart, Idaho Department of Insurance, Idaho Supreme Court
An Idaho Supreme Court decision this month will enable health care cost sharing organizations to operate in the state. They present an inexpensive but risky option for meeting the coming federal insurance mandate. The Supreme Court on Feb. 25 overturned an Ada County district court decision that held Altrua Healthshare, a national faith-based health share [...]
Baseball decision: Inherent risk no guarantee of protection for businesses
POSTED: Wednesday, February 27, 2013 at 01:14 PM PTBY: Sean Olson
Tags: Idaho Supreme Court, lawsuits, risk
Memorial Stadium in Garden City. Photo courtesy Scott McDaniel. The Idaho Supreme Court’s decision not to institute the “Baseball Rule” to immunize Idaho’s stadiums from injury liability will garner attention. But the second part of the decision affects business owners more. On that issue, the Supreme Court held that “primary implied assumption of risk” cannot [...]
Cattle industry groups duke it out for lien supremacy
POSTED: Wednesday, December 12, 2012 at 12:37 PM PTBY: Sean Olson
Tags: cattle feed, dairy, Farmers National Bank, Green River Dairy, Idaho Supreme Court, lawsuit, liens
An upcoming Idaho Supreme Court decision has large stakes for cattle owners, banks and feed producers, who find themselves pitted against one another over liens on livestock. The Supreme Court, hearing an appeal from a Twin Falls County district court decision, will decide whether Farmers National Bank should have first priority in recovering debt from [...]
Even the court expects you to have clean hands
POSTED: Sunday, October 21, 2012 at 09:36 PM PTBY: Molly O'Leary
Tags: Idaho Supreme Court
Our legal system is based on the common law passed down to us from merry ol’ England. In addition to express rules (statutes) that one can research in the Idaho Code and regulations enacted by state agencies such as the Idaho Department of Environmental Quality found in the Idaho Administrative Code, the law of the land [...]
Idaho Supreme Court rules visibility isn’t worth anything to businesses
POSTED: Wednesday, July 18, 2012 at 09:22 AM PTBY: Sean Olson
Tags: Eminent Domain, Holiday Inn, Idaho Supreme Court, Idaho Transportation Department, Vista
The Idaho Supreme Court has upheld that businesses in Idaho can’t seek damages from the state for a loss of visibility in their locations. The court ruled that the former airport Holiday Inn in Boise could not claim business losses to the tune of $7.5 million after it lost a small strip of land to [...]
Young child can recover for emotional distress, rules Idaho Supreme Court
POSTED: Monday, April 23, 2012 at 10:48 AM PTBY: Pat Murphy
Tags: Idaho Supreme Court
An 18-month-old girl did not have to suffer physical injuries in an automobile accident in order to recover damages for emotional distress, the Idaho Supreme Court has ruled in affirming judgment. The plaintiff was involved in a car accident when a rear wheel came off his vehicle without warning. The plaintiff’s live-in girlfriend was killed [...]
Hold-harmless clause protects climbing wall operator, rules Idaho Supreme Court
POSTED: Wednesday, April 4, 2012 at 08:34 AM PTBY: Pat Murphy
Tags: Idaho Supreme Court, Northwest Nazarene University
A hold-harmless agreement protected the operator of a climbing wall from liability for injuries suffered by a plaintiff while engaged in the activity at the behest of his employer, the Idaho Supreme Court has ruled in affirming judgment. The plaintiff and his co-workers participated in a team-building program arranged by their employer, Northwest Nazarene University in [...]
