Marty v. State of Idaho case brief
786 P.2d 524 (Idaho 1989)
SYNOPSIS:
Appellant landowners sought review from the District Court of the Seventh Judicial District of the State of Idaho, Jefferson County, which entered a judgment in favor of appellees, various governmental agencies, canal companies, and water users, in an action seeking damages and injunctive relief.
OVERVIEW: The landowners' properties flooded, and the landowners filed an action against the governmental agencies, canal companies, and water users. A lower court found against the landowners. On appeal, the court affirmed the judgment, except as to the claim for inverse condemnation.
HOLDING:
The court held that Idaho Code § 42-1717 provided the governmental agencies with immunity because the damages had been caused by measures taken to control and regulate a dam or to protect against failure of any dam during an emergency.
ANALYSIS:
-The flood control district had immunity under Idaho Code § 6-904 because any negligence that contributed to the flooding constituted planning and was discretionary.
-The landowners were entitled to pursue a claim for inverse condemnation as it related to the doctrine of public necessity.
-The canal companies and the water users did not breach a duty owed to the landowners to prevent the flooding.
-The lower court did not abuse its discretion in denying the landowners' request for an injunction because there was no breach of any duty in authorizing the watermaster to divert excess water away from a lake.
OUTCOME: The court affirmed the judgment of the lower court, except as to the claim for inverse condemnation, on which the lower court's summary judgment order was reversed and remanded.
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786 P.2d 524 (Idaho 1989)
SYNOPSIS:
Appellant landowners sought review from the District Court of the Seventh Judicial District of the State of Idaho, Jefferson County, which entered a judgment in favor of appellees, various governmental agencies, canal companies, and water users, in an action seeking damages and injunctive relief.
OVERVIEW: The landowners' properties flooded, and the landowners filed an action against the governmental agencies, canal companies, and water users. A lower court found against the landowners. On appeal, the court affirmed the judgment, except as to the claim for inverse condemnation.
HOLDING:
The court held that Idaho Code § 42-1717 provided the governmental agencies with immunity because the damages had been caused by measures taken to control and regulate a dam or to protect against failure of any dam during an emergency.
ANALYSIS:
-The flood control district had immunity under Idaho Code § 6-904 because any negligence that contributed to the flooding constituted planning and was discretionary.
-The landowners were entitled to pursue a claim for inverse condemnation as it related to the doctrine of public necessity.
-The canal companies and the water users did not breach a duty owed to the landowners to prevent the flooding.
-The lower court did not abuse its discretion in denying the landowners' request for an injunction because there was no breach of any duty in authorizing the watermaster to divert excess water away from a lake.
OUTCOME: The court affirmed the judgment of the lower court, except as to the claim for inverse condemnation, on which the lower court's summary judgment order was reversed and remanded.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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