Henry F. McQuade

The case concerned whether holders of a promissory note secured by a deed of trust on Idaho real property could obtain a personal money judgment on the note without first foreclosing on the property through judicial action or power of sale. The sellers had sold property to the buyers, who defaulted on the secured note, and the district court granted summary judgment allowing recovery on the note alone without valuing the security. The Idaho Supreme Court held that the single-action statute, I.C. § 6-101, which requires exhaustion of security before a personal judgment in mortgage cases, does not apply to deeds of trust. The court reasoned that the 1967 Trust Deeds Act created a distinct statutory scheme permitting beneficiaries to choose between power-of-sale foreclosure and judicial foreclosure as for mortgages, thereby allowing an action on the note without prior exhaustion of the security.

propertyprocedure

In Marcher v. Butler, a cleaning employee sued the condominium owner after falling on fan-shaped stairs lacking handrails, alleging negligence in the design and condition of the premises. The district court granted summary judgment to the defendant, concluding the stairs were open, visible, and not shown to violate any duty or code. The Idaho Supreme Court reversed on appeal, first addressing the procedural validity of the plaintiff's post-judgment motion and then holding that genuine issues of material fact existed on breach of duty and causation, which must be resolved by a jury under applicable state precedent.

torts & liabilityprocedure

This case involved a dispute over whether the Idaho Water Resource Board could pursue a joint hydroelectric project on the Snake River with Idaho Power Company, including applying for a Federal Power Commission license. The Board's secretary refused to sign the joint application as directed by the Board, leading to a mandamus action to compel his signature. The trial court granted the writ, and the Idaho Supreme Court affirmed, holding that the Board's constitutional and statutory authority to formulate and implement water resource plans, construct projects, and generate hydroelectric power permitted the joint venture and related actions. The court reasoned that the Board's powers, enacted after a 1964 constitutional amendment, encompassed the proposed development as being in the public interest for optimum water use. The decision directed the secretary and successors to execute the application.

environmentbusiness & regulatoryfederal power

The case involved Jean Goodrich, who was convicted by a jury of second-degree murder for fatally shooting her ex-husband Brent Goodrich in her home in October 1973. Goodrich claimed she mistook him for her recently divorced and abusive husband Blaine Bolles, whom she feared, and that the shooting occurred in a frightened state without turning on lights or wearing her glasses. The trial court denied her motions to dismiss and for a new trial, sentencing her to life imprisonment after a presentence investigation and mitigation hearing. On appeal, the Idaho Supreme Court reversed the conviction and remanded for further proceedings, addressing issues including the admissibility of certain testimony and compliance with procedural rules for jury instructions and sentencing.

criminal lawprocedure

The case involved V-1 Oil Company challenging a 1973 personal property tax assessment by the Bannock County Assessor, who tripled the prior year's valuation after the company submitted an incomplete declaration and denied access to its premises for inspection. The company filed a declaratory judgment action in district court seeking to void the assessment and related tax commission regulations, but the district court granted summary judgment to the defendants. The Idaho Supreme Court affirmed, holding that the taxpayer failed to exhaust available administrative remedies before the county board of equalization, as required by statute and prior precedent, because the assessor had authority to make a best-judgment valuation and no notation barred equalization review. The court found no basis to conclude the assessment lacked statutory support and declined to address the tax commission regulations due to lack of briefing.

taxesprocedure

The case involved a dispute over the division of marital personal property consisting of securities and bank accounts following a divorce. The husband obtained a default divorce in Idaho after moving there from New Jersey, but the decree did not address the property in question because it was not requested in the complaint. The wife sued in Idaho seeking an equitable division under New Jersey law, where the marriage was domiciled. The trial court dismissed the action on grounds of comity and res judicata, but the Idaho Supreme Court reversed, holding that the default judgment did not adjudicate the property rights and remanded for division according to New Jersey law at the time of the divorce.

family lawpropertyprocedure