Locke Lord Secures Ruling in Favor of HAL Pacific Properties in Supreme Court of Idaho

Locke Lord’s Susan Kidwell (Austin) secured a ruling by the Supreme Court of Idaho in favor of HAL Pacific Properties (HAL) in its appeal of a district court’s decision granting two landowners an easement by necessity upon HAL’s property for access to their three merged, land-locked parcels. HAL’s appeal of the ruling, which followed cross-motions for summary judgment, a motion for reconsideration and bench trial, contended the district court erred by denying its statute of limitations defense and improperly determining the location and width of the easement. The Court vacated the district court’s judgment and reversed its decisions, ruling HAL was the prevailing party on appeal and entitled to costs as a matter of right.
Posted on January 5, 2022