Stafford v. Weaver, 136 Idaho 223

Summary

The Idaho Supreme Court affirmed summary judgment for Max Weaver, holding that the parties had established the disputed property boundary by agreement through their survey, fencing, improvements, and conduct. The court awarded Weaver costs on appeal but denied attorney fees because Stafford's appeal was not frivolous.

Holdings

1. Summary judgment for Weaver was proper because the parties' jointly obtained survey, construction and treatment of the fence as the boundary, and Weaver's improvements to the lane established an express or implied agreement fixing the boundary, with no genuine issue of material fact.
2. The prior decision in Weaver v. Stafford applied only to the southwest boundary and did not preclude the parties' agreement establishing the boundary between Stafford's property and Weaver's private lane.
3. Weaver was not entitled to attorney fees on appeal because Stafford's challenge to the application of boundary by agreement was not frivolous.

Questions Presented

1. Whether the undisputed facts established a boundary by agreement between Stafford's property and Weaver's private lane.
2. Whether the prior decision in Weaver v. Stafford required the entire boundary to be determined by the metes-and-bounds descriptions in the parties' deeds under res judicata.
3. Whether Weaver was entitled to attorney fees on appeal under Idaho Code section 12-121.

Disposition

affirmed