Kepler-Fleenor v. Fremont County, 152 Idaho 207

Summary

The Idaho Supreme Court affirmed summary judgment holding that an unnamed road in the Sawtelle Mountain Subdivision was dedicated to public use by common law dedication. The court held that the subdivision plat unambiguously dedicated all roads to the public and that an engineer's affidavit offered with a motion for reconsideration was inadmissible parol evidence. The court awarded Fremont County costs but denied attorney's fees.

Holdings

1. The motion for reconsideration and accompanying affidavit were timely under Idaho Rule of Civil Procedure 11(a)(2)(B); Rule 56(c)'s deadline for affidavits opposing summary judgment did not govern evidence submitted with a motion to reconsider the summary judgment order.
2. The district court correctly excluded the affidavit because it was inadmissible parol evidence offered to vary the terms of an unambiguous subdivision plat.
3. The Sawtelle Mountain Subdivision plat unambiguously dedicated the disputed road to public use by common law dedication.
4. Fremont County was not entitled to attorney's fees under Idaho Code section 12-117 or section 12-121 because the appeal presented a legitimate legal question and section 12-117 was the exclusive fee provision applicable to the County.

Questions Presented

1. Whether the district court properly struck the engineer's affidavit submitted with the motion for reconsideration.
2. Whether the Sawtelle Mountain Subdivision plat unambiguously dedicated the disputed road to the public by common law dedication.
3. Whether Fremont County was entitled to attorney's fees on appeal.

Disposition

affirmed