Andrew and Kimberly Kirk v. Ann B. Wescott

Summary

The Idaho Supreme Court reviewed a quiet-title action concerning a temporary access easement across Lot 7 for the benefit of Lot 8. The court held that the easement deed was unambiguous and that the district court erred in interpreting its termination provisions on summary judgment without allowing the parties to present extrinsic evidence of intent. The judgment of the district court was reversed.

Holdings

1. The court declined to address the issue because the Kirks had not presented it to the district court and there was no adverse lower-court ruling on it.
2. The easement deed was unambiguous, and its plain language required the owner of Lot 8 to quitclaim the easement back to Lot 7 within one year after delivery of the deed. Because the deed was delivered in 2000, the one-year period had expired.
3. Wescott was not entitled to attorney fees because reversal of the district court judgment meant she was no longer the prevailing party.
4. Wescott was not entitled to attorney fees on appeal because she did not prevail on appeal.

Questions Presented

1. Whether the access easement was void for lack of an adequate legal description.
2. Whether the district court improperly interpreted the access easement on summary judgment.
3. Whether Wescott was entitled to attorney fees under Idaho Code section 12-121.
4. Whether Wescott was entitled to attorney fees on appeal under Idaho Code section 12-121.

Disposition

reversed_and_remanded