The Idaho Supreme Court issued its opinion for Lattin v. Adams County, Docket No. 35768 on July 14, 2010. Pickens argued for the Plaintiffs/Respondents, asserting that the 3rd Judicial District of the State of Idaho, Adams County had properly granted the Plaintiffs/Respondents’ motion for summary judgment.
Terri argued that summary judgment was proper because Adams County completely failed to comply with the Idaho Road Creation Statute and failed to prove that the road in question had ever been dedicated to public use.
In a unanimous opinion, the Court agreed with Terri and determined that the grant of summary judgment was proper. The Court found that Adams County had not complied with Idaho’s Road Creation Statute, in fact there was no evidence that it had ever attempted to comply with the road creation statute; Adams County never initiated validation proceedings and failed to maintain the road for the requisite 5 years (in fact, the Idaho Supreme Court pointed out that Adams County failed to demonstrate that it had ever maintined the road). The Court also determined that the road had never been dedicated to public use. Due to the lack of any legal or factual basis for bring the appeal, the Court awarded fees attorney’s fees to the Respondents.
Congratulations to Terri for another success in front of the Idaho Supreme Court.