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   State Courts - Idaho - December 21 - December 22, 2006

  
Country Cove Dev., Inc. v. May, Docket No. 31536, 2006 Opinion No. 113, SUPREME COURT OF IDAHO, December 21, 2006, Filed
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Overview: Sister's false statement that her husband would commit suicide if the brother and his wife did not agree to the terms of a contract was too vague and insubstantial to constitute duress because of the lapse of time, the opportunity to determine the reality of the threat, and the fact that plaintiffs' were represented by counsel.

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Park v. Banbury, Docket No. 32861, 2006 Opinion No. 112, SUPREME COURT OF IDAHO, December 21, 2006, Filed
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Overview: Pursuant to Idaho Code § 63-511, district court lacked subject matter jurisdiction over landowners' claims due to their failure to exhaust administrative remedies; the landowners' claims that the county assessor improperly assessed properties by neighborhood and utilized other improper procedures were challenges within the administrative framework.

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Ransom v. Topaz Mktg., L.P., Docket No. 32146, 2006 Opinion No. 114, SUPREME COURT OF IDAHO, December 22, 2006, Filed
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Overview: In a trespass action arising from the construction of a road over an easement, a remand was necessary because a district court failed to distinguish between permissible and excessive actions or find whether the damages were permanent or temporary. Further, nominal damages of $35,000 were reversed because they were not trifling in nature.

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State v. Zueger, Docket No. 31761/33071, 2006 Opinion No. 115, SUPREME COURT OF IDAHO, December 22, 2006, Filed
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Overview: Where a telephonic warrant was signed by a prosecuting attorney at the direction of a magistrate judge, this procedural defect under Idaho Code Ann. § 19-4406 did not call into question the finding of probable cause to justify issuance of the warrant. The district court erred by granting defendant's motion to suppress.

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