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| Andrae v. Idaho Counties Risk Mgmt. Program Underwriters, Docket No. 33250, 2007 Opinion No. 141,
SUPREME COURT OF IDAHO, December 27, 2007, Filed
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Overview: Summary judgment was properly granted to an insurer in a coverage dispute because Idaho Code Ann. § 41-2502 did not apply to underinsured motorist claims; moreover, an injured party was not "occupying" his vehicle when he got out to deal with a traffic incident.
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| Hernandez v. Triple Ell Transp., Inc., Docket No. 33592, Opinion No. 139,
SUPREME COURT OF IDAHO, December 27, 2007, Filed
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Overview: Decision by the Idaho Industrial Commission that a claimant was an independent contractor and ineligible to receive benefits was supported by substantial evidence and affirmed; a referee did not use 49 C.F.R. § 376.12(c)(4) to supplant state law and instead cited federal rules simply to explain their effect on the control test's application.
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| Lane Ranch P'ship v. City of Sun Valley, Docket No. 33423, Opinion No. 138,
SUPREME COURT OF IDAHO, December 27, 2007, Filed
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Overview: A city abused its discretion for purposes of Idaho Code Ann. § 67-5279(3)(e) by unreasonably interpreting its municipal ordinances with regarding to an applicant's request for a private road under the ordinances; the applicant was properly awarded fees, plus costs and fees on appeal under Idaho Code Ann. § 12-117.
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| McCabe v. JO-ANN Stores, Inc., Docket No. 33675, 2007 Opinion No. 142,
SUPREME COURT OF IDAHO, December 27, 2007, Filed
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Overview: An industrial commission did not err in finding that an employee failed to prove entitlement to a disability rating under Idaho Code Ann. § 72-425 in excess of her uncontested permanent impairment rating; the commission considered the non-medical factors in Idaho Code Ann. § 72-430 and the employee did not meet her burden of proof.
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| Neighbors for a Healthy Gold Fork v. Valley County, Docket No. 33552, 2007 Opinion No. 140,
SUPREME COURT OF IDAHO, December 27, 2007, Filed
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Overview: Valley County Board of Commissioners (Board) afforded neighbors adequate opportunity to be heard. Under Idaho Code § 67-6519(2), Board did not err in approving developer's preliminary plat. Board did not act arbitrarily and capricious and substantial evidence supported its decision. Neighbors were not entitled to attorney fees, Idaho Code § 12-117.
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