Ada County Highway District v. Smith

749 P.2d 497, 113 Idaho 878, 1988 Ida. App. LEXIS 182
CourtIdaho Court of Appeals
DecidedJanuary 26, 1988
DocketNo. 16573
StatusPublished
Cited by4 cases

This text of 749 P.2d 497 (Ada County Highway District v. Smith) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ada County Highway District v. Smith, 749 P.2d 497, 113 Idaho 878, 1988 Ida. App. LEXIS 182 (Idaho Ct. App. 1988).

Opinion

SWANSTROM, Judge.

This is the second appeal in this case. Ada County Highway District (ACHD) originated this action to abate a drainage water nuisance. The district court’s holding in favor of ACHD was affirmed in the first appeal. Ada County Highway Dist. v. Smith, 108 Idaho 327, 699 P.2d 427 [879]*879(1985) (Smith I). However, the case was remanded with specific directions clarifying the duties and obligations between the defendants, the Smiths and Kirby. Following remand, the district court found that Kirby had fulfilled his obligation to replace a subdivision drainage pond of sufficient capacity to control discharges of surface drainage water onto the adjoining property of the Smiths. Ada County Highway District was directed to install a pipe and culvert — at the Smiths’ expense — which would allow drainage water to flow onto the Smiths’ property. The Smiths appeal, contending that Kirby has not constructed a pond with the capacity ordered by the Supreme Court’s remand directive. They claim that their property will be subjected to greater flows of drainage water than it received before Kirby’s subdivision was built. The general issue is whether the district court’s findings are in conformance with the Supreme Court’s mandate on remand. We affirm.

As recited in Smith I, Kirby, through his company, Transwestem, Inc. (hereinafter Kirby), developed Ruby Subdivision in Ada County on land bordering the Smiths’ property near the Boise River. Originally, a pond had been designed and constructed as part of the approved subdivision plan to substitute for a natural water collection area on the developed tract. The pond was located next to the Smiths’ eastern boundary at the low point of the subdivision property. A private roadway ran along the Smiths’ side of the boundary. There was a twelve or fifteen-inch metal culvert beneath the roadway immediately opposite the pond. Underground street drains throughout the subdivision flowed into the pond.

After homes had been built near the pond and sold, owners complained about mosquitos, odors and possible hazards of the pond. In response Kirby replaced the pond with an underground “siltation tank” by backfilling the pond with coarse material which was supposed to accommodate a large volume of water from the drainage system. Excess irrigation water from higher adjacent farm lands as well as surface drainage and storm water from the subdivision went into this system and was discharged through the culvert onto the Smiths’ property. The Smiths, contending these discharges were greater and more continuous than they had been historically, removed the culvert beneath their private roadway. This caused the drainage system to back up, flooding streets in the subdivision.

In the action brought by ACHD, the court decided that the former pond apparently had been successful — at least in avoiding excessive discharges of water onto the Smiths’ property. As recited in Smith I, the district court’s original judgment ordered Kirby to reconstruct a detention pond which would “hold and retain at least 18,000 cubic feet of storm drainage water.” Ada County Highway Dist. v. Smith, supra, at 328, 699 P.2d at 428 (emphasis added). The Supreme Court affirmed this order but remanded to clarify that Kirby was the only party obligated to construct the pond and that the Smiths have no obligation to accept water onto their property until the pond “is in place and is in fact accommodating 18,000 cubic feet of water.” Id. at 328, 699 P.2d at 428.

Kirby constructed a detention pond. Its facial dimensions show a capacity slightly exceeding 18,000 cubic feet if the pond could be filled to the top of its banks. Evidence at the show cause hearing on remand, however, indicated that the pond would,' at best, hold only 16,900 cubic feet because the elevation of a nearby street drain was lower than the banks of the pond. Even this capacity for “storm drainage water” is suspect because of the likelihood that the pond accumulates groundwater which decreases the capacity for receiving surface drainage water. The evidence shows that the groundwater level fluctuates throughout the year generally reaching its highest level in late summer because of extensive use of irrigation water on higher properties during the farming season. On the other hand, the evidence also indicated that the subdivision’s entire drainage system, including pipes, the pond, and other appurtenances, provided a total holding capacity in excess of 18,000 cubic [880]*880feet. Based upon this “system” approach, the district court determined that Kirby had satisfied his obligation to hold and retain 18,000 cubic feet of water. The Smiths were not satisfied. They appealed again, contending that the district court’s order did not comply with the Supreme Court’s directive on remand.

Once an appellate court has stated a legal principle and has resolved an issue by application of that principle, it becomes the law of the case. The trial court cannot alter the outcome of that issue. E.g., Suitts v. First Sec. Bank of Idaho, N.A., 110 Idaho 15, 713 P.2d 1374 (1985). Therefore, when an appellate court remands a matter back to the trial court, the trial court’s further actions are directed by the terms of the mandate. See Jordan v. Jordan, 132 Ariz. 38, 643 P.2d 1008 (1982) (stating the general rule but noting an exception not applicable here); Vinton Eppsco, Inc. v. Showe Homes, Inc., 97 N.M. 225, 638 P.2d 1070 (1981).

The records of the 1983 trial and the 1986 show cause hearing are before this Court on appeal. At the trial an engineer testified that the original pond was designed to hold 13,500 cubic feet of water with a water depth of one and one-half feet. At this designed capacity the water surface would be six inches below the top of the banks. However, if the pond was filled to the top of its banks, it would hold 18,000 cubic feet. This explains the trial court’s finding that the “intended capacity was approximately 13,500 cubic feet of water with a maximum capacity of 18,000 cubic feet of water.” Engineering testimony at the trial established that the original pond was not intended, designed or built to “retain” — that is, hold indefinitely — 18,000 cubic feet of storm drainage water. Rather, the pond was designed to “retain” at least 9,000 cubic feet of water.

This apparent discrepancy as to the designed capacity of the original pond was explained. The designers were anticipating “five year” storms that produced an estimated volume of water on the subdivision with predictable regularity. Historically, some of this water would run quickly onto the Smith property, some would be “detained” on the subdivision lands for short periods of time before running off and some would be absorbed. The subdivision drainage system was intended to replicate —and even to lessen — the historic flows. Thus, there was testimony by an engineer at trial that the original pond was designed to “retain” 9,000 cubic feet of water from one of these “five year” storms. The entire drainage system, including the pond, was designed to “detain” a larger volume of water for a short period of time so that part of the storm waters would be delayed and controlled in the runoff process.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ferguson v. City of Orofino
953 P.2d 630 (Idaho Court of Appeals, 1998)
Stuart v. State
801 P.2d 1216 (Idaho Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
749 P.2d 497, 113 Idaho 878, 1988 Ida. App. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ada-county-highway-district-v-smith-idahoctapp-1988.