Albee v. Judy

31 P.3d 248, 136 Idaho 226, 2001 Ida. LEXIS 97
CourtIdaho Supreme Court
DecidedAugust 20, 2001
Docket26122
StatusPublished
Cited by21 cases

This text of 31 P.3d 248 (Albee v. Judy) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Albee v. Judy, 31 P.3d 248, 136 Idaho 226, 2001 Ida. LEXIS 97 (Idaho 2001).

Opinions

TROUT, Chief Justice.

This is an appeal from the district court’s grant of partial summary judgment in favor of John and Phyllis Albee (“the Albees”), obligating the City of Coeur d’Alene (“the City”) to provide water service to their property, and grant of partial summary judgment in favor of the City dismissing the Albees’ cause of action for violation of civil rights pursuant to 42 U.S.C. § 1983 and attorney’s fees under 42 U.S.C. § 1988.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The Albees own Lots 6 and 7 in Block One of the subdivision Springview Terrace, in Kootenai County. The subdivision and property are outside the municipal boundaries of the City of Coeur d’Alene.

The Springview Terrace subdivision was developed during the 1960’s. In order to obtain a water supply for the subdivision, MC Inc. (“Developer”) sought an extension of a water pipeline from Idaho Water Company. At that time, Idaho Water Company was the public water utility holding a franchise for the area where the subdivision was located. On January 22, 1965, Idaho Water Company and the Developer entered into an agreement (“1965 Agreement”) wherein Idaho Water Company agreed to extend a water main to the proposed subdivision. In exchange, the Developer agreed to pay a portion of the cost, perform excavation, lay pipe and backfill the area. The 1965 Agreement also provided that Idaho Water Company would refund a portion of the money paid by the Developer for each connection to the water main for the first five years, not to exceed $4,923.60. Upon completion, the water main was turned over to Idaho Water Company to become part of their water distribution system. On December 19, 1968, the Kootenai County Commissioners and the Kootenai Health Officer approved the Springview Terrace subdivision, and the Kootenai County Recorder recorded the plat.

On December 28,1974, the City purchased the water company property of the Idaho Water Company’s Coeur d’Alene division. Following the purchase of the water company, the City continued to provide water service to those lots that had been previously connected.

In 1981, the Albees purchased Lot 6 in Springview Terrace, which had an existing house and a complete water system connected to the main water line.

In 1982, the City adopted Resolution 82-61, which outlined the City’s policy concerning water services to property outside the municipal boundaries. Pursuant to the Resolution, the City included the Water Service Area and Main Extension Policies in the rules and regulations for the operation of the City water department. Resolution 82-61 provides, in part, that the City’s water services would not be extended beyond the municipal boundaries unless the property fell within one of the enumerated exceptions to the policy.

In 1986, the Albees purchased Lot 7 in Springview Terrace. Lot 7 did not, and does not, have a complete water system installed. On June 4,1997, the Albees made application to the Mayor and Council of the City of Coeur d’Alene for permission to connect to the water main adjacent to Lot 7. The City Council denied the Albees’ request.

On May 10, 1999, the Albees filed a complaint against the City, its Mayor and City Council, alleging the City is obligated, as purchaser of the Idaho Water Company, to provide water service to the Albees’ property. The Albees further claimed the denial of [229]*229a water connection for their property is a violation of 42 U.S.C. § 1988 and entitles them to attorney’s fees under 42 U.S.C. § 1988. The Albees subsequently filed a Motion for Summary Judgment and on July 27, 1999, the district court heard oral argument on the motion. The district court issued its Memorandum Opinion and Order on August 13, 1999, granting the Albees’ Motion for Summary Judgment concerning water service but dismissing the claims arising under 42 U.S.C. §§ 1983 and 1988. The City filed a Motion to Reconsider which was denied from the bench. The City then filed its Notice of Appeal to this Court.

II.

STANDARD OF REVIEW

This Court’s review of a trial court’s ruling on a motion for summary judgment is the same standard used by the trial court in originally ruling on the motion. Sun Valley v. Rosholt, Robertson & Tucker, 133 Idaho 1, 3, 981 P.2d 236, 238 (1999) (citing Friel v. Boise City Hous. Autk., 126 Idaho 484, 887 P.2d 29 (1994)). Pursuant to I.R.C.P. 56(c), summary judgment must be granted when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” This Court liberally construes the record in favor of the party opposing the motion for summary judgment and draws any reasonable inferences and conclusions in that party’s favor. Id. at 4, 981 P.2d at 239, (citing Farm Credit Bank of Spokane v. Stevenson, 125 Idaho 270, 869 P.2d 1365 (1994)). If the evidence reveals no disputed issues of material fact, what remains is a question of law, over which this Court exercises free review. Farm Credit Bank of Spokane, 125 Idaho at 272, 869 P.2d at 1367.

hi.

DISCUSSION

A. The district court properly granted summary judgment in favor of the Al-bees, obligating the City to provide water to Lot 7.

The district court granted summary judgment, requiring the City to provide water service to the Albees’ property, based on City Resolution 82-61, which incorporated Exhibit B including Paragraph 9, which states:

No new water service shall be provided to property outside the City limits except for that property having prior approval in the form of a subdivision, with complete water system installed, (approved prior to February 3, 1981), consumer orders, property abutting or adjoining mains installed under refundable water extension contracts, or other written agreements.

(emphasis in the original). Specifically, the district court found the Albees’ property was entitled to water service under the exceptions listed in the Resolution because it “is property abutting or adjoining a main installed under a refundable water extension contract.”

There is no dispute that Lot 7 is outside the City limits, or that it abuts a main water line. However, the City argues the district court erred in concluding the 1965 Agreement was a ‘Tefundable water extension contract” and, even if the 1965 Agreement were such a contract, the City’s interpretation of the Resolution would not include the Albees’ property within the exception.1

1.

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Albee v. Judy
31 P.3d 248 (Idaho Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
31 P.3d 248, 136 Idaho 226, 2001 Ida. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albee-v-judy-idaho-2001.