Magnuson Properties Partnership v. City of Coeur D'Alene

59 P.3d 971, 138 Idaho 166, 2002 Ida. LEXIS 181
CourtIdaho Supreme Court
DecidedNovember 26, 2002
Docket28392
StatusPublished
Cited by17 cases

This text of 59 P.3d 971 (Magnuson Properties Partnership v. City of Coeur D'Alene) 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
Magnuson Properties Partnership v. City of Coeur D'Alene, 59 P.3d 971, 138 Idaho 166, 2002 Ida. LEXIS 181 (Idaho 2002).

Opinions

ON REVIEW

KIDWELL, Justice.

Magnuson Properties Partnership (Magnuson) filed suit against the City of Coeur d’Alene (City). The district court granted summary judgment in favor of the City because Magnuson failed to file notice of its claim as required by the Idaho Tort Claims Act (ITCA). This Court affirms the judgment of the district court.

I.

FACTS AND PROCEDURAL BACKGROUND

Magnuson owned undeveloped property within the City that it wished to develop. In early 1995, Magnuson approached the City with a plan to subdivide its property into three separate commercial lots. The plan called for installation of a sewer line. As a condition of approval, the City required Magnuson to extend the sewer line from its property to an adjoining parcel owned by a third party. Magnuson objected to this requirement because the extension increased the cost of the project but provided no benefit to Magnuson. According to Magnuson, a city engineer stated that the City would reimburse Magnuson for the additional cost associated with the extension. Magnuson asserts it acted in reliance on this representation in extending the sewer line as the City required.

On May 10, 1996, at the direction of Magnuson, the general contractor, Shea Construction (Shea), submitted a statement of reimbursable costs to the City. Shea itemized the extra costs attributable to the extension, totaling $30,802, and requested the City pay Magnuson that amount. The City’s Public Works Director responded to Shea’s request on August 13, 1996. The City denied the existence of any agreement between the City and Magnuson and denied the request for reimbursement. The City acknowledged its policy of requiring property owners to extend sewer lines to the farthest boundary of their property when installing a sewer line. However, the City asserted it only reimburses property owners for costs associated with enlarging the size of sewer pipe and deeper excavation. The City maintained that Magnuson incurred no reimbursable costs in extending its sewer line.

Magnuson claims that after August 13, 1996, it repeatedly attempted to contact the City in order to discuss its request for reimbursement. The City met with Magnuson on November 7, 1996. City representatives re[169]*169iterated their denial of Magnuson’s claim for reimbursement at this meeting. On November 11, 1996, Magnuson paid Shea the balance it owed on the project, $30,802. Magnuson filed notice of a claim against the City on February 18,1997.

Obtaining no response to this notice, Magnuson filed suit on October 16,1998, alleging tort, contract, and equitable claims against the City. The district court entered default in favor of Magnuson against the City on November 24, 1998. On December 18, 1998, upon the City’s motion, the district court set aside the entry of default and allowed the City to answer. The City then filed a motion for summary judgment on the ground Magnuson’s claim was barred by I.C. §§ 50-219 and 6-906, which require filing notice of a claim against a municipality within 180 days from when the claim arises. The district court granted summary judgment in favor of the City. Magnuson appealed the district court’s decision to set aside the entry of default and summary judgment and the City cross-appealed the district court’s order denying the City’s request for attorney fees. The Court of Appeals upheld the district court’s order to set aside entry of default but reversed the summary judgment and remanded the ease for further proceedings. Magnuson Props. P’ship v. City of Coeur d’Alene, 2002 WL 13783 (Ct.App.2002). The Court of Appeals found its reversal of summary judgment rendered the City’s cross-appeal moot. Id. The City now seeks, and this Court has granted, review of the Court of Appeal’s decision.

II.

STANDARD OF REVIEW

When a case is on review from the Court of Appeals, this Court hears the matter as if it is on appeal from the district court rather than review the Court of Appeal’s decision. Leavitt v. Swain, 133 Idaho 624, 627, 991 P.2d 349, 352 (1999). This Court gives due regard, but not deference, to the decision of the Court of Appeals. Id.

Summary judgment is proper 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 a judgment as a matter of law.” I.R.C.P. 56(c) (2002). In a motion for summary judgment, this Court should liberally construe all facts in favor of the nonmoving party and draw all reasonable inferences from the facts in favor of the nonmoving party. Northwest Bec-Corp v. Home Living Servs., 136 Idaho 835, 838-39, 41 P.3d 263, 266-67 (2002). Summary judgment must be denied if reasonable persons could reach differing conclusions or draw conflicting inferences from the evidence presented. Id.

On appeal, this Court exercises free review over questions of law. Brooks v. Logan, 130 Idaho 574, 576, 944 P.2d 709, 711 (1997).

III.

ANALYSIS

A. The Time For Filing Notice Of A Claim Under I.C. §§ 50-219 And 6-906 Began To Run When Magnuson Received The City’s August 13, 1996 Letter Of Denial.

I.C. § 50-219 (2000) requires filing any claim for damages against a government entity as required by the ITCA. Idaho Code § 6-901 (2000). A claimant has one hundred eighty (180) days from the day they knew, or should have known, of the claim to provide notice of the claim to the government entity. Idaho Code § 6-906 (2000). This notice requirement applies equally to tort claims and claims for breach of contract. Enterprise, Inc. v. Nampa City, 96 Idaho 734, 737-38, 536 P.2d 729, 732-33 (1975); Idaho Code §§ 50-219 and 6-906 (2002).

The 180-day notice period begins to run at the occurrence of a wrongful act, even if the extent of damages is not known or is unpredictable at the time. Ralphs v. City of Spirit Lake, 98 Idaho 225, 227, 560 P.2d 1315, 1317 (1977). “Knowledge of facts which would put a reasonably prudent person on inquiry,” triggers the 180-day period. McQuillen v. City of Ammon, 113 Idaho 719, 722, 747 P.2d 741, 744 (1987). Compliance [170]*170with the notice requirement is a “mandatory condition precedent to bringing suit [against a city], the failure of which is fatal to a claim, no matter how legitimate.” Id. A claimant is not required to know all the facts and details of a claim because such a prerequisite would allow a claimant to delay completion of their investigation before triggering the notice requirement. Mitchell v. Bingham Mem’l. Hosp.,

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Magnuson Properties Partnership v. City of Coeur D'Alene
59 P.3d 971 (Idaho Supreme Court, 2002)

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Bluebook (online)
59 P.3d 971, 138 Idaho 166, 2002 Ida. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magnuson-properties-partnership-v-city-of-coeur-dalene-idaho-2002.