ID justices take up local disputes
KEITH KINNAIRD | Hagadone News Network | UPDATED 8 years, 9 months AGO
SANDPOINT — Idaho Supreme Court justices will be taking up a trio of Bonner County cases when they convene in Coeur d’Alene later this month.
The high court is scheduled to hear arguments in a longstanding land dispute and two cases related to the financial struggles of the Idaho Club when it meets in Coeur d’Alene on Aug. 31.
The first case involves a fractious land dispute over easements in the Pack River Valley that has been roiling for years. Landowners John and Val Thornton sued Kari Clark to quiet title to an easement over his property in favor of Clark, according to the Supreme Court. Clark counterclaimed to quiet title to the easement in her favor and to recover damages for John Thornton’s interference with her easement rights.
An action to quiet title is an action requesting that the court determine the rightful owner of the subject property.
First District Judge John T. Mitchell granted summary judgment in favor of Clark and imposed sanctions against the Thorntons, prompting the Thorntons to appeal, the high court said.
That case spun from litigation Mary Pandrea brought against Clark, her sister, and Kenneth and Deanna Barrett, a couple who owned the property that went on to be owned by the Thorntons, court records indicate. Pandrea’s actions in the web of litigation caused her to be deemed a vexatious litigant because she repeatedly filed unmeritorious motions and engaged in other actions that were frivolous or solely intended to cause delay, according to a Feb. 19 order.
The other two cases involve disputes between Union Bank and developers and financiers of the Idaho Club.
The first case involves an appeal by North Idaho Resorts, which is challenging a lower court ruling that Union Bank possess a superior lien against property that was to be developed as a resort at Trestle Creek.
First District Judge Michael Griffin held that North Idaho Resorts did not possess a vendor’s lien because North Idaho Resorts was not the owner over record and that any lien NIR might have possessed.
On appeal, NIR argues the district court misconstrued Idaho law and contends that state law does not require the seller to be the owner of record. NIR asserts that the remaining conditional purchase price constituted an unpaid and unsecured value and that Union Bank knew NIR was still owed money under the contract.
The second case involves an action Union brought against JV LLC, Idaho Club developers and its financiers and creditors.
JV LLC is appealing Griffin’s grant of summary judgment in favor of Union in a mortgage priority dispute. Union sought to a foreclose a mortgage on the Trestle Creek property. JV claimed priority to the Trestle Creek property via a 2006 mortgage. Union’s mortgage was recorded in 2008 and moved for summary judgment on grounds that JV had subordinated its lien to Union’s lien.
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