Christina J. Greenfield v. Eric J. Wurmlinger, 349 P.3d 1182

Background

Neighbors dispute in Park Wood Place, Post Falls: Greenfield (purchaser) vs. Eric & Rosalynn Wurmlinger (owners/operators of River Cove B&B).
Greenfield alleged B&B operations violated subdivision CC&Rs (single-family use, no "open to the public" businesses) and that Wurmlingers’ row of arborvitae exceeded fence-height restrictions and blocked her river view.
City initially ordered pruning to 6 feet; ordinance then amended to remove hedge-height limit. Greenfield had ~10 arborvitae cut in 2010 (criminal charges later dismissed); Wurmlingers alleged subsequent vandalism.
Jury found for defendants on plaintiff’s nuisance and emotional-distress claims; found for defendants on counterclaims for negligent infliction of emotional distress ($52,000) and timber trespass ($17,000), trebled under statute; district court awarded costs/fees, total judgment $168,755.37.
District court separately ruled the B&B did not violate CC&Rs and that arborvitae were not covered by the CC&R fence-height provision. Greenfield appealed; Idaho Supreme Court affirmed and awarded appellate fees to defendants.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether operating the B&B violated CC&Rs	Greenfield: B&B is a business, not a permitted home occupation; exterior visibility, traffic, weddings show commercial use	Wurmlinger: operation meets "home occupation" criteria—no exterior visibility, no employees, reservations only, limited traffic since 2008	Court: No CC&R violation; evidence supported finding B&B qualified as a home occupation at time of complaint
Whether arborvitae constitute a "fence" exceeding CC&R height limit	Greenfield: arborvitae act as a fence and exceed 5-ft limit; defendants agreed to keep them trimmed	Wurmlinger: CC&R fence-height language does not unambiguously include living hedges; city later removed hedge-height rule; he only complied with city order	Court: CC&R language unambiguous in context—"fence" does not include plantings; plaintiff failed to show error in court's finding
Whether plantings/nuisance (view obstruction) support relief	Greenfield: defendants planted/allowed growth out of spite to block river view—seek abatement/injunction	Wurmlinger: plantings served legitimate landscaping purposes; jury heard reasons and found no nuisance	Court: jury verdict rejecting nuisance had sufficient evidence; district court properly denied JNOV and injunction
Whether plaintiff committed timber trespass by cutting arborvitae and damages	Greenfield: at least some arborvitae were on her land or jointly owned; cutting was trimming to agreed height; survey issues rendered evidence unreliable	Wurmlinger: arborvitae were defendants’ trees; plaintiff willfully damaged them; expert and survey evidence supported trespass and damages	Court: jury properly instructed; substantial competent evidence supported timber-trespass verdict and damages; district court did not err in denying Rule 60(b) relief
Whether negligent infliction of emotional distress claim could be tried	Greenfield: prior dismissal with prejudice barred defendant’s NIED claim from being presented	Wurmlinger: claim was tried with plaintiff’s express/implicit consent at pretrial and instruction conference	Court: dismissal was interlocutory; parties tried the issue with plaintiff’s consent (no timely objection); submission to jury was proper

Key Cases Cited

Brown v. Perkins, 129 Idaho 189, 923 P.2d 434 (interpret restrictive covenants narrowly; ambiguities resolved in favor of free use of land)
Camp v. East Fork Ditch Co., Ltd., 137 Idaho 850, 55 P.3d 304 (trial court factual findings reviewed for clear error)
Argosy Trust ex rel. Andrews v. Wininger, 141 Idaho 570, 114 P.3d 128 (appellate court will not reweigh evidence or substitute credibility determinations)
Miller v. Callear, 140 Idaho 213, 91 P.3d 1117 (standard for determining whether evidence supports trial court findings)
Phillips v. Erhart, 151 Idaho 100, 254 P.3d 1 (trial court may not weigh evidence on JNOV; standard articulated)
Todd v. Sullivan Constr. LLC, 146 Idaho 118, 191 P.3d 196 (standard for reviewing denial of motion for JNOV/directed verdict)
State v. Thomas, 157 Idaho 916, 342 P.3d 628 (deference to jury on witness credibility)
In re Doe, 156 Idaho 103, 320 P.3d 1262 (interlocutory orders may be modified; context on finality)
Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 148 Idaho 479, 224 P.3d 1068 (failure to object to jury instructions waives appellate challenge)
Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (standard for awarding appellate attorney fees under Idaho Code)
Bradbury v. Idaho Judicial Council, 149 Idaho 107, 233 P.3d 38 (disqualification/disqualification issues are within judge's discretion)
Ada Cnty. Highway Dist. v. Total Success Invs., LLC, 145 Idaho 360, 179 P.3d 323 (appellate review limited when trial court made no ruling on an issue)