Eastside Hwy Dist v. Delavan, 470 P.3d 1134

Background:

Dispute over the location of the common boundary and ownership of land at the terminus of Boothe Park Road on Lake Coeur d’Alene, including a concrete boat ramp built in 1955.
1910 Plat contains numbering errors; a 1949 quitclaim from the Boothe family to Oliver and Edna Delavan described land "to the West boundary of the existing county road; thence along the existing right of way line of said county road to its intersection with the meander line"—location of the "existing county road" in 1949 was indeterminate.
Oliver Delavan constructed a fence south of the boat ramp (claimed by the District to mark a boundary; Delavans say it was a barrier to keep the public off private land); Delavan family members maintained the ramp and permitted public use.
The District (successor to Coeur d’Alene Highway District) sued (2012) seeking (1) declaratory judgment that Boothe Park Road/boat ramp is a public highway under I.C. § 40-202(3) and (2) ownership via boundary-by-agreement (fence); the trial court found no boundary-by-agreement and that public use had been permissive, then granted Delavans partial summary judgment on the statutory claim.
On appeal the Idaho Supreme Court: affirmed the no-boundary-by-agreement ruling (Delavans own underlying land); reversed admission of two hearsay statements; held the trial court erred by imposing a hostility requirement into I.C. § 40-202(3) (vacated partial summary judgment and remanded to determine statutory easement); vacated the award of the road "shoulder" to the Delavans and remanded that issue.

Issues:

Issue	Plaintiff's Argument	Defendant's Argument	Held
Boundary by agreement (fence)	Fence and decades of conduct fixed boundary in District's favor	Fence was a barrier (not a boundary); no meeting of minds fixing a line	No boundary by agreement; District failed to prove agreement by clear and convincing evidence; affirmed
Public highway under I.C. § 40-202(3)	Public used the road/boat ramp and public maintenance satisfies the statute; District entitled to easement	Public use was permissive, so no statutory right; trial court required hostility	Statute requires only 5 years' public use and public maintenance; no hostility requirement—trial court erred; summary judgment vacated and remanded to determine statutory elements
Evidentiary rulings (hearsay)	Trial court properly admitted deposition/testimony	Several statements were inadmissible hearsay	Admission of Jack Delavan’s statement re his father and Patrick Seale’s recounting of Oliver’s statement was erroneous and reversal of those admissions; Gregory’s testimony admissible
Interpretation of 1949 deed and shoulder area	Deed description supports District's claim to road/shoulder	Deed is latently ambiguous and intended to correct lot frontage; Delavans own disputed parcel	Deed latently ambiguous; trial court’s finding that deed intended to correct lot frontage and that Delavans own the disputed lakefront affirmed; but award of shoulder to Delavans vacated and remanded for further factfinding

Key Cases Cited

Neider v. Shaw, 138 Idaho 503, 65 P.3d 525 (Idaho 2003) (elements for boundary by agreement)
Weitz v. Green, 148 Idaho 851, 230 P.3d 743 (Idaho 2010) (acquiescence/inference of agreed boundary from long-standing fence)
Lattin v. Adams County, 149 Idaho 497, 236 P.3d 1257 (Idaho 2010) (discussed re: hostility language; court disavows dicta imposing hostility under I.C. § 40-202(3))
Ada County Highway Dist. v. Total Success Inv., L.L.C., 145 Idaho 360, 179 P.3d 323 (Idaho 2008) (statutory elements to establish a highway: public use and public maintenance)
Boyd-Davis v. Baker, 157 Idaho 688, 339 P.3d 749 (Idaho 2014) (fence erected for another purpose may defeat boundary inference)
Baker v. KAL, LLC, 163 Idaho 530, 415 P.3d 939 (Idaho 2018) (standard of review for deed interpretation/ambiguity)
Knipe Land Co. v. Robertson, 151 Idaho 449, 259 P.3d 595 (Idaho 2011) (patent versus latent ambiguity in deeds)
State v. Nesbitt, 79 Idaho 1, 310 P.2d 787 (Idaho 1957) (public easement vests upon establishment of highway)