Intermountain Real Properties, LLC v. Draw, LLC
155 Idaho 313
| Idaho | 2013Background
- Intermountain appeals district court’s summary-judgment grant to Draw on lien and mortgage issues for paving at Taylorview Development.
- TMC contracted to pave; Taggart/Timberline developed Taylorview; Draw purchased adjacent property with an easement.
- TMC recorded a materialman’s lien; Intermountain, as assignee, pursued four claims including lien foreclosure.
- District court held no agency or ownership basis for Draw to bear lien liability and granted summary judgment.
- Butler surveyed Taylorview; district court found Draw’s property may lie within development but not controlling; court rejected Draw’s liability via 45-501.
- Court later held fee-shifting under 12-120(3) applicable and awarded Draw fees on appeal in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly granted summary judgment to Draw | Intermountain contends Butler creates a factual issue | Draw contends no agency/ownership basis; lien invalid | Yes; summary judgment proper; no agency/ownership basis established. |
| Whether the district court correctly awarded attorney fees under I.C. § 12-120(3) | Intermountain argues no commercial transaction established | Draw prevailed on contract/open-account claims | Yes; fees awarded to Draw as prevailing party. |
| Whether Draw is entitled to attorney fees on appeal | Intermountain contests fee award on appeal | Draw is prevailing party on appeal for fee issue | Draw awarded fees on appeal for defense of fee award; no fees for lien-foreclosure issue on appeal. |
Key Cases Cited
- L & W Supply Corp. v. Chartrand Family Trust, 136 Idaho 738 (Idaho 2002) (defines ‘has charge’ concept for agency in I.C. § 45-501 cases)
- Hopkins Nw. Fund, LLC v. Landscapes Unlimited, LLC, 151 Idaho 740 (Idaho 2011) (liberal construction of materialman’s liens; agency focus under 45-501)
- Garner v. Povey, 151 Idaho 462 (Idaho 2011) (fees under I.C. § 12-120(3) when contract/open-account alleged—even if no liability established)
- Weisel v. Beaver Springs Owners Ass’n, Inc., 152 Idaho 519 (Idaho 2012) (Rule 35(a)(4) waiver standard relaxed when argument is present in briefs)
- ParkWest Homes, LLC v. Barnson, 154 Idaho 678 (Idaho 2013) (fee-shifting on appeal under statute; lien-foreclosure statute does not provide for appellate fees)