BEDARD AND MUSSER, an Idaho partnership, and BOISE HOLLOW LAND HOLDINGS, RLLP, an Idaho limited liability partnership, Plaintiffs-Appellants,
CITY OF BOISE CITY, a body politic corporate of the State of Idaho, Defendant-Respondent.
Opinion No. 104
from the District Court of the Fourth Judicial District of
the State of Idaho, Ada County. Hon. Jonathan Medema,
judgment of the district court is affirmed
Davison, Copple, Copple & Copple, LLP, Boise, for
appellant. Terry C. Copple argued.
B. Luce, Boise City Attorney, Boise, for respondent. Abigail
case involves a claim to quiet title. Plaintiffs Bedard and
Musser, and Boise Hollow Land Holdings, RLLP (collectively
referred to as Boise Hollow) filed suit against Boise City
seeking a declaration that they: (1) hold an access easement
over part of Quail Hollow Golf Course pursuant to a recorded
Permanent Easement Agreement; and (2) are entitled to expand
the easement area to comply with certain requirements of the
Ada County Highway District so that it can be dedicated as a
public road. The district court rejected Boise Hollow's
position on summary judgment, finding that the agreement did
not create an easement because the entity which purported to
grant the easement across the golf course property had only a
leasehold interest at the time the agreement was signed.
Moreover, the same party owned both the land where the
easement was located (the servient estate) and the land to
which the easement was appurtenant (the dominant estate). The
district court further found that any access that was granted
by the lessor under the agreement terminated when the
leasehold was terminated by an express agreement. The
district court entered judgment in favor of Boise City. We
affirm the district court's judgment.
AND PROCEDURAL BACKGROUND
an easement dispute between two adjoining landowners. Boise
Hollow owns approximately 63 acres designated as Lot 4 in the
Nibler Subdivision in Ada County. Boise City owns the
adjacent Quail Hollow Golf Course.
properties at issue have a lengthy ownership and transfer
history. In 1943, Victor Nibler purchased a large tract of
land. In the 1970s, Victor and his wife, Ruth, constructed a
golf course on part of their land. In 1980, the Niblers
leased the golf course to a group of individuals for 99
years. Those individuals subsequently assigned the leasehold
to a corporation, whose leasehold was later judicially
foreclosed and purchased at the foreclosure sale by an entity
called A-J Corporation. The Niblers and A-J Corporation
subsequently amended the lease agreement, but did not change
the duration of the leasehold. In 1986, A-J Corporation
assigned its interest in the leasehold to Tee, Ltd., whose
principals included Tommy Sanderson.
1990, the Niblers sold a large portion of their land to
Vancroft Corporation, including the golf course and the 63
acre parcel now owned by Boise Hollow. Since the golf course
was leased to Tee, Ltd. at the time of the sale, the Niblers
also assigned their interests as landlords to Vancroft.
approximately 1991, Vancroft, Tee, Ltd., and Sanderson
executed the Permanent Easement Agreement at issue. The
agreement purports to create a permanent access easement
across the golf course for the benefit of the 63 acre parcel.
There is no dispute that Vancroft owned both parcels at the
time the agreement was executed. Both parcels have changed
hands multiple times since the Permanent Easement Agreement
at issue was executed. There is no dispute that Boise Hollow
and Boise City are the successors-in-interest to that
parties filed cross motions for summary judgment. The
district court granted Boise City's motion and entered
judgment in the City's ...