Fairway Development Co. v. Bannock County, 16347
| Decision Date | 16 September 1986 |
| Docket Number | No. 16347,16347 |
| Citation | 111 Idaho 653,726 P.2d 765 |
| Parties | FAIRWAY DEVELOPMENT COMPANY, Plaintiff-Appellant, v. BANNOCK COUNTY, Idaho, Lyle Leslie, Bannock County Assessor; Vivian Crozier, Bannock County Treasurer; Tom Katsilometes, Carolyn Meline and George Shiozawa, Bannock County Commissioners, Defendants-Respondents. |
| Court | Idaho Supreme Court |
Appeal from trial court's order of partial summary judgment. Appeal dismissed.
Alan E. Barber, Idaho Falls, for plaintiff-appellant.
Erich N. Storm [argued], Bannock County Deputy Pros. Atty., Larry J. Echohawk, and Gary J. Riedner, Bannock County Sp. Pros. Atty., Pocatello, for defendants-respondents.
Fairway Development Company has filed this I.A.R. 12 certified appeal from the trial court's order denying Fairway Development Company's motion for partial summary judgment. After reviewing the briefs, and having heard oral argument, the Court is of the opinion that the appeal would not materially advance the processing of this litigation and, since the order is otherwise non-appealable, the Court concludes that the Rule 12 certification was improvidently granted. Accordingly, the appeal is dismissed and the case is remanded to the district court for further proceedings. See Pichon v. L.J. Broekemeier, Inc., 99 Idaho 598, 600, 586 P.2d 1042, 1044 (1978).
Costs to appellant.
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City of McCall v. Buxton
...case. Later, on September 16, 1986, we dismissed the appeal as having been improvidently granted. Fairway Development Co. v. Bannock County, 111 Idaho 653, 726 P.2d 765 (1986) (Fairway I). The case was remanded to the district court. After the court dismissed Fairway Development's challenge......
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Fairway Development Co. v. Bannock County
...court's denial of Fairway's motion for partial summary judgment. The appeal was dismissed and remanded for further proceedings. 111 Idaho 653, 726 P.2d 765. Since our remand, the trial court granted summary judgment to Bannock By this appeal, we are required to determine whether the valuati......