Hayes v. City of Plummer

• Decision Date: 30 September 2015
• Docket Number: No. 42125.,42125.
• Citation: 357 P.3d 1276,159 Idaho 168
• Parties: Martin HAYES and Lynn Hayes, husband and wife, and the marital community thereof, Plaintiffs–Appellants, v. CITY OF PLUMMER, a political subdivision, Defendant–Respondent, and Worley School District 44, a political subdivision, and Accelerated Construction & Excavation, LLC, an Idaho limited liability company, Defendants.
• Court: Idaho Supreme Court

159 Idaho 168

357 P.3d 1276

Martin HAYES and Lynn Hayes, husband and wife, and the marital community thereof, Plaintiffs–Appellants,

v.CITY OF PLUMMER, a political subdivision, Defendant–Respondent,andWorley School District 44, a political subdivision, and Accelerated Construction & Excavation, LLC, an Idaho limited liability company, Defendants.

No. 42125.

Supreme Court of Idaho, Coeur d'Alene, August 2015.

Sept. 30, 2015.

Winston & Cashatt Lawyers, Coeur d'Alene, for appellants. Michael T. Howard argued.

Lake City Law Group, PLLC., Coeur d'Alene, for respondents. Jennifer Fegert argued.

BURDICK, Justice.

This case concerns an appeal from the Kootenai County District Court's grant of summary judgment in favor of respondent City of Plummer on Martin and Lynn Hayes's premises liability claims. The district court ruled that Idaho's Recreational Use Statute, Idaho Code section 36–1604, provided limited liability protection because the City did not receive "compensation" or "charge" for the use of the land upon which Hayes was injured. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 17, 2011, Martin Hayes (Hayes)¹ was seriously injured after stumbling on uneven ground hidden by grass while attending his grandson's Pop Warner football game at the Plummer School Park (Park), which is owned by the City of Plummer (City). Hayes did not pay any fee or admission to enter the Park.² Hayes filed a premises liability claim against the City for his injuries.³ In turn, the City filed a motion for summary judgment on the basis that the City was entitled to a limit on liability under Idaho's Recreational Use Statute. The district court granted the City's motion.

On October 13, 1976, the Western Benewah School District (School District) conveyed the Park to the City in fee simple for consideration of ten dollars. The Park was deeded shortly after both parties entered into a formal agreement to "develop outdoor recreational facilities for general public outdoor recreation use" as outlined in the parties' Joint Service Agreement (JSA). Both parties assume as fact that School Park was transferred to the City in 1976 for the sole purpose of obtaining a federal grant for improvements, which were not available if the School District continued to own it. As a result of this transaction, the City was able to obtain a federal grant from the Land and Water Conservation Fund (LWCF) to make general improvements to the park for public use and enjoyment. Pursuant to the JSA, the City agreed to construct joint facilities in the park for public use in conjunction with school activities, and the School District agreed to maintain the facilities.

Although the School District pays for all maintenance, water, and electric utilities; has made significant improvements to the facilities; maintains property insurance for those improvements; and controls the scheduling for organized events, the Park is generally open to the public at no expense. For this reason, the district court ruled that Idaho's Recreational Use Statute, Idaho Code section 36–1604, provided the City of Plummer with immunity because the City did not receive ‘compensation’ or ‘charge’ for use of the land upon which Hayes was injured. Hayes filed a timely notice of appeal on April 22, 2014.

II. STANDARD OF REVIEW

This Court reviews a ruling on summary judgment under the same standard as the trial court. Gracie, LLC v. Idaho State Tax Comm'n, 149 Idaho 570, 572, 237 P.3d 1196, 1198 (2010). Summary judgment is proper "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." I.R.C.P. 56(c). Disputed facts "should be construed in favor of the non-moving party, and all reasonable inferences that can be drawn from the record are to be drawn in favor of the non-moving party." Castorena v. Gen. Elec., 149 Idaho 609, 613, 238 P.3d 209, 213 (2010). The interpretation of a statute is a question of law that the Supreme Court reviews de novo. State v. Schulz, 151 Idaho 863, 865, 264 P.3d 970, 972 (2011).

III. ANALYSIS

Hayes's appeal ultimately hinges on whether the School District's payment of utilities and property insurance, maintenance, improvements to the facilities, and control of the Park's activities schedule constitutes "compensation" that the City "charged" to the School District in exchange for the use of the Park. Hayes also contends that an issue of fact exists as to whether Hayes entered the Park under the scope of the School District's "permission and use." However, no legal authority is cited to support the second argument, nor does any authority suggest that a third party organizing and scheduling events on public land would cause a landowner to forfeit immunity under the Recreational Use Statute. When issues presented on appeal are not "supported by propositions of law, citation to legal authority, or argument they will not be considered by this Court." Lebow v. Commercial Tire, Inc., 157 Idaho 379, 384, 336 P.3d 786, 791 (2014). As such, we shall limit our analysis to the dispositive issue of whether the City received compensation for use of the Park for this activity.

The School District's payment of all utilities, ongoing maintenance, and scheduling of the Plummer School Park is not a "charge" or "compensation" under Idaho's Recreational Use Statute.

Idaho's Recreational Use Statute was intended to encourage landowners to make land "available to the public without charge for recreational purposes." I.C. § 36–1604(a). A "landowner" who provides property for public recreational use is afforded a limitation of liability and "owes no duty of care to keep the premises safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes." I.C. § 36–1604(c). The owner assumes no liability if any person is invited or permitted to use the property for recreational purposes "without charge." See I.C. § 36–1604(d). A landowner's limitation of liability is not extended "to any person or persons who for compensation permit the land to be used for recreational purposes." I.C. § 36–1604(g)(3). Neither the term "charge" as twice used in the statute, nor the term "compensation" as used in the exception clause, are defined. Thus, the scope of Idaho's Recreational Use Statute is a matter of statutory interpretation.

The objective of statutory interpretation is to "derive the intent of the legislative body that adopted the act." Farber v. Idaho State Ins. Fund, 147 Idaho 307, 310, 208 P.3d 289, 292 (2009). Statutory interpretation "begins with the literal language of the statute" and "provisions should not be read in isolation, but must be interpreted in the context of the entire document." Id. Words should be given their "plain, usual, and ordinary meanings" and only if the language is " ambiguous" may this court "consider rules of statutory construction." Id. " Charge" is ordinarily defined as "to demand a fee; to bill." Black's Law Dictionary 282 (10th ed.2014). "Compensation" is defined as "remuneration and other benefits received in return for services rendered. " Black's Law Dictionary 342–43 (10th ed.2014) (emphasis added). As plainly read in the context of the statute, the statutory language unambiguously demonstrates that the terms "charge" and "compensation" only reflect payment for direct use or admission to the property. Consistent with such an interpretation, persuasive authority has only applied the compensation exception in instances where a landowner received monetary payment specifically for the public's entrance or enjoyment of a recreational area.

First, this court applied the compensation exception to Idaho's Recreational Use Statute where plaintiffs paid a vehicle entry fee to park their car in an Idaho state park. Allen v. State ex rel. Dep't of Parks and Recreation, 136 Idaho 487, 488, 36 P.3d 1275, 1276 (2001). In Allen, the injured plaintiff was impaled on a submerged fence post while fishing in the state park and subsequently filed a premises liability claim against the state. Id. This Court reversed the district court's dismissal of the claim and applied the compensation exception on the basis that the fee was levied against the public for its use of the property. Id. at 488–89, 36 P.3d at 1276–77. Unlike Allen, it is undisputed that Hayes entered the Park at no expense whatsoever. No assertion has ever been made that either the School District or the City benefited by Hayes's access to the Park in any way. Although Allen is the only binding Idaho case on point for the current issue, a number of federal decisions also provide guidance.

The most comparable case outside our jurisdiction comes from the United States District Court for the District of Idaho, which held that a state snowmobile registration fee did not erode a county's immunity under Idaho's Recreational Use Statute. Albertson v. Fremont Cnty., Idaho, 834 F.Supp.2d 1117, 1131 (D.Idaho 2011). In Albertson, the plaintiffs' decedent was killed while snowmobiling in the Caribou–Targee National Forest. Id. at 1132. The plaintiffs argued Idaho's Recreational Use Statute did not shield the county from liability due to a registration fee all snowmobile owners are required by law to pay under Idaho Code section 67–7102. Id. at 1130. Evidence demonstrated that a portion of the State's registration fee was used to fund maintenance of the Caribou–Targee National Forest trails. Id. at 1131. Through the program, the plaintiffs' decedent designated eighty-five percent of his registration fee to go specifically to the Fremont County parks program. Id. Although the plaintiff paid a fee to the state, and a large percentage of that fee was directly used for the upkeep of the recreation area, the court held that the compensation exception did not...