Porter v. Bassett

• Decision Date: 27 October 2008
• Docket Number: No. 33828.,33828.
• Parties: Douglas L. PORTER and Marcia Y. Porter, Plaintiffs-Appellants, v. Martha O. BASSETT and Angie Mendenhall, Defendants-Respondents, and John Doe I and John Doe II, and all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs' ownership or any cloud on plaintiffs' title, Defendants.
• Court: Idaho Supreme Court

195 P.3d 1212

146 Idaho 399

Douglas L. PORTER and Marcia Y. Porter, Plaintiffs-Appellants, v. Martha O. BASSETT and Angie Mendenhall, Defendants-Respondents, and John Doe I and John Doe II, and all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs' ownership or any cloud on plaintiffs' title, Defendants.

No. 33828.

Supreme Court of Idaho, Pocatello, September 2008 Term.

October 27, 2008.

Merrill & Merrill, Pocatello, for appellants. Kent A. Higgins argued.

Racine, Olson, Nye, Budge & Bailey, Chtd., Boise/Pocatello, for respondents. John R. Goodell argued.

BURDICK, Justice.

Appellants Doug and Marcia Porter (the Porters) appeal from a district court order granting summary judgment to Respondents Martha Bassett (now deceased), Angie Mendenhall, and John Does I and II (collectively Bassett-Mendenhall) in this property dispute. This case concerns the propriety of the district court's dismissal of the Porters' slander of title claim and its determination of the boundary line between two parcels of land on summary judgment. We vacate in part and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Porters own land in Caribou County, Idaho that is bordered on the east and north by property owned by Mendenhall, which was formerly owned by Bassett. The land is described as follows:

Township 11 South, Range 40 East of the Boise Meridian: Section 13: Beginning at the Southwest corner of the NE¼ SW¼ of said Section 13, and running thence following the meanderings of a hollow Northeasterly to the Northeast corner of the NE ¼ SW¼; thence south 1320 feet; thence west 1320 feet, to the point of the beginning. (Emphasis added).

The second parcel of property key to the dispute is Mendenhall's land that borders the Porters' property on the north. This property is described as follows:

Also beginning at the Southwest corner of the NE¼ SW¼ of section 13, Township 11 South, Range 40 East, Boise Meridian and running thence along the meandering of the hollow to the Northeast corner of the SW¼, thence West to the Northwest corner of the NE¼ of the SW¼, thence south to the place of beginning. (Emphasis added).

In May 2004, the Porters contacted Bassett about constructing two fences, at shared expense, along the eastern boundary of their properties and along the north side of the hollow. Although disputes arose regarding the placement of the fences and the ownership of the Porters' property, the Porters went ahead and constructed the two fences. This worsened the dispute between the parties, and on August 11, 2004 Mendenhall filed a quitclaim deed that purported to convey the Porters' property from Bassett to Mendenhall.

The Porters filed a complaint on March 3, 2005 claiming the following: 1) breach of contract, 2) tortious interference with contract, 3) quiet title, 4) slander of title, and 5) damages pursuant to I.C. § 35-103 for construction of the fences. Bassett-Mendenhall subsequently filed an answer and counterclaim, arguing they owned the Porters' property by virtue of adverse possession and/or boundary by agreement. The Porters filed a motion seeking summary judgment on Bassett-Mendenhall's adverse possession and boundary by agreement claims.

Shortly before the pre-trial hearing on the Porters' motion for summary judgment, Bassett-Mendenhall withdrew their claims and agreed to file a quitclaim deed conveying the disputed property to the Porters. At this time, Bassett-Mendenhall also filed their cross-motion for summary judgment, requesting summary judgment on the boundary and I.C. § 35-103 fence issues. They contended that, with the resolution of the quiet title claim through the withdrawal of their counterclaim and a summary judgment determination by the court on the boundary and fence issues, the Porters' remaining claims of breach of contract, tortious interference, and slander of title would either fail or become moot.

The district court granted Bassett-Mendenhall's cross-motion for summary judgment regarding the location of the northern boundary line between the two parcels of property; the applicability of I.C. § 35-103; and the breach of contract, tortious interference with contract, and slander of title claims. The court also determined that issues of fact not appropriate for determination on summary judgment existed as to both Mendenhall's duty to maintain half the fence along the eastern boundary line,¹ and whether the properties were open range. Subsequently, on a motion to reconsider, the district court withdrew its dismissal of the Porters' slander of title claim and stated that the Porters were entitled to recover attorney fees and costs on this claim. These fees and costs were later denied based upon the district court's determination that the Porters' fee demand made no attempt to separate out the fees and costs stemming directly from the slander of title claim. The Porters timely filed this appeal.

II. STANDARD OF REVIEW

When reviewing a ruling on a summary judgment motion, this Court applies the same standard used by the district court. Cristo Viene Pentecostal Church v. Paz, 144 Idaho 304, 307, 160 P.3d 743, 746 (2007). Summary judgment is appropriate "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 judgment as a matter of law." I.R.C.P. 56(c).

The burden of establishing the absence of a genuine issue of material fact is on the moving party. Hayward v. Jack's Pharmacy, Inc., 141 Idaho 622, 625, 115 P.3d 713, 716 (2005). However, if the nonmoving party fails to provide a sufficient showing to establish the essential elements of his or her case, judgment shall be granted to the moving party. Atwood v. Smith, 143 Idaho 110, 113, 138 P.3d 310, 313 (2006). This Court will liberally construe all disputed facts in favor of the nonmoving party, and all reasonable inferences that can be drawn from the record will be drawn in favor of the nonmoving party. Cristo Viene, 144 Idaho at 307, 160 P.3d at 746. Summary judgment is improper "if reasonable persons could reach differing conclusions or draw conflicting inferences from the evidence presented." McPheters v. Maile, 138 Idaho 391, 394, 64 P.3d 317, 320 (2003).

III. ANALYSIS

The Porters first contend that the district court erred in determining the location of the boundary line on summary judgment. The Porters also argue that they are entitled to a trial on their slander of title claim. Finally, the Porters assert that the district court erred in refusing to apply I.C. § 35-103 to the case and in finding the Bassett-Mendenhall land was not open range. We will address each issue in turn.

A. Boundary Line

The Porters argue the district court erred in granting summary judgment on the boundary issue for two reasons. First, they contend a determination of the boundary line was never sought by the parties. Second, they maintain the determination was not proper because the court relied on the opinion of a surveyor in deciding the issue as a matter of law, instead of examining the intent of the original parties as a question of fact. We disagree with the Porters' contention that a determination was not sought; however, we hold that the district court erred in granting summary judgment on the boundary issue.

1. Issue properly before the court

The only issues considered on summary judgment are those raised by the pleadings, and the court must then also examine what issues pled have been raised in the motion for summary judgment. Esser Elec. v. Lost River Ballistics Techs., Inc., 145 Idaho 912, 919, 188 P.3d 854, 861 (2008). Here, the issue of the location of the boundary line was raised in the pleadings and then placed at issue by Bassett-Mendenhall's cross-motion for summary judgment. First, Bassett-Mendenhall alleged in their counterclaim that the Porters had "wrongfully and willfully erected fences . . . not on the actual legal boundary." This allegation was not only denied by the Porters in their answer, but they also provided three alternative findings regarding the true location of the boundary line in their Proposed Findings of Fact and Conclusions of Law.² In addition, Bassett-Mendenhall argued in their cross-motion for summary judgment that the proper location of the boundary was an issue remaining for trial. The boundary issue was also discussed at length by both parties during the pre-trial hearing on the motion for summary judgment.

Furthermore, as the district court stated, the Porters raised the boundary issue by arguing that I.C. § 35-103 applied. The language of I.C. § 35-103, which states that a fence is to be erected "on, or as near as practicable to, the line of said land," necessitates a determination of the true boundary line. Thus, in arguing that I.C. § 35-103 applied, and that the fence had been erected as near as practicable to the boundary line, the Porters raised the issue of the true location of the boundary line. As such, the boundary issue was raised in both the pleadings and the motion for summary judgment and was, therefore, properly before the court.

2. Summary judgment

Next, the Porters argue the district court erred in determining that "meanderings of the hollow" meant, as a matter of law, that the center of the hollow was the boundary line between the two parcels of property. The Porters contend the court also erred in relying on the affidavit of the surveyor. Instead, the Porters assert the meaning of the language "meanderings of the hollow" is ambiguous and, therefore, the intent of the original parties is an issue of fact that cannot be properly decided on summary judgment.

"In interpreting and construing deeds of conveyance, the primary goal is to seek and give effect to the real intention of the parties." Benninger v. Derifield, 142 Idaho 486, 489, 129 P.3d 1235, 1238 (2006...