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Cobbley v. City of Challis11/1/2002
2002 Opinion No. 128
Judgment dismissing tort claim against city, vacated. Case remanded.
This case involves the timeliness of a notice of claim under the Idaho Tort Claims Act ("ITCA"). The case comes before the Court following the district court's grant of summary judgment to the City of Challis. The district court dismissed the action on the ground that the Cobbleys had failed to timely file their claim for damages as required by the ITCA, Idaho Code section 6-906, within 180 days from the date of their alleged loss. We vacate the dismissal and remand the case for further consideration.
FACTS AND PROCEDURAL BACKGROUND
The Cobbleys have lived outside of Challis, Idaho, since 1973. They have operated an automotive paint and body shop out of their home intermittently since 1974. A road was constructed next to the Cobbleys' property in the 1980s allowing access to a recently built sewer treatment facility operated by the City of Challis. After the road was constructed, the Cobbleys began to experience problems with speeding cars and dust from the road. For several years the Cobbleys treated the unpaved road themselves to keep the dust problem under control. In the 1990s, increased traffic made it more expensive for the Cobbleys to treat the road by themselves.
In August 1999, the Cobbleys attended a Challis city council meeting and requested the City's assistance in dealing with the speeding cars and dust. At the meeting, Mr. Cobbley stated that the road had been deeded to the City for the sewer treatment facility and, therefore, it was his position that the City should have to maintain the road. The city council decided to review the matter with the County and the city attorney. The city attorney responded in September 1999 and concluded that the road was not within the City limits therefore it was not the City's responsibility to maintain it. He advised the City that he needed additional time to research into the ownership of the road. He further recommended that the city council do nothing with regard to maintaining or closing the road.
In January 2000, the city attorney sent a letter to the city council and the Cobbleys expressing his opinion that the City only held an easement over the road and that the City did not own the road. The city attorney recommended that the council do nothing with regard to maintaining the road or closing the road to the public. At the May 2000 city council meeting, the Cobbleys were informed that the City would not do anything to improve the road.
On July 6, 2000, the Cobbleys filed a claim against the City for property damages and emotional distress, pursuant to the ITCA. On October 27, 2000, the Cobbleys filed a complaint against the City. The City filed a notice of appearance on November 28, 2000. On December 22, 2000, the Cobbleys filed a notice of intent to take default. The City then filed a motion for additional time to file an answer on December 27, 2000. The district court granted this motion on December 28, 2000, allowing the City until January 16, 2001, to file an answer.
Rather than filing an answer, the City filed a motion to dismiss the complaint, arguing that the Cobbleys' claim failed to comply with the notice requirements of the ITCA. The Cobbleys responded that they could not be expected to file the claim until they were sure, through a title report, that the City owned the property. The Cobbleys supported their argument by submitting exhibits in addition to the pleadings, and the district court treated the motion as one for summary judgment. A hearing was held and the district court took the matter under advisement. The district court, in a written opinion,
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