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Cobbley v. City of Challis11/1/2002
granted the City's motion, concluding that the Cobbleys' claim was untimely under the ITCA. The district court held that the ITCA notice period commenced on September 14, 1999, and the Cobbleys' July 6, 2000, filing was outside of the 180-day limit. A judgment was entered dismissing the action with prejudice. The Court of Appeals affirmed the decision of the district court. The Cobbleys filed a petition for review, which was granted by this Court.
ISSUES PRESENTED ON APPEAL
1. Did the district court err in dismissing the Cobbleys' complaint?
2. Did the district court err in granting the City an extension of time to file its answer?
3. Should the affidavit and documents attached to the Cobbleys' appellate brief be stricken?
4. Is either party entitled to attorney fees on appeal?
STANDARD OF REVIEW
In an appeal from an order granting summary judgment, this Court uses the same standard of review as the district court did in ruling upon the motion. Baxter v. Craney, 135 Idaho 166, 170, 16 P.3d 263, 267 (2000). Summary judgment is appropriate only when the pleadings, depositions, affidavits and admissions on file show that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. I.R.P.C. 56(c).
Generally, when considering a motion for summary judgment, this Court liberally construes the record in the light most favorable to the party opposing the motion, drawing all reasonable inferences and conclusions in that party's favor. Construction Management Systems, Inc. v. Assurance Co. of America, 135 Idaho 680, 682, 23 P.2d 142, 144 (2001). However, where the evidentiary facts are undisputed and the trial court rather than a jury will be the trier of fact, "summary judgment is appropriate, despite the possibility of conflicting inferences because the court alone will be responsible for resolving the conflict between those inferences." Riverside Development Co. v. Ritchie, 103 Idaho 515, 519, 650 P.2d 657, 661 (1982). See also Cameron v. Neal, 130 Idaho 898, 900, 950 P.2d 1237, 1239 (1977).
DISCUSSION
I.
A. Filing Time
The ITCA provides "no claim or action shall be allowed against a governmental entity or its employee unless the claim has been presented and filed within the time limits prescribed by this act." I.C. § 6-908. Idaho Code § 6-906 proscribes the applicable time limit as:
All claims against a political subdivision arising under the provisions of this act and all claims against an employee of a political subdivision for any act or omissions of the employee within the course and scope of his employment shall be presented to and filed with the clerk or secretary of the political subdivision within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.
The purpose of I.C. § 6-906 is to "'(1) save needless expense and litigation by providing an opportunity for amicable resolution of the differences between parties, (2) allow authorities to conduct a full investigation into the cause of the injury in order to determine the extent of the state's liability, if any, and (3) allow the state to prepare defenses.'" Friel v. Boise City Housing Auth., 126 Idaho 484, 486, 887 P.2d 29, 31 (1994) (quoting Pounds v. Denison, 120 Idaho 425, 426-27, 816 P.2d 982, 983-84 (1991)).
The failure to file within the ITCA time limitation acts as a bar to any further action. McQuillen v. City of Ammon, 113 Idaho 719, 722, 747 P.2d 741, 744 (1987). "Compliance with the Idaho Tort Claims Act's notice requirement is a mandatory co
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