Owner of home in which foundation cracked brought action against city, city engineer, and previous owner of property, alleging negligence and gross negligence stemming from city’s issuance of two permits to previous owner allowing previous owner to place and grade fill. The District Court granted summary judgment in favor of city and city engineer. Property owner appealed.
The Supreme Court of Idaho held that:
- City did not act with gross negligence, so as to defeat immunity under Idaho Tort Claims Act (ITCA);
- Property owner did not act with bad faith so as to warrant award of attorney fees under ITCA; and
- ITCA was exclusive means for award of attorney fees.