A.C. & C.E. Investments, Inc. v. Eagle Creek Irrigation Company

Summary

The Idaho Supreme Court affirmed summary judgment for Eagle Creek, holding that AC&CE's challenge to the increased authorized shares was not ripe because no additional shares had been issued and that its remaining claims failed both as improperly pleaded derivative claims and as direct claims for lack of distinct injury or a special duty. The Court also affirmed the denial of attorney fees below and denied fees on appeal because Eagle Creek did not prevail on its cross-appeal. The Court acknowledged that the district court used different reasoning on the share-increase claim but affirmed because the ultimate result was correct.