Yellowstone Log Homes, LLC v. City of Rigby

Summary

The Idaho Supreme Court reversed summary judgment for the City and remanded because Yellowstone had standing to pursue negligence-per-se and common-law negligence claims arising from the City's failure to mark a sewer lateral. The court held that the Underground Facilities Damage Prevention Act protects end users and that genuine factual disputes remained concerning statutory compliance, breach, causation, and discretionary-function immunity. The City's attorney-fee cross-appeal was moot, and neither party was awarded attorney fees on appeal because liability remained unresolved.