Idaho Supreme Court
Simmons v. Loertscher
June 27, 2024551 P.3d 719
Summary
The Idaho Supreme Court affirmed summary judgment for the cattle owners, holding that the 1963 statutory fencing requirement applies to cattle straying from open range into a preexisting herd district. The savings clause preserved the herd district's existence, boundaries, and legal identity, but did not exempt it from the fence-out provision. The court also held that Simmons waived his challenge to the conditions governing retrieval of cattle because he failed to support that argument with authority below, and awarded attorney fees for that waived issue.