Nelson Ex Rel. Nelson v. City of Rupert

SCHROEDER, Justice.

This is an appeal from a district court decision granting partial summary judgment in favor of respondent, the City of Rupert (the City), pursuant to section 36-1604 of the Idaho Code, 1 commonly referred to as the “recreational use statute.” On cross-appeal the City requests attorney fees.

I

BACKGROUND AND PRIOR PROCEEDINGS

The facts relevant to this appeal are essentially undisputed. On July 29,1992, Brittney Nelson, who was five years old, went with a friend to Johnson Park in Rupert, Idaho, to play. They took dolls and blankets and initially played on a swing and slide…