CNW, LLC v. New Sweden Irrigation District

ON THE BRIEFS

HORTON, Justice.

This is an appeal from the district court’s order granting summary judgment and dismissing CNW LLC’s (CNW) lawsuit against New Sweden Irrigation District (NSID). The district court held that CNW had failed to comply with the notice requirements of Idaho Code section 6-906, We vacate the judgment dismissing this action and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

CNW owns an office building in the Taylor’s Crossing business subdivision in Idaho Falls. In mid-June of 2012, a sinkhole developed under the parking lot of CNWs building. It was later determined that…