State of Idaho, Idaho Transportation Board v. Triple Crown Development, LLC (Business-Damages Condemnation Appeal)
The Idaho Supreme Court affirmed summary judgment against business-damages claims brought by Triple Crown Development, LLC and affiliated Thueson-controlled entities after the state condemned Triple Crown's land in Canyon County for a highway interchange. The Court held that Idaho Code section 7-711(2)'s business-damages remedy belongs only to the fee owner of the condemned parcel, not commonly controlled businesses on adjoining land, and separately rejected the state's request for attorney fees.
Why it matters
Clarifies that Idaho's statutory business-damages remedy tracks legal title to the condemned parcel rather than economic interdependence among commonly controlled entities, and confirms that a never-permitted, never-operated business plan cannot support a business-damages award even for the actual fee owner.
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