Category Archives: Luke Howarth

Debt Recharacterization Is A Factual Issue and Cannot Be Resolved At Summary Judgment In the Face of Conflicting Evidence

Posted on March 28, 2012 by Wendy Couture

Case: Idaho Development, LLC v. Teton View Golf Estates, LLC, Docket No. 37123 Court: Supreme Court of Idaho Date Issued:    December 12, 2011 Judges: Opinion Author: W. Jones, Justice Concurring in Opinion: Burdick, Chief Justice; Eismann, Justice; Horton, Justice Specially … Continue reading →

Posted in Debt Recharacterization, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, Luke Howarth, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR | Comments Off

The One-Action Rule is Not Violated When a Trustee Brings Suit Against a Debtor While Non-Judicially Foreclosing on Property Securing the Guarantor’s Obligation

Posted on August 21, 2011 by Wendy Couture

Case: The Marina at Black Rock, LLC v. Idaho Independent Bank, Case No. CV 2011 3177 Court: District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai Opinion Title: Memorandum Decision … Continue reading →

Posted in Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Luke Howarth, Non-Judicial Foreclosure, One-Action Rule, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

A Purchaser is Not Unjustly Enriched If It Pays a Lower Price for Property Subject to Restrictive Covenants and Then Sells The Property for a Profit to Another Purchaser Who Can Condemn the Covenants

Posted on July 6, 2011 by Wendy Couture

Case: Harris Family Limited Partnership v. Brighton Investments LLC, Docket No. 36410          Court: Supreme Court of Idaho Date Issued:    March 18, 2011 Judge: Opinion Author:  Justice Joel D. Horton Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; … Continue reading →

Posted in CONTRACTS, Eminent Domain, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, LAND SALES, Luke Howarth, Restrictive Covenants, Unjust Enrichment | Comments Off