ELR Citation: ELR 20292
No(s). s. 83-3161 et al (D. Idaho Jan 16, 1985)

The court holds that Idaho's four-year statute of limitations applies to the state law nuisance and statutory claims in a suit brought by Idaho alleging that defendants' smelting activities injured its northern environment. Although acting in its role as parens patriae in fulfillment of its important public duty of protecting the environment, Idaho may not avoid the statute of limitations absent a showing that its application would result in an unconstitutional outcome or that it is statutorily immunized from application of the statute of limitations. Turning to the specific claims, the court holds that the statute of limitations bars any claims based on damages caused by permanent nuisances created more than four years prior to the filing of this suit. However, claims based on temporary and continuing nuisances may be brought at any time to recover damages occurring within the previous limitation period.

Counsel for Plaintiff
Jim Jones, Idaho Attorney General
State Capitol, Room 210, Boise ID 83720
(208) 334-2411

Counsel for Defendants
James P. Keane, William F. Boyd
Evans, Keane, Koontz, Boyd & Ripley
111 Main St., P.O. Box 659, Kellog ID 83837
(208) 784-1105

Counsel for Third-Party Defendants
John P. Howard, Marc A. Lyons
Quane, Smith, Howard & Hull
Idaho First Plaza, P.O. Box 519, Boise ID 83701-0519
(208) 345-0960

James B. Lynch, Scott W. Marotz
Imhoff & Lynch
1602 W. Franklin St., P.O. Box 739, Boise ID 83701
(208) 336-6900

R.B. Kading Jr., Scott D. Hess
Eberle, Berlin, Kading, Turnbow & Gillespie
Capital Park Plaza, P.O. Box 1368, Boise ID 83701
(208) 344-8535