LOEL FENWICK, M.D. and CHRISTY OLSON FENWICK, husband and wife, and TANGLEFOOT WILDLIFE REFUGE, Plaintiffs-Appellants, v. IDAHO DEPARTMENT OF LANDS, an agency of the State of Idaho and WINSTON WIGGINS, in his official capacity and GEORGE and CAROLYN DESHLER FAMILY TRUST, CAROLYN DESHLER, d/b/a BLUE DIAMOND MARINA AND RESORT, Defendants-Respondents., 144 Idaho 318

Summary

The lessees operated a marina on the property next to the refuge, which was owned by the adjoining landowners. In addition to the injunction, the landowners sought to obtain permission to narrow part of the access road to the marina and to enjoin alleged nuisance activities. On appeal, the court found that Idaho Code Ann. § 58-307 (2004) applied to the action and not the 2003 version of § 58-307 as applied by the trial court. The 2004 version was in effect at the time the landowners filed their lawsuit, and it exempted the lessees from conforming their use of the land to the zoning ordinance as the lease did not exceed ten years. Applying the 2004 version of § 58-307 did not constitute a retroactive application of the statute as it did not affect any vested right of the landowners. Because the landowners were not parties to the lease, they were not third-party beneficiaries of the lease. Because the landowners did not prevailed on the appeal, they were not entitled to attorney fees ...