Blaine County 5th District Judge Ned Williamson has declined to dismiss a lawsuit against a Ketchum homeowner related to a duplex development on Fir Drive.
Brothers John and Scott Roberts sued Robert Rudy in January. The brothers own the property at 108 Fir Drive, which they’re using to construct an 11,000-square-foot duplex.
Rudy filed a separate lawsuit against the city of Ketchum and against Planning Director John Gaeddert earlier in January, alleging that the duplex had several building and zoning code violations, and that the city had failed to enforce its building and zoning regulations. The city has denied those allegations.
Rudy and his attorney, Sam Linnet, filed a motion to dismiss the Roberts’ lawsuit and a motion to strike portions of its complaint because they’re “immaterial, impertinent and scandalous” under Idaho court rules.
Williamson addressed those in a June 12 ruling.
The Roberts’ complaint accuses Rudy of trespassing, harassment, invasion of privacy and stalking.
Williamson found that the complaint sufficiently alleged trespass and invasion of privacy.
However, he allowed Rudy to maintain his argument that harassment and stalking are not viable causes of action under Idaho law.
Williamson agreed to strike references to Rudy’s girlfriend from the complaint, because she “is a non-party, and therefore, immaterial to the allegations.”
Williamson also struck a paragraph that accused Rudy of causing the Roberts’ 80-year-old mother, Mary Ann, to become emotionally distressed and to fall and break her hip while exiting a car. After the fall, she suffered two strokes. The complaint alleged that injuries were a “proximate result of Rudy’s actions.”
Williamson ruled that the paragraph should be stricken “because it relates to Roberts’ mother, a non-party, and is also immaterial to the allegations.”
The Roberts’ attorney, Mike Pogue, filed an amended complaint reflecting the changes. The case has a trial date set for later this year.
Rudy’s lawsuit against the city of Ketchum has a trial date set for July 30.
UPDATE June 27, 2019: This story has been updated to clarify information about Judge Williamson's decision.