Two lawsuits involving a Ketchum homeowner, the city and a property on Fir Drive have concluded after a year of litigation.
Blaine County 5th District Judge Ned Williamson last week granted a motion for summary judgment filed by the city of Ketchum and dismissed plaintiff Robert Rudy’s claim under the Idaho Public Records Act that the city had failed to disclose all communications that he had requested via a records request.
The lawsuit was filed on Jan. 4, 2019, in response to a duplex being constructed at 108 Fir Drive by brothers Scott and John Roberts. Rudy filed the lawsuit against the city and against Planning Director John Gaeddert, alleging that the duplex had several building and zoning code violations, and that the city had failed to enforce those regulations. Additional allegations claimed that the city failed to disclose all requested communications via a records request filed by Rudy.
During a status conference on Jan. 6, Williamson determined that only two matters were potentially not included in the city’s response to Rudy’s records request. Williamson required the city to provide notice to Rudy and the court about the existence of additional notes from Associate Planner Abby Rivin’s telephone log and the existence of any soils reports between Feb. 2 and May 2, 2018, at the Fir Drive property. The city filed a notice to the court on Jan. 10, declaring no additional phone logs or reports.
Williamson found that the requested public records had all be disclosed as required by state code, and entered a final order granting the city’s motion for summary judgement and dismissing Rudy’s claims on Jan. 28.
A separate lawsuit, filed against Rudy on Jan. 30, 2019, by the Roberts brothers, accused him of trespassing, harassment, invasion of privacy and stalking. Williamson found that the complaint sufficiently alleged trespass and invasion of privacy and allowed Rudy to maintain his argument that harassment and stalking were not viable causes of action under Idaho law. Ultimately that case was dismissed on Aug. 19, 2019.