IAP NETWORK Fourth Quarter 2014
IAP Network
IDAHO ASSOCIATION OF PARALEGALS
"IAP Network" is published
quarterly by the Idaho
Association of Paralegals,
Inc. and is provided as a
service to all members.
Articles and submissions
are welcome.
Opinions expressed in this
publication are those of
the authors and do not
necessarily represent the
opinions of the association
or its members.
Idaho Association of
Paralegals, Inc.
P.O. Box 1254
Boise, ID 83701
www.idahoparalegals.org IN THIS ISSUE...
Nuisance and Right 4
to Farm Act
Behave Yourself!
8
National Affairs
14
Paralegal
Perspectives
18
F O U R T H
Q U A R T E R
2 0 1 4
President’s Message
By Kimberly Schwisow
Welcome to the new IAP year! It
is amazing to think the Idaho
Association of Paralegals, Inc. has
been an organization for over 35
years. Many enjoyed the Annual
Meeting and Fall Seminar, with 35
-40 attendees throughout the day.
Thank you to all who attended!
suggestions regarding proper
posture and set up of your
workstation and are finding
physical relief from ailments like
eye strain, headaches and
shoulder pain. If you need an
personal consultation, feel free to
contact Raj.
Two of the presenters were very
well received by the attendees.
The first presenter of the day,
Tavis Reche, President and CEO,
of Virtual IT gave a detailed
discussion on personal and
business Data Security. Tavis
discussed what data breaches are,
how the breaches occur, how often
the breaches occur and techniques
we can utilize to protect ourselves
and businesses from a breach.
Tavis worked for four years as a
law firm IT manager and Virtual
IT currently supports many local
law firms. If your employer has
data or IT concerns, I would
highly recommend a consultation
from Virtual IT. The last
presenter of the day, Raj Issuree,
owner of Functional Physical
Therapy provided detailed and
specific ideas to improve your
workspace and your use of your
workspace. Many attendees have
already implemented his
The IAP Board is looking forward
to serving its members in the
coming year! If you would like to
serve on a committee or have any
ideas you would like to share
please contact any IAP Board
member. The first event is the
Holiday Open House on
Thursday, December 11 from 5:30
-7:30 at Carino’s at the Edwards
Spectrum. We will be providing
needed items to City Light. Please
mark your calendars and watch
for a formal announcement in the
next few weeks.
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IAP NETWORK Fourth Quarter 2014
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IAP NETWORK Fourth Quarter 2014
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IAP NETWORK Fourth Quarter 2014
Idaho Supreme Court Weighs in on Nuisance
and Right to Farm Act
By Chad W. Lamer, Partner, Spink Butler LLP
In the case McVicars
v. Christensen, 320
P.3d 948 (2014), the
Idaho Supreme Court
considered an appeal
from a Nez Perce
County district
court’s finding that Bret and Eddieka
Christensen’s (the “Christensens”) building
constituted a private nuisance to John and
Julie McVicars (“McVicars”). This case is
interesting because it discusses Idaho’s
Right to Farm Act and how it may or may
not apply to the expansion of farm activities.
By way of background, in 2006, the
Christensens obtained a building permit and
began construction of an indoor riding
arena building on their property near the
McVicarses’ property. The building when
completed was fully enclosed by the
membrane and had dimensions of 120 feet
wide by 260 feet long. The height of the
building was estimated to be between 42
and 50 feet at its peak. For the sake of
comparison, the building is roughly four to
five stories in height, only fourteen yards
shorter than a football field in length, and
has a width of twelve semi-trailers placed
side-by-side.
As usual in these cases of neighbor versus
neighbor, the relationship between the
McVicarses and the Christensens
deteriorated rapidly once the building was
completed.
On July 16, 2007, the McVicarses filed a
complaint alleging that the fabric building
was a private and public
nuisance. The complaint
alleged that odor, dust,
“Thiscaseis
and flies accumulated
from the Christensens'
interesting
horse operation, and that
becauseit
noise and light from the
discusses
fabric building interfered
with the McVicarses’ use
Idaho’sRightto
of their property. As a
FarmAct…”
remedy, the McVicarses
sought money damages,
the dismantling of the
building, and a permanent injunction on the
current uses of the building. An amended
complaint was filed in 2009, expanding on
the private nuisance claim.
In 2011, the district court found that the
Christensens’ course of conduct
unreasonably interfered with the
McVicarses’ enjoyment of their property and
was therefore a private nuisance. The court
order included a mandatory injunction
requiring the Christensens to remove the
fabric building from its current location and
to fully abate the cumulative effect of noise,
dust, traffic, lights, and odor that
constituted the private nuisance. The
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IAP NETWORK Fourth Quarter 2014
Right to Farm Act - cont’d.
Christensens appealed and the district court
issued a stay on the enforcement of the
judgment until the appeals process
concluded.
Two salient issues on appeal were: (a)
whether the district court erred in its
remedies to abate the private nuisance; and
(b) whether the district court erred in
finding Idaho’s Right to Farm Act does not
apply to this case.
Nuisance Remedies
In regards to the
remedies to address
“...theactapplies nuisance, the Supreme
Court stated that
onlytothe
encroachmentof generally, “[A]
landowner does not
urbanizing
have the right under
areas…”
nuisance law to prohibit
upon adjoining land the
erection of structures
that he or she considers
not to be aesthetically pleasing.” The
Christensens lawfully constructed the
building on their own property in
accordance with all relevant zoning
ordinances and therefore the district court
should have fashioned reasonable
restrictions to limit such interference with
the McVicarses’ use and enjoyment of their
property rather than completely enjoining
the building from its current location.
Right to Farm Act
In the initial action, the district court held
that the Right to Farm Act (“RTFA”) did not
apply because the act applies only to the
encroachment of urbanizing areas and in
circumstances where there have been
changes in the surrounding nonagricultural
activities. On appeal, the Christensens
argued that the district court erred by not
contemplating the applicability of the RTFA
on expansion of farm activities in an existing
agricultural area.
In making its decision, the Idaho Supreme
Court reviewed Idaho Code Section 224503, which states in part:
No agricultural operation, agricultural
facility or expansion thereof shall be or
become a nuisance, private or public, by any
changed conditions in or about the
surrounding nonagricultural activities after
it has been in operation for more than one
(1) year, when the operation, facility or
expansion was not a nuisance at the time it
began or was constructed.
The Idaho Supreme Court stated that “the
language of I.C. § 22–4503 clearly carves
out an exception where a change in
nonagricultural activities come to an
existing
agricultural
operation or
facility. The
statute does
not apply in
this case
because the
McVicarses’ home predated the building in
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IAP NETWORK Fourth Quarter 2014
Right to Farm Act ~ cont’d.
HELP NEEDED!
question, and there is no
evidence of a change in
the nonagricultural
activities in the area near
the fabric building.” The
Court held that the
change in conditions
impacting the McVicarses’
property came from the
offending nuisance, not from changes in the
character of the surroundings. Given this,
the district court was correct in not applying
an exemption under the RTFA.
At our Annual Meeting we
did not have any
candidates for Vice
President of Education and
the position currently
remains vacant; and, to
date, we have no
volunteers to serve on the
Education Committee.
The Supreme Court remanded the case with
instructions for the district court to analyze
whether the cumulative effects of the
activities on the Christensens' property
constituted a nuisance in fact without
considering the mere size and proximity of
the building alone to the McVicarses’
property.
This case provides guidance in that not all
farm activities will be protected under the
Right to Farm Act against nuisance claims.
If there are pre-existing structures and the
character of the adjoining uses predates the
farming "nuisances", then in such instances
farmers may find themselves in the same
situation as the Christensens.
Chad Lamer is a land use and real estate attorney
at Spink Butler, LLP in Boise, Idaho. This article
was originally published at The Idaho Land Law
Blog (www.idaholandlaw.com), which includes
regular updates regarding land use, real estate,
and construction law issues in Idaho.
Please consider
volunteering for the
Education Committee to
help plan the Spring
Seminar.
If we do not have a
committee we will NOT
have a Spring Seminar!
Please contact a board
member if you can help.
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IAP NETWORK Fourth Quarter 2014
WIN MOVIE TICKETS
Congratulations to AUDRA KERBY who was the winner for the August 2014
newsletter!!
AUGUST 2014 TRIVIA QUESTIONS AND ANSWERS:
1. How many active members does IAP currently have?
48 active members.
2. Who is Anne Wallace-Allen?
Reporter for the Idaho Business Review.
3. Who runs the ISU Paralegal Program?
Mary Huneycutt
4. Who is Mark Van?
5. Portneuf Medical Center (PMC) hired Mark Van in 1986 as a mechanic for its Life Flight
Program.
This Issue’s Trivia Questions:
1) What does desultory mean?
2) What does bellicose mean?
3) What were the issues on appeal in the McVicars v. Christensen, 320 P.3d 948 (2014)
case?
Two movie tickets to the first IAP member who emails Shannon Menard,
[email protected] with the correct answers. (Only one email per member,
please.)
Thanksgiving dinner takes eighteen
hours to prepare. They are consumed
in twelve minutes. Half-times takes
twelve minutes. This is
not a coincidence.
~Erma Bombeck
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IAP NETWORK Fourth Quarter 2014
Behave Yourself! 10 Words for Good,
Bad, and Indifferent Conduct
By Vocabulary.com, posted by Mignon Fogarty, Grammar Girl
It'simportanttobepreciseabout
behavior.Sayingthat"someonebreaksthe
rules"isboringanddoesn'tconveythe
nervetheyhaveinbreakingthemtheway
"someoneisbrazenly loutingtherules"
does.FromourfriendsatVocabulary.com,
herearewordsdescribingpeople's
behaviorthatareeasytoconfusewith
otherwords,oreasytobeconfusedabout,
period.
wordhasbeenmisunderstoodtomean
"abundant."
1.intemperate‐excessiveinbehavior
4.bellicose‐havingorshowingaready
dispositionto ight
Theproblemwiththiswordisthat
temperateisoftenassociatedwiththings
youdon'tdo—likedrink,orengagein
excessivebehaviorofanykind.Sowiththe
negativein‐atthefront,thewordmeans
toengageinthatkindofexcess.
2.fulsome—unpleasantlyandexcessively
suaveoringratiatinginmannerorspeech
3.insouciant—markedbyblithe
unconcern
It'ssometimeshardtotellifthiswordis
positiveornegative,becauseunhappy
peoplewhoareweigheddownwithcares
oftenuseittocritiquethehappy,care‐free
membersofsociety.
Anotherwordthatsoundsasifitmightbe
describingthepleasantlyplump,bellicose
actuallycomesfromtheLatintermfor
"war."
5.sanguine—con identlyoptimisticand
cheerful
Anexcessofbloodwasthoughttocause
Althoughitmaysoundcheerful,likeit
optimismandcheerfulnessinpeople,and
that'stheconnectionbetweenthe
means"havingafullbelly"or
"over lowing,"theconnotationsoffulsome meaningofthiswordanditsroot,which
means"blood."
arenotverypositive.Asusedinthe
phrase"fulsomepraise,"however,the
6.fastidious—givingcarefulattentionto
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IAP NETWORK Fourth Quarter 2014
Behave Yourself! - cont’d.
detail;hardtoplease;excessivelyconcerned Thiswordmaysoundsadordepressing,
withcleanliness
anditis,inthesensethatsomethingnot
well‐thoughtoutorhalf‐heartedcanbea
The"fast"partoffastidiouscanbevery
littlebitsad.Desultorysuggeststhatthe
misleading.Infact,peoplewhoarevery
intentionisthere,butthewillorstrength
fastidiousareoftenslowanddeliberate
toreallyseesomethingthroughtothefull
andcantakealongtimetodoanything.
extentmaynotbe.
7.ingratiating—calculatedtopleaseor
Toseemorewordsdescribingdifferent
gainfavor
kindsofbehavior,andtoaddthemtoyour
Nottobeconfusedwiththenouningrate, vocabulary‐learningprogram,seethefull
whichissomeonewhodoesn'tappreciate listatVocabulary.com.
whatisdoneforthem,ingratiating
Reprintedwithpermission.
describesapersontryingtogeton
MignonFogartyisthecreatorofGrammarGirland
someone'sgoodside,oftenbyinsincere
thefounderandmanagingdirectorofQuickand
means.
DirtyTips.Amagazinewriter,technicalwriter,and
8.stolid—havingorrevealinglittle
emotionorsensibility;noteasilyarousedor
excited
Thisisawordthatthankfullysoundslike
whatitmeans:solid,unmovedandmaybe
unmoveableemotionally.
entrepreneur,shehasservedasasenioreditorand
produceratanumberofhealthandsciencewebsites.
ShehasaB.A.inEnglishfromtheUniversityof
WashingtoninSeattleandanM.S.inbiologyfrom
StanfordUniversity.
Seemoreat:http://www.quickanddirtytips.com/
grammar‐girl
9.brazen—unrestrainedbyconventionor
propriety
Aboldwordforboldbehavior,brazenis
oftenusedassociatedwithoutlawsand
socialmis its—peoplewhodowhatthey
wantandjustdon'tcare.
10.desultory‐markedbylackofde inite
planorregularityorpurpose;jumping
fromonethingtoanother
PAGE 9
IAP NETWORK Fourth Quarter 2014
The pine stays greener
in winter...wisdom in
hardship.
~Norman Douglas
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IAP NETWORK Fourth Quarter 2014
Membership News
By Lesa D. Thomas, Vice President
of Membership
On September 15, 2014, the board approved Active
membership applications from Jennifer CaffertyDavis and Kelly Combs. The Board also approved an
Active Status Pending application from Keri Rowland.
The board is excited to welcome all three as new
members.
 Jennifer is currently employed by Parsons
Behle & Latimer. She holds a Paralegal
Certificate from Boise State University.
 Kelly is currently employed by Albertsons LLC.
She holds a Bachelor of Science in Paralegal
Studies from Kaplan University and is
currently enrolled in Kaplan University seeking
a Master of Science in Public Administration.
 Keri is currently employed by Andersen
Banducci PLLC. She has an Associate Degree
in Legal Technology from Idaho State
University.
IAP currently has 48 members: 41 Active members, 3
Active Status Pending members, 1 Student members, 2
Retired members and 1 Supporting member.
As a reminder, all Active and Active Status Pending
members are required to obtain at least six hours of
continuing legal education each fiscal year (October 1 to
September 30). If you have attended non-IAP-sponsored
CLEs, please remember to fill out the CLE form that can
be found on the IAP website (www.idahoparalegals.org)
prior to submitting the CLE materials to IAP for credit.
You can e-mail your completed CLE information at any
time during the year to
[email protected]. Furthermore, IAP
Bylaws require CLE forms to be submitted with proper
documentation to receive credit.
Lastly, please remember to let me know if you have a
change of address, e-mail address, employer or telephone
number to ensure that you continue to receive IAP news,
seminar information and job bank notifications.
PAGE 11
IAP NETWORK Fourth Quarter 2014
208-422-0232
www.dataonesecure.com
FEELING
GRATITUDE
AND NOT EXPRESSING IT IS LIKE
W R A P P IN G A PR E S E NT
AND NOT GIVING IT.
~ William Arthur Ward
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IAP NETWORK Fourth Quarter 2014
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IAP NETWORK Fourth Quarter 2014
By Audra Kerby, RP
National Affairs Representative
Although this is the final newsletter for
this calendar year, it is the beginning of my
service on the IAP Board as National Affairs
Representative. As your newly elected
National Affairs Representative, I thought I
would begin with a little introduction. I
have been a paralegal since January 1994,
when I began working for a small
law practice in Wichita, Kansas. I
joined the Kansas Paralegal
Association in 1994 and
maintained my membership until I
left Kansas for Idaho in 1998. During those
four years, I served a two-year term as a
District Director for the Wichita area.
Through their national affiliation with NFPA,
I became an automatic member and
although I left KPA, I have maintained my
membership with NFPA. I began my Idaho
paralegal
experience at
the law firm of
Eberle Berlin
in 1998,
moved to Holland & Hart in 2002 and to my
present employer, Andersen Banducci, in
2013. I sat for the PACE exam in 2000 and
have maintained my RP designation since
then as well. It is my goal to bring our
members valuable information on trends
happening around the country concerning
paralegals, as well other news on licensure,
technology and regulation. But, an
association is only as strong as its members
and if there is a specific topic you would like
to read about, please send me an email at
[email protected].
As many of you
know, there are
two main
paralegal
associations in
the United States - the National Federation
of Paralegal Associations (NFPA) and the
National Association of Legal Assistants/
Paralegals (NALA). Both associations
provide continuing education and
networking opportunities, as well as
professional certification programs, job
survey findings and other valuable
information for paralegals. Two other
organizations are The American Alliance
of Paralegals, Inc. and the National
Paralegal Association. I will bring you
information, news and happenings from
all four of these associations, as well as
information on the associations themselves.
I look forward to the upcoming year
and serving you on the Board!
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IAP NETWORK Fourth Quarter 2014
The IAP page on Facebook will be
coming soon!
IAP regularly emails job opportunity announcements to IAP
members. For additional job opportunities,
check the Idaho State Bar’s
website at http://www2.state.id.us/isb/job_announce/
announcements.cfm
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IAP NETWORK Fourth Quarter 2014
CLE Opportunities
Please visit the following websites for more
information.
Institute for Paralegal Education
www.ipe.nbi-sems.com
National Business Institute
www.nbi-sems.com
Practicing Law Institute
www.pli.due
Lorman
www.lorman.com
Idaho State Bar
www.isb.idaho.gov
West Legal Ed Center
www.westlegaledcenter.com
HalfMoon Education, Inc.
www.halfmooonseminars.com
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IAP NETWORK Fourth Quarter 2014
impartial provides accurate evidence‐based IMEs for the insurance and legal communities
January brings the snow, makes our
feet and fingers glow.
~ Sara Coleridge
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IAP NETWORK Fourth Quarter 2014
Paralegal Perspectives
By Joanne Kimey
Happy Fall and
Happy
Thanksgiving. I
know it’s a cliché
to say “where has
the year gone?”
but oh my gosh!
Where HAS the year gone?
It was great to see so many familiar
faces at the Paralegal Day luncheon in
September. That was a fantastic turnout to
celebrate our profession!
And what a great job was done by the
board and committee members who put
together the Fall Seminar. As always, they
pulled off a day-long seminar with great
food (how about that full breakfast to start
the day!), great speakers and fab-u-lous
giveaways! It was a great day to lean and reconnect with colleagues.
Seminar so those will be on the page, as
well as a few from Paralegal Day. I hope it
will be a page to share information about
the Association and expand our visibility.
In this season of Thanksgiving, I
want to say how grateful I am for this
Association, which I’ve been a member of
for almost 28 years. I’ve served gladly in
various ways, and my participation as a
member and as a board member has
helped me grow professionally. I’ve also
met and made some of my best friends as
a result of IAP. Believe me when I tell
you that bonds were formed during
board meetings as we hammered out
bylaws revisions and membership criteria
and I’ll be forever grateful that I have had
the opportunity to be part of such a
successful
organization.
Wishing you
and yours a happy
The Association’s Facebook page is
and blessed
almost ready to “go live!” If you are a
Thanksgiving, and a
Facebook lover like I am, watch for it. We’ll joyous holiday
probably send out a link so you can check it season!
out once it is up and running. Sherry
Gallivan took lots of great photos at the Fall
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IAP NETWORK Fourth Quarter 2014
Holiday Open House
Thursday, December 11
5:30-7:30
Carino’s
at the Edwards Spectrum
We will be providing needed items
(women’s, men’s (teenage boys)
socks, winter hats, and any warm
winter clothing) to City Light.
PAGE 19
IAP NETWORK Fourth Quarter 2014
BOARD MEMBERS
2014-2015
KIMBERLY SCHWISOW, PRESIDENT
[email protected]
208-333-2019
SHANNON MENARD,
VP OF POLICY & PUBLIC AFFAIRS
[email protected]
208-342-4411
VACANCY, VP OF EDUCATOIN
[email protected]
208-XXX-XXXX
KATHRYN BRANDT, VP OF
MEMBERSHIP
[email protected]
208-343-5454
SARA GRONBERG, SECRETARY
[email protected]
LESA THOMAS, TREASURER
[email protected]
208-331-4382
AUDRA KERBY, NATIONAL AFFAIRS
REPRESENTATIVE
NATIONAL
[email protected]
208-342-4411
BETH ROUNTREE, HISTORIAN & BOARD
ADVISOR
[email protected]
208-344-8035
IAP Board meetings are held regularly and are
open to all members. The Board welcomes your
comments, ideas and suggestions. Please call any
of us at the above phone numbers.
~Georgian Manor
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