Table of Contents | Lingnaw v. Lumpkin Criminal Law, Education Law, Government & Administrative Law, Real Estate & Property Law |
Associate Justice Ruth Bader Ginsburg Mar. 15, 1933 - Sep. 18, 2020 | In honor of the late Justice Ruth Bader Ginsburg, Justia has compiled a list of the opinions she authored. For a list of cases argued before the Court as an advocate, see her page on Oyez. |
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Idaho Supreme Court - Civil Opinions | Lingnaw v. Lumpkin | Docket: 47098 Opinion Date: October 8, 2020 Judge: Bevan Areas of Law: Criminal Law, Education Law, Government & Administrative Law, Real Estate & Property Law | Appellant Derrick Lingnaw, a registered sex offender, sought declaratory relief from the district court asking whether he could legally reside on his property. The district court found Lingnaw’s residence was within five hundred feet of property on which a school was located, as that term was used in Idaho Code section 18-8329(1)(d). The court thus denied Lingnaw’s request to enjoin the Custer County Sheriff, Stuart Lumpkin, from interfering with Lingnaw’s ability to reside on his property. The court also denied Sheriff Lumpkin’s request for attorney fees and costs. On appeal, the parties mainly disputed the district court’s finding that Lingnaw’s residence was within five hundred feet of a school. After review, the Idaho Supreme Court affirmed the district court's ruling that Lingnaw's property was within five hundred feet of property on which a school was located. Lingnaw raised a question of fact as to whether the building, ruled as a "school," was simply a gymnasium and building leased by the Bureau of Land Management (“BLM”); Lingnaw argued the plain meaning of “school” required some form of traditional educational instruction. The trial court found “that the gymnasium, as contemplated by the statute, is a school building utilized by the school for school functions on a regular basis . . . for sporting events and other school activities. And children are coming and going from that building on a regular basis.” Because it was “clear from the evidence” that Lingnaw’s property fell “well within” five hundred feet or the buildings’ property line, the district court found that Lingnaw lived within five hundred feet of a school. To this, the Supreme Court concurred. The district court's judgment was affirmed in all other respects. | |
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