Latest Case: Richel Family Trust v. Worley Hwy Dist (Real Estate & Property Law)

The Selfie Coup: How to Tell If Your Government Is Plotting to Overthrow Itself

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, describes how to tell whether a government is plotting to overthrow itself—a phenomenon he calles a “Selfie Coup.” Falvy explains the difference between a Selfie Coup and creeping authoritarianism by providing examples of both and argues that the more aware civil society is of the possibility of a Selfie Coup, the more likely it can prepare its defenses in time to prevent it.

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Richel Family Trust v. Worley Hwy Dist

Docket: 46172

Opinion Date: July 22, 2020

Judge: Stegner

Areas of Law: Real Estate & Property Law, Zoning, Planning & Land Use

The issue this case presented for the Idaho Supreme Court's review was the judicial review of a validation order issued by the Worley Highway District Board of Commissioners (the Highway District). The order validated Road No. 20 (also known as Sunny Slopes Road) across the Northwest and Northeast Quarters of Section 34, Township 47 North, Range 4 West, Boise Meridian, Kootenai County, Idaho. The purported road crossed properties owned by the Richel Family Trust and property owned by Jeanne Buell. The Trust did not contest the validation of the road in the Northwest Quarter of Section 34. However, the Trust requested judicial review of the validation of a portion of the road in the Northeast Quarter of Section 34. The district court affirmed the Highway District’s validation order. The Trust appealed the judicial review and affirmation, arguing the deed that purportedly conveyed the public right-of-way was void because it contained an insufficient description due to the loss of extrinsic evidence mentioned in the deed. Additionally, the Trust argued that many of the Highway District’s factual findings and legal conclusions were not supported by substantial and competent evidence. Further, the Trust argued that if the Highway District’s validation order was affirmed, it amounted to an unconstitutional taking under both the Idaho and United States constitutions. After review, the Supreme Court affirmed the district court’s order affirming the Highway District’s validation order. The Court determined the Trust could not establish an actual taking.