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Mary York

Partner

800 W. Main Street, Suite 1750, Boise, ID 83702

Mary York’s practice focuses on condemnation cases and real estate litigation. She helps her clients assess legal issues, evaluate resolution options, and achieve favorable outcomes.

As a former Deputy Attorney General for the Idaho Transportation Department, Mary gained broad experience in eminent domain cases and transportation- and construction-related matters. She now applies that experience to representing her clients, which include both governmental agencies and landowners alike, in condemnation disputes and other litigation matters. 

Mary is an experienced trial lawyer who understands the range of factors that contribute to litigation and settlement proceedings in these matters. She applies this knowledge to anticipate opposing counsel’s strategies and identify stronger positions for her clients on a case-by-case basis. 

In addition to condemnation matters, Mary helps her clients resolve a variety of real estate issues as well as general litigation.

Mary served as a law clerk for the Chief Justice of the Idaho Supreme Court, Chas. F. McDevitt.

Experience

Condemnation Litigation
  • Pre-Condemnation Review and Analysis    
  • Managing Experts, including Appraisers, Engineers, and Other Specialists
  • Land Valuation Issues and Strategies
  • Litigating Condemnation Cases
  • Settlement Negotiations
  • Mediations
  • Appeals
Real Estate and Construction
  • Contract Issues
  • Boundary Disputes
  • Title Ownership Disputes
  • Construction Bid Disputes
  • Construction Claims
Commercial Litigation

Mary represents clients in all stages of complex civil litigation matters, including appeals and pre-litigation negotiations.

Client Results

Condemnation Law
  • Lead counsel in highly visible condemnation case resulting in dismissal of landowner's $7,000,000 claim against our client on summary judgment. Furthermore, following a five-day bench trial, our client prevailed with a judgment valued at $675,000, which was the amount testified to by our client’s experts. In addition, the judge ordered the landowner to pay litigation costs, a precedent-setting outcome.

  • Lead counsel in condemnation action taken to the Idaho Supreme Court. On appeal, the Supreme Court wholly affirmed the district court's summary judgment decision and rejected the landowner's arguments in their entirety. This case established precedent in Idaho that loss of visibility is not compensable. Our success saved the client the $2.2-$7 million damage claim sought by the landowner.

  • Lead counsel in condemnation jury trial, which resulted in favorable jury verdict supporting client’s positions taken in case and rejecting opposing side’s positions.

  • Lead counsel on several condemnation actions on behalf of governmental agency resulting in favorable settlements of all cases on behalf of clients.

Real Estate Law
  • Lead counsel in a real estate dispute resulting in dismissal of claims asserted by large mining company to obtain mineral rights belonging to landowners. Our clients prevailed on summary judgment. 

  • Lead counsel in utility relocation and condemnation dispute. The case was resolved with terms beneficial to client and that resolved manner in which future utility relocations within client’s jurisdictions would be handled.

News

Speaking Engagements

Education

Bar Admissions

Court Admissions

Recognition

  • Chambers USA: America’s Leading Lawyers for Business, Litigation: General Commercial, 2014-2018
  • Idaho Business Review, Women of the Year Award, 2016
  • Idaho Business Review, Accomplished Under 40 Award for emerging business leaders, 2007
  • National Association of Women Lawyers, Outstanding Law Graduate, 1994

Memberships and Affiliations

  • Federal Bar Association Mentorship Program, Mentor

Professional and Civic Affiliations

  • Idaho State Bar Association, Government & Public Lawyers Section, Member
  • Idaho State Bar Association, Appellate Section, Member
  • American Bar Association, Member
  • American Inns of Court, No. 130, 1998-1999, 2017-2018
  • Idaho Women Lawyers and Idaho Women Lawyers Mentorship Program, Member
  • Treasure Valley Walk to Cure Diabetes, Co-chair, 2012 and 2013
  • Juvenile Diabetes Research Foundation, Utah/Idaho Chapter, Member, Board of Chancellors
  • Juvenile Diabetes Research Foundation, Utah/Idaho Chapter, Member Idaho Leadership Council
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