Jon Stenquist is an experienced commercial and real estate attorney. His practice focuses on problem solving through transactional and litigation solutions.

Capabilities

Biography

Jon Stenquist is a commercial and real estate attorney with more than 20 years of experience. He began his legal career in Houston, Texas, where he represented large clients in complex legal disputes and transactions.

Mr. Stenquist's varied experience has provided him with a unique and valuable perspective in addressing commercial contracts, complex real estate transactions and dispute resolution. As such, he is an outstanding resource for small and large companies requiring outside general counsel.

Jon is recognized as an effective advocate who has a deep understanding of the process and economics of litigation. This expertise allows him to provide his clients with both strategic guidance and confidence in addressing their legal needs and business objectives.

Experience

Idaho Supreme Court - Successful Establishment of Prescriptive Easement

Successfully established a prescriptive easement across multiple properties. Initially losing at trial, the Idaho Supreme Court reversed and remanded the case to the district court which granted roadway access to an 80-acre parcel via a prescriptive easement. This important decision clarified that one of the key elements of a prescriptive easement - “adverse and under a claim of right,” is a legal element, not a practical one. Because the owners of the two properties had been friends for generations, the trial court initially held that permission was implied. However, plaintiff was able to show that the use was legally adverse, albeit friendly. The Supreme Court decision also clarifies and discusses the various circumstances in which the parties bear the burden of proof of the necessary elements of prescriptive easements.

Idaho Supreme Court – Successful Trial Verdict and Successful Appeal

Parsons Behle & Latimer represented a cattle rancher who brought claims against a neighboring rancher for property damage, trespass, fence construction costs (Idaho Code section 35-103) and intentional driving of cattle onto the client’s land to graze without compensation. Parsons also successfully defended against the neighbor’s counterclaims, including a claim for prescriptive easement across the client’s lands. As the Supreme Court put it “This litigation stems from the contentious relationship between adjacent landowners over subjects as old as the American West: land, cattle, and fence lines.” On appeal, Parsons successfully obtained a reversal of the District Court who failed to award overgrazing damages, and successfully defended against the defendants’ issues raised on appeal.

Idaho Supreme Court – Successful Defense of Lender Liability Claims

Represented Chase Bank and successfully obtained summary judgment against claimants who raised multiple counterclaims including bad faith and predatory lending. The Supreme Court upheld the district court granting the lender’s motion for summary judgment and denied the borrowers’ motion to amend the counterclaims to add a fraud claim. The Supreme Court awarded Chase attorney fees on appeal.

Accomplishments

Academic

Brigham Young University, J. Reuben Clark School of Law (J.D., 1999)

University of Texas Executive Education Program (1999)

Brigham Young University (B.S., 1996)

Associations

Professional

Idaho AGC (Associated General Contractors)

Member

Idaho Banking Association

Member

Federal Bar Association – Banking Law, Bankruptcy Law, and Federal Litigation

Insights

Presentations

Credentials

Licensed

Idaho
Utah
Wyoming
Texas
U.S. Court of Appeals, 1st Circuit
U.S. Court of Appeals, 9th Circuit

Education

Brigham Young University, J. Reuben Clark Law School