ZONING: Ag/forest protest provision unconstitutional delegation of legislative power to individuals to halt zoning changes… failure to name protestors cured by allowing early intervention… Townsend affirmed. [Read more…]
Archives for August 2013
Settled party defense, constitutionality
SETTLED PARTY DEFENSE: Supervisory control denied as to Pinski’s denial of constitutional challenge to 27-1-703… order. [Read more…]
Judge substitution, probate
JUDGE SUBSTITUTION: 30 days to substitute began when informal probate was converted to formal, once deadline passes for original parties to substitute, subsequently joined parties may not do so… Townsend affirmed (other grounds). [Read more…]
Fraud, forged deed, statute of limitations
FRAUD: Facts underlying claim that ex-wife forged signature on deed known or could have been discovered at divorce hearing, time-barred… due process not violated by dismissal without hearing… fees/costs improperly awarded on erroneous basis [Read more…]
Preliminary injunction, scoria mining
PRELIMINARY INJUNCTION improperly imposed against scoria mining in breach of lease action where pecuniary compensation would afford adequate relief… Bidegaray reversed. [Read more…]
Oil/gas, lease termination, fees
OIL/GAS LEASE: Leases correctly found to have remained in effect by some production prior to expiration of primary term, continuation of drilling operation, diligent steps to rectify [Read more…]
Marital, apportionment of ranches
MARITAL: Challenges to apportionment of ranches based on unconscionability, failure to formally disclose values, properly rejected… McKittrick/Sandefur affirmed. [Read more…]
Negligence, pellet stove installation, house fire
NEGLIGENCE: Pellet stove installers entitled to summary judgment for Plaintiffs’ failure to produce expert as to standard of care, competent evidence of causation of house fire… Langton. [Read more…]
Defense verdict, rear-end auto, lumbar
VERDICT: Defense, rear-end auto, admitted liability. [Read more…]
Firearms, Montana made, federally licensed
FIREARMS: Would-be manufacturer/seller of Montana rifle has standing to challenge adverse ATF ruling, but proscribed by federal law under Commerce Clause, Montana Firearms Freedom Act preempted… Molloy affirmed, reversed. [Read more…]
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