ATTORNEY FEES: Subdivision developers awarded $371,513 fees & costs in successful challenge of lot owner’s attempt to amend covenants to prevent developers from developing their retained large lot after 37 other owners settled for $157,500 [Read more…]
Archives for 2013
Adversary proceeding, $4,370,021, guaranty, usury
ADVERSARY PROCEEDING: $4,013,411 awarded to Ch. 7 Trustee on avoidance theories, $356,610 for violation of usury laws, involving guaranty of $13 million loan to son of insolvent Debtor Yellowstone Club co-developer Edra Blixseth… Kirscher. [Read more…]
Settlements
Plan II
Wanda Breeding, internal organs, 1/91, disputed nature & extent of widow’s benefits claimed by Estate of Wanda Breeding, $40,761, stipulated judgment; Laurie Wallace, Jon Heberling, and Ethan Welder for PR Dan Neff, Todd Hammer for Transportation Ins. [Read more…]
Lending breach, residential v. commercial loan
LENDING BREACH/TITLE INSURANCE: Breach of contract/negligence claims for converting 30-year residential loan to 18-month “consumer bridge” on residential condo in commercial zone without knowledge of borrower properly [Read more…]
Lending breach, rate increase on permanent loan
LENDING BREACH: Claims relating to rate increase on permanent house loan for failure to timely pay construction loan properly rejected on summary judgment despite other disputed facts… Lympus affirmed (IOR I-3(d)). [Read more…]
Banking, credit reputation, conversion, distress
BANKING: Claims relating to credit reputation preempted by FCRA… claim of conversion of $449.40 escrow balance properly rejected on basis that Plaintiff did not pursue funds before suing and bank then returned funds, no evidence of [Read more…]
Wrongful discharge, arbitration acceptance
WRONGFUL DISCHARGE: Court lost jurisdiction over and properly dismissed spoliation/declaratory claims once Plaintiff agreed to arbitrate WDA claim, but similarly had no jurisdiction to rule that 39-2-914(5) does not violate jury, equal [Read more…]
Water, appropriation notice “error” correction
WATER: Amendment of appropriation notice based on claim that wrong section was listed in 1896 properly denied… Lambert/Loble affirmed. [Read more…]
Water, use agreement with Tribes/US
WATER: Injunction improperly granted on grounds not requested by water users… irrigation districts not statutorily required to conduct vote or seek court approval before entering into water use agreement with Tribes and US… McNeil reversed. [Read more…]
Negligent homicide, photos of dead firefighter
NEGLIGENT HOMICIDE: Photos of dead firefighter in vehicle that was struck by jackknifing semi at accident scene properly admitted to show severity of impact and manner of collision… Deschamps affirmed. [Read more…]
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