RESPONDEAT SUPERIOR/SUPERVISION claims against securities brokerage stemming from failed TICs time-barred as agent’s relationship not concealed… Sherlock/Reynolds affirmed. [Read more…]
Archives for September 2014
Water, diversion/place of use, pre-73 law
WATER: Objector failed to present sufficient evidence to contradict ranch’s claimed point of diversion and place of use under pre-73 law… Lambert/Loble affirmed. [Read more…]
Attorney suspension, failure to respond, real estate
ATTORNEY SUSPENSION for failure to respond, failure to provide competent representation… order. [Read more…]
Failure to register, MSP v. DOC, sex conditions
FAILURE TO REGISTER: Sentence to MSP rather than DOC constituted rejection of plea agreement without opportunity to withdraw plea, remanded for correction or opportunity to withdraw… disputed sex offender conditions recommended in prior sex assault conviction properly imposed for failure to [Read more…]
Restitution, ongoing sex abuse counseling claims
RESTITUTION for sex abuse victims for 5 years per 2008 sentence not abated, properly extended 3 years pursuant to 2008 requirement for full payment… Gilbert affirmed. [Read more…]
Inverse condemnation, subdivision steep slope
INVERSE CONDEMNATION: Remedy for taking/ damage claim resulting from City’s alleged improvident approval of subdivision and building permit on steep slope does not pass to property owners who purchased after the approvals… Ulbricht. [Read more…]
$3,655 verdict, rear-end MVA, low back
VERDICT: $3,655, admitted liability rear-end MVA, low back. [Read more…]
SMCRA, prospective coal mine approval
SMCRA: Suit to bar DEQ Director from approving coal mining permit because she assertedly will violate “subsidiary duties” properly dismissed for lack of standing and ripeness because alleged injury not imminent… “firm prediction” not possible… Christensen affirmed. [Read more…]
Suspicionless searches, child pornography
SUSPICIONLESS SEARCHES properly imposed on child pornography Defendant… Cebull affirmed (unpublished). [Read more…]
Settlements
Plan I
Richard Ruther, 5 claims 10/90-10/09, disputed, $94,000, stipulated judgment; Stacy Tempel-St. John for Ruther, Todd Hammer for Plum Creek Timber [Read more…]