CLEAN INDOOR AIR: Smoking structures attached to casinos are “enclosed public places” subject to CIAA notwithstanding “vents,” enforcement not precluded by purported judicial admission, estoppel… fees improperly awarded to owners who prevailed at preliminary injunction stage but lost on merits… Pinski reversed. [Read more…]
Archives for February 2015
Will, standing to contest will, remove PR
WILL: Daughter of testator’s predeceased sibling who would take in intestacy has standing to contest will which did not name the sibling, but not to petition for removal of PR for cause because she has no property interest in the $5 million ranch estate (“person interested in the estate” synonymous with “interested person”)… Ulbricht reversed, affirmed (other grounds). [Read more…]
Open meetings, city manager hiring
OPEN MEETINGS: Illegal executive session for deliberation on selection of city manager remedied by additional public meetings… Manley affirmed. [Read more…]
Marital, custody, right to travel
MARITAL: Ohio mother’s right to travel not violated by order to return child to Montana where child was born and father lives… Townsend affirmed. [Read more…]
Rape, post-trial victim statements
RAPE: Untimely motion for new trial based on woman’s impost-trial statements that she remembered urinating on herself and could not feel below waist contradicting trial testimony that fluid was vaginal should have been granted because of reasonable probability of different outcome of trial of alleged digital massage rape, not left to postconviction consideration… Dayton reversed. [Read more…]
Restitution, insurance fraud
RESTITUTION properly ordered for initial theft claim which insurer paid although only disputing supplemental replacement value claim which it refused to pay… Menahan affirmed. [Read more…]
Drugs, plain-view marijuana plants
DRUGS: Deputies properly observed marijuana plants in plain view when they accompanied resident to rural residence for move-out assistance… Larson affirmed. [Read more…]
Election between assault/elder abuse
ELECTION BETWEEN OFFENSES: Claim of double jeopardy, illegal multiple offenses in charging elder abuse and aggravated assault premature before conviction… Oldenburg affirmed (opinion & order). [Read more…]
Partition, 1st/2nd wives, title insurance
PARTITION: Summary judgment as to 1/2 interest claimed by 1st wife in property 35 years after divorce and following death of ex-husband precluded by fact issues as to extent of unequal contributions, claim that ex intended her to have 1/2… summary judgment as to 2nd wife’s claim of adverse possession also precluded by fact issues… 2nd wife borrower is not 3rd-party beneficiary of title policy prepared for lender, 3rd-party complaint against title insurer alleging failure to disclose 1st wife’s interest in property dismissed… Tucker. [Read more…]
Jail negligence, alcohol withdrawal death
JAIL NEGLIGENCE: Hill Co. vicariously liable for any negligence attributable to Northern Montana Hospital as a cause of death of inmate from alcohol withdrawal… State not vicariously liable for any negligence for which Blaine, Hill, or NMH may be liable… Blaine not vicariously liable… summary judgment for NMH on 3rd-party contribution/indemnity claims asserted by Blaine & Hill… Plaintiff settled with NMH… Sandefur. [Read more…]
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