WATER PIPELINE agreement created easement in gross, not appurtenant, valid requirement for consent to assign, grantors had right to reasonably withhold consent to agribusiness… no prescriptive easement based on claimed adverse use of ditch… Oldenburg affirmed. [Read more…]
Archives for July 2015
Tax deed, document errors, titling confusion
TAX DEED properly invalidated due to document errors that violated statutes, created titling confusion… Jones affirmed. [Read more…]
Right to know/participate, County, private bridge
RIGHT TO KNOW/PARTICIPATE not implicated by County considering small bridge on private property with limited use… no standing to sue County for negligence because no property interest in crossing… fees to County properly denied… Gilbert affirmed (IOR I-3(d)). [Read more…]
Mental commitment, machete perseveration, overt
MENTAL COMMITMENT: Testimony of professional that person wanted to harm people with machete and disjoined perseveration about machete sufficient overt acts to warrant commitment regardless of any erroneous reliance on petition allegations… Larson affirmed. [Read more…]
Auto dealership, same line-make franchise
AUTO DEALERSHIP: Subject jurisdiction/federal preemption must be considered in same line-make franchise award following termination as part of Ch. 11 sale in light of 6th Circuit ruling… order. [Read more…]
Robbery, pretrial punishment, “criminal purpose”
ROBBERY: Plain error review declined for claims of pretrial punishment by being held in solitary & restraints for 5 months prior to sentencing, allegedly sanctioned by Judge at transport hearing while Defendant was at MSH for fitness evaluation… “criminal purpose” of robbery not completed when shoplifted goods were abandoned outside store after being confronted, ripened into felony robbery when he injured or threatened to injure pursuers… Defendant required to testify to lay foundation for justifiable force… Deschamps affirmed. [Read more…]
DUI, crossing/touching lines, photogrammetry
DUI: Particularized suspicion for stopping vehicle based on crossing yellow line early Sunday, plus weaving and touching lane line 2nd time, over testimony of photogrammetry expert… Langton affirmed (IOR I-3(d)). [Read more…]
Sentencing, discharge date in excess of sentence
SENTENCING: Discharge date that falls year or more after end date of original 15 years for SIWC was due to Defendant’s conduct in repeatedly violating probation… Bidegaray affirmed (IOR I-3(d)). [Read more…]
Speedy trial, misdemeanor DUI
SPEEDY TRIAL claim in misdemeanor DUI case properly denied due to continuances granted for Defendant and evidence of willingness to postpone trial based on attorney’s representation that she planned to file speedy trial waiver… Swingley/Seeley (IOR I-3(d)). [Read more…]
Insurance, anti-stacking provision
INSURANCE: Anti-stacking provision upheld, certification denied… Christensen affirmed (unpublished). [Read more…]
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