CITY SEWER/WATER: Expert valuation testimony properly excluded for untimely disclosure despite untimely motions to exclude… jury properly instructed as to unjust enrichment… award for election of contract damages (versus negligence) proper in one respect, improper in another… amount of fees awarded ($140,980) unreasonable in light of minimal recovery/demand… Gilbert affirmed, reversed. [Read more…]
Archives for September 2016
Realtor commission, “exhaust all remedies”
REALTOR COMMISSION: Realtor seeking to collect commission “reasonably” complied with “exhaust all remedies” clause in some respects… reasonableness of failure to execute on California bank account not amenable to summary judgment… Langton affirmed, reversed. [Read more…]
Right to know, UM rape investigation records
RIGHT TO KNOW: UM rape investigation records to be reviewed to determine which if any can be released to Colorado journalist… Seeley affirmed, reversed. [Read more…]
Plain error, spectator outburst
PLAIN ERROR review of Judge’s response to spectator outburst in incest/rape/sexual assault trial declined… Manley affirmed. [Read more…]
Double jeopardy, elder abuse/aggravated burglary
DOUBLE JEOPARDY: Elder abuse and aggravated burglary not multiple convictions, attorney not ineffective for failing to object… Dayton affirmed. [Read more…]
Scheduling order modification, trial date
PROCEDURE: Good cause/extraordinary circumstances not shown for modifying agreed scheduling order to extend trial date… Molloy. [Read more…]
Settlements
Plan I
Mindy Flock, low back, 1/16, $55,000, Paul Odegaard [Read more…]
Fire hydrant negligence, public duty
FIRE HYDRANT NEGLIGENCE: No trial issue of claim of negligent maintenance of hydrant that spewed mud as evidence shows house could not have been saved by additional water… no need to reach public duty… Oldenburg affirmed (other grounds) (IOR I-3(c)). [Read more…]
Water, “combined appropriation” rules
WATER: 1993 rule interpreting “combined appropriation” in WUA as “groundwater developments that are physically manifold into the same system” properly invalidated, 1987 rule that “groundwater developments need not be physically connected nor have a common distribution system to be considered a `combined appropriation”’ properly reinstated… DNRC improperly ordered to initiate rulemaking…. Sherlock affirmed, reversed. [Read more…]
Water, quantified volumes, implied claims
WATER: Quantified annual volumes properly adopted in light of longstanding hostilities… implied claims for irrigation, stock, domestic properly rejected… Ritter affirmed (IOR I-3(c)). [Read more…]
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