WATER: §85-2-227(4) presumption of municipal nonabandonment procedural, not impermissibly applied retroactively… properly applied as to 7.35 cfs of creek, objector failed to rebut… City improperly found to have abandoned .6 cfs in light of “growing communities” doctrine… challenge to place-of-use restrictions fails for lack of notice AG… Tucker affirmed, reversed. [Read more…]
Archives for June 2017
Real estate, rescission action, attorney fees
REAL ESTATE: Attorney fees properly denied in rescission action due to failure to disclose recorded long-form indenture referenced in short-form as requested in discovery… Christopher affirmed (IOR I-3(c)). [Read more…]
Probate, law of case, funds in checking account
PROBATE: 2002 order to place accounts or their values at time of father’s death in 1994 rather than values at time of mother’s death in 2007 into trust constituted law of case… PR properly placed estate funds in checking account ready for distribution rather than higher-interest account for 3 years that objectors drew out the litigation… Huss/Hayworth affirmed (IOR I-3(c)). [Read more…]
Protective order, harassment via blog posts
PROTECTIVE ORDER: Harassment of ex-girlfriend via blog posts properly barred as stalking via “electronic communications,” not violative of free speech… Ulbricht affirmed (IOR I-3(c)). [Read more…]
DUI, 911 call, relayed observations
DUI: 911 call based in part on co-worker’s relayed observations sufficiently reliable… motion to suppress properly denied… Townsend affirmed. [Read more…]
Negligence, suicide after release from DUI
NEGLIGENCE: Claims against City and officers stemming from suicide of husband after taken to tribal jail for DUI investigation and then released to City officers who took him to girlfriend’s house where he shot himself dismissed on summary judgment… Larson. [Read more…]
Constitutional tort, defective yard hydrants
CONSTITUTIONAL TORT claim by water/sewer district against engineers of defective yard hydrants dismissed as “adequate alternatie remedies” are available under breach of contract/negligence theories… Jones. [Read more…]
Defense verdict, med-mal, screw into hip joint
VERDICT: Defense, med-mal, claim that timely lateral view x-rays in post-operative period following hip pinning would have revealed a screw penetrating into hip joint sooner, obviating need for hip replacement. [Read more…]
Defense verdict, UIM, rear-end MVA
VERDICT: Defense, $60,000 damages but $85,844 threshold UIM, rear-end MVA, neck/shoulder/knee. [Read more…]
Venue, “first-to-file,” anticipatory suit
VENUE: Transfer of organic wheat contract dispute from Montana to Oregon under first-to-file rule denied where “red flags” exist as to anticipatory suit in Oregon in apparent attempt to forum shop… Morris. [Read more…]
- 1
- 2
- 3
- …
- 6
- Next Page »