Montana Law Week

The Weekly Digest of Montana Law

Archives for 2017

Settlements

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Plan I

Dianne Hardke, left shoulder/neck, 7/16, Albertsons, Livingston, medical/ wage loss paid, Petitioner returned to work for short time but experienced too much pain, has been taken off work by her physicians, received a number of return to work releases but has now been taken off work, MMI expected in 10/17, Petitioner has been diagnosed with primary biliary cirrhosis, autoimmune interstitial lung disease, inflammatory polyarthritis, disputes as to ability return to work, whether inability is due to shoulder injury or other diagnoses unrelated to work injury, $15,000, stipulated judgment; Dianne Hardke, pro se; Adrianna Potts for Albertsons [Read more…]

Water, presumption of municipal abandonment

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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…]

Probate, law of case, funds in checking account

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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…]