CONDEMNATION: Water company being taken by City continues responsible for property taxes until final order entered, then may pursue remedies for taxes paid since summons… Seeley reversed. [Read more…]
Archives for 2017
Parenting, back & forth custody
PARENTING: Insufficient findings that shifting between Columbia Falls and Missoula 6 times in the year, 2 schools, is in child’s best interests… Larson reversed. [Read more…]
Sexual assault, specific unanimity
SEXUAL ASSAULT: Prosecutor’s argument that to acquit jury would have to conclude that child accusers lied did not affect outcome, new trial properly denied… no error in no specific unanimity instruction when trial focused on only one of two incidents… counseling records improperly withheld but would not have changed outcome… conviction affirmed… Todd affirmed. [Read more…]
Speedy trial, misdemeanor 6 months calculation
SPEEDY TRIAL: DUI trial set 1 day later under correct calculation of 6-month period for misdemeanors, remanded for dismissal… Wood/Cooney reversed. [Read more…]
Plea agreement, withdrawal v. enforcement
PLEA AGREEMENT/IAC: Standoff Defendant who elected to withdraw plea not entitled to specific performance of agreement… reason for not pursuing speedy trial motion not apparent on record, IAC claim more amenable for postconviction… Neill affirmed. [Read more…]
Quiet title, ouster of cotenants, oil & gas
QUIET TITLE: Cotenants “ousted” from oil & gas property via fee titles and adverse possession… Cybulski. [Read more…]
Discrimination, disadvantaged enterprises program
DISCRIMINATION: Fact issues preclude summary judgment on damage claims by subcontractor against Montana’s disadvantaged business enterprises program even though it does not currently employ gender/race goals… Christensen reversed, affirmed (unpublished). [Read more…]
Skier responsibility, collision with rocks
SKIER RESPONSIBILITY: Resort properly granted summary judgment against claims of skier who hit rocks… Christensen affirmed (unpublished). [Read more…]
SS, law of case
SS: Law of the case precludes challenging any ALJ finding which Court previously affirmed… Christensen affirmed (other grounds) (unpublished). [Read more…]
Environment, Kootenai Forest grizzlies
ENVIRONMENT: Kootenai Forest Young Dodge Project complied with ESA and NEPA as to grizzly impacts… Molloy affirmed (unpublished). [Read more…]
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