Montana Law Week

The Weekly Digest of Montana Law

Archives for 2020

Easement, breach by hunting violation, outside access

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EASEMENT: Agreement breached by hunting violation, access of land outside easement… claims to private and public prescriptive easements properly rejected… fees properly awarded pursuant to agreement… unconscionability claim not preserved for appeal but undermined by arguments… Berger affirmed. [Read more…]

Easement, interpretation/clarification of 2014 judgment

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EASEMENT: Rules 59-60 correctly found not to apply to 2018 motion for interpretation/clarification of 2014 judgment in ranches’ easement dispute… but 2014 judgment incorrectly found ambiguous on its face or effect… but judgment nonetheless imprecise/uncertain warranting interpretation/clarification… but judgment misinterpreted and thus erroneously altered/amended… remanded for amended judgment in accordance with Supreme Court’s interpretation/clarification… Wilson affirmed, reversed. [Read more…]

Wages, Notice Letter mailing/delivery

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WAGES: Rule 301(b)(2) “preponderance of evidence” standard properly applied notwithstanding DLI’s “clear & convincing” standard to find that wage claim Notice Letter was mailed, statutory presumption of delivery properly applied to find that employer received Notice Letter and Determination… $7,601.50 attorney fees properly awarded on recovery of $1,700 wages and $1,870 penalty… Vannatta affirmed. [Read more…]

Theft, motorcycle, VIN alteration

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THEFT of motorcycle, VIN alteration convictions affirmed over challenges to not having the motorcycle at trial, citizen’s tip about suspicious motorcycle relayed by investigating officer as hearsay, failure to clarify jury query about altering stamped VIN v. altering title or bill of sale… J. Brown affirmed. [Read more…]