CITIZEN ZONING: Part 1 Special Zoning District protest provision allowing veto by owners of majority of property unconstitutional, similar to Part 2 in Williams… Moses. [Read more…]
Archives for June 2021
Settlements
Plan I
Casey Harvey, disk, 2/21, disputed, $7,500, Leslae Dalpiaz [Read more…]
Wrongful discharge, post-discharge grievance defects
WRONGFUL DISCHARGE: Post-discharge grievance irregularities not valid basis for claim of failure to follow personnel policy, independent damages complaint properly dismissed… statement that challenge of agency grievance process should be through judicial review was obiter… Menahan affirmed (memorandum). [Read more…]
Property boundary, surveyor’s map v. deeds
PROPERTY BOUNDARY: Surveyor’s map properly given priority over deeds in resolving ownership of gap between properties… Christopher affirmed (memorandum). [Read more…]
Rape, evidence of alleged victim’s long-term meth use
RAPE: Evidence of alleged victim’s long-term meth use properly limited… Souza affirmed (memorandum). [Read more…]
Aggravated assault, “reasonable apprehension”
AGGRAVATED ASSAULT: Response to jury’s request for clarification of “reasonable apprehension” with “subjective standard of the ‘reasonable man'” proper but might have been better to consult Montana caselaw than USLegal website… Murnion affirmed (memorandum). [Read more…]
Defense verdict, med-mal, newborn circumcision injury
VERDICT: Defense, medical malpractice, newborn circumcision injury. [Read more…]
Indians, tribal officers stopping non-Indian motorists
INDIANS: A tribal officer has authority to detain temporarily and search non-Indians traveling on public rights-of-way through a reservation for potential violations of state or federal law… Watters/9th Circuit reversed. [Read more…]
$850,000 verdict, easement disputem, false imprisonment
VERDICT: $100,000 compensatory and $750,000 punitives for false imprisonment awarded to Defendant/Counterclaimant in easement dispute… Defendant justified in using force against Plaintiff (attorney fees sought under this claim)… Plaintiff’s claims of battery, IIED, trespass rejected. [Read more…]
Settlements
Plan I
Tanya Archer, right lower extremity, 2/18, Flathead Co., Benefis accepted liability, paid benefits, dispute as to PPD and voc-rehab, $100,000 new money for all claims, stipulated judgment; Dean Blackaby for Archer, Abbie Cziok for Benefis Health System [Read more…]