PROBATE: District Court sitting in probate had jurisdiction to interpret MPSA involving large ranch following husband’s death following divorce when deeds had not yet been signed, MPSA properly interpreted including correcting attorney’s scrivener’s error… PR daughter properly replaced by special administrator on petition by wife… Laird affirmed. [Read more…]
Archives for 2023
Probate, “independent paralegal” PR removal
PROBATE: “Independent paralegal” properly removed as PR from estates and denied remuneration due to “gross maladministration”… Ulbricht affirmed (memorandum). [Read more…]
Zoning, variance, burned apartment building replacement
ZONING: Variance properly granted to allow replacement of burned 9-unit apartment building with three 3-unit buildings… Allison affirmed (memorandum). [Read more…]
Highway right-of-way, mailboxes placement
HIGHWAY RIGHT-OF-WAY: Challenge to placement of mailboxes in MDT right-of-way properly rejected for lack of standing/justiciability and no ministerial duty to support mandamus… Christopher affirmed. [Read more…]
Judicial standards, sexual comments re stalking witness
JUDICIAL STANDARDS: Dayton to be publicly reprimanded, suspended without pay for 30 days, for sexual comments about a stalking witness… opinion & order. [Read more…]
Sentencing, parole restriction for indecent exposure
SENTENCING: Claim of ineffective assistance in failing to recognize that Defendant would be unable to withdraw indecent exposure plea if Judge imposed a parole restriction lacks record facts for direct appeal… State did not breach agreement when it advocated for rejection of Defendant’s request for probation… Lint affirmed (memorandum). [Read more…]
$1,499,300 verdict, malicious prosecution by law firm
VERDICT: $1,499,300 including $100,000 punitives, malicious prosecution of mortgage broker by law firm retained by credit union. [Read more…]
$105,000 verdict, “taking” of fields by stormwater runoff
VERDICT: $105,000, inverse condemnation, 35 acres of Plaintiff’s fields “taken” from farm entity by City by subdivision stormwater runoff at stipulated $3,000/acre. [Read more…]
Settlements
Plan I
Edward Roe, wrist, 8/18, disputed, $20,000, Lucas Wallace
Jason Denny, shoulder(s), 5/21, $15,000, Matthew Murphy [Read more…]
$$94,500 net verdict (10/90) intersection MVA, whiplash
VERDICT: $94,500 net (10/90 negligence), intersection MVA, whiplash/soft-tissue… settled following verdict. [Read more…]
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