MARITAL: Correction of wife’s easement in split property based on erroneous COS may be made without involvement of non-party neighbor pursuant to Rule 60(b)(1)… Dayton reversed (memorandum). [Read more…]
Archives for June 2024
Robbery by common scheme, jail “hazing” screening
ROBBERY BY COMMON SCHEME: Conviction of jail inmate in “common scheme” to haze new inmates by screening for drugs and/or stealing their possessions affirmed… remanded to strike conditions that were not in pronouncement… Seeley affirmed, reversed (memorandum). [Read more…]
Revocation, failure to pay full amount
REVOCATION: Suspended sentence improperly revoked based on alleged failure to pay full restitution… Recht reversed. [Read more…]
SSD, denial of benefits
SSD: Denial of benefits affirmed… Kelley/Cavan affirmed (memorandum). [Read more…]
Hate crime, shooting to rid town of “lesbians and queers”
HATE CRIME: Conviction of hate crime for shooting at house in furtherance of “mission” to “rid” town of “lesbians and queers” affirmed… Morris affirmed. [Read more…]
Settlements
Plan I
Andrew Sandmeier, finger 2/21, hip/low back 9/22, near Nye, Stillwater initiated benefits due & owing, Petitioner underwent low back surgery, achieved MMI, assigned 12% impairment, returned to TOI job, disputes as to wage loss and ability to continue heavy labor, $55,000 for all claims, stipulated judgment; Megan Miller for Sandmeier, Joe Maynard for Stillwater Mining [Read more…]
Comp bad faith, discovery/sanctions rulings
COMP BAD FAITH: Supervisory control of Best denied as to “discretionary” discovery/sanctions rulings involving “disputed issues of fact” in suit against insurer and adjuster… Order. [Read more…]
Subdivision, Tribal access preemption, County liability
SUBDIVISION: Claims against County of negligent misrepresentation, NIED, and respondeat superior based on assurances of access rights to RV resort that Federal Court later found preempted by Tribe improperly dismissed under Rule 12(b)(6) as time-barred, better suited for summary judgment or trial… Larson reversed. [Read more…]
Zoning, Major Change in Use Permit, vacation rentals
ZONING: Judge properly determined that Major Change in Use Permit improperly allowed structures for short-term vacation rentals but erred in requiring restoration to unaltered condition… attorney fees & costs awarded to Plaintiffs properly allocated half against Intervenor property owners after County settled out… Eddy affirmed, reversed. [Read more…]
Water/sewer district, board members’ oath of office
WATER/SEWER DISTRICT: Board members not required to file oath of office, are immune even when oppression, fraud, or malice alleged… Gilbert affirmed. [Read more…]