ZONING: Planning Board had jurisdiction to require casino in “donut” to apply for CUP, abuse of discretion properly applied to decision… CUP was required based on change from primarily store to casino, signage reviewable for conformity with surrounding property… denial of lighted artificial palm trees consistent with Growth Policy’s western theme… [Read more…]
Venue, horse sale in one county, buck in another
VENUE for implied warranty claim proper in Yellowstone where sale of horse occurred… venue for alleged misrepresentation of nature of horse “committed” in Yellowstone Co. where sale occurred, not Silver Bow where rider was bucked… Krueger reversed. [Read more…]
CPA, statute of limitations
CPA: Certified question by Haddon as to statute of limitations improvidently accepted due to fact issues as to continuing violation principle… order. [Read more…]
Negligent homicide, vehicle assault, endangerment
NEGLIGENT HOMICIDE/NEGLIGENT VEHICULAR ASSAULT/CRIMINAL ENDANGERMENT: Charges properly not dismissed after suppression of BAC test from blood drawn in hospital without advice of right to independent test… cross of witness properly limited as to drug charge [Read more…]
Speedy trial, length of delay below v. on appeal
SPEEDY TRIAL: Defendant may not argue for first time on appeal for length of delay different from that relied on when motion to dismiss decided, unless judge’s determination was clearly erroneous… Judge’s determination as to length of delay was 98 days short, but additional days would not change outcome, motion to dismiss properly denied… Langton affirmed. [Read more…]
Sexual exploitation/child porn, interstate commerce
SEXUAL EXPLOITATION/CHILD PORN: Homegrown porn affected interstate commerce… life sentences proper based on prior state sex assault… Molloy affirmed. [Read more…]
Double jeopardy, porn receipt/possession dismissal
DOUBLE JEOPARDY: Whether to dismiss porn receipt or possession conviction in discretion of judge, not prosecutor… Molloy reversed. [Read more…]
Sentencing, crack cocaine, Guidelines amendment
SENTENCING: Crack cocaine defendant who received full benefit of departure from mandatory minimum ineligible for resentencing under Guidelines amendment… Lovell affirmed. [Read more…]
Insurance, property/pollution exclusions, estoppel
INSURANCE: Insurer not estopped from asserting property exclusion for denying coverage even though adjuster omitted it in denial, since insurer never assumed defense and had no duty to defend… property damage exclusion applies, not necessary to determine pollution exclusion… [Read more…]
Costs
Costs objections denied as to nurse exhibits, sustained as to attorney trial travel and trial transcripts where there will be no appeal… Shea. [Read more…]
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