HOSPITAL/RADIOLOGIST CONTRACT: Preliminary injunction against hospital properly granted in reappointment dispute… Newman affirmed.
Jesse Cole has been a radiologist at St. James since 1996. Bylaws require [Read more…]
Game farms, I-143 fee shooting termination, taking
GAME FARMS: I-143 termination of fee shooting upheld over regulatory takings claims… Rice affirmed. [Read more…]
Game farms, I-143 taking, severance/venue, jury
GAME FARMS: Plaintiffs with different I-143 claims properly not severed, venue properly changed from Blaine to L&C… liability properly determined by Judge rather than jury… federal analysis properly applied to regulatory takings claims… categorical/regulatory takings claims [Read more…]
Property, implied easement by pre-existing use
PROPERTY: Implied easement by pre-existing use via FS road… easement which originally involved logging now permits harvesting rock… conclusion that rock harvesting not a nuisance not supported by findings, remanded for findings… McNeil affirmed, reversed. [Read more…]
Building permit, size/setback, permit v. ordinance
BUILDING PERMIT: House failed to meet size/setback requirements of site zoning permits, which were stipulated to control over ordinances… house properly ordered removed… counterclaims properly disposed of by summary judgment rather than jury… Mizner affirmed. [Read more…]
Marital, Mexican mother, parenting, property
MARITAL: Challenged audio tapes provided sufficient record of Master’s trial… mother’s Mexican status not considered in adoption of parenting plan, despite single statement by GAL… husband properly made primary parent… Henson/Larson affirmed. [Read more…]
Theft, pre-trial non-standard photo ID
THEFT: Pre-trial non-standard photo ID (mugshot and 1 other photo) by pursuing officer not violative of due process… Harkin affirmed. [Read more…]
Sentencing, time-served credit, Oregon/Montana
SENTENCING: Credit properly allowed only for time served beginning when arrest warrant issued for violation of Montana probation, not time in Oregon related to Oregon crimes… McNeil affirmed. [Read more…]
Sentencing, new sentence, new conditions
SENTENCING: No authority to add new conditions to new suspended sentence in 1997 under 1993 law, therefore no authority to reimpose unauthorized conditions in 2007… unauthorized conditions ordered stricken, remainder of sentence retained… Stadler affirmed, reversed. [Read more…]
Sentencing, therapeutic polygraph condition
SENTENCING: Therapeutic polygraphing properly imposed on rape defendant… alcohol condition improper… Baugh affirmed, reversed. [Read more…]