Montana Law Week

The Weekly Digest of Montana Law

Settlements

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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…]

Subdivision, Tribal access preemption, County liability

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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

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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…]