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…]
$21,562 verdict, icy parking lot slip & fall
VERDICT: $21,562.20 net (40/60 negligence, 10% preexisting condition), icy parking lot slip & fall, knee/ ankle/tailbone. [Read more…]
Insurance, prior settlement release, discovery fraud
INSURANCE: Release clauses in prior MVA PI/ UTPA settlements not bar to claims against insurer based on withholding of parts of claims handling study (1st impression in Montana)… “special circumstances” support constructive fraud claim, pecuniary interest supports negligent misrepresentation claim… actual fraud sufficiently pled by assertion that [Read more…]
Farm equipment dealership, $243,847 judgment
FARM EQUIPMENT DEALERSHIP: Agreement subject to MFIDA per “community of interest” between tractor dealers… MFIDA 90-day notice provision not waived by agreement to 30-day termination clause… $243,847 bench judgment affirmed over $1.8 million claim by Plaintiff, [Read more…]
Interlocal agreement, merits v. injunction
INTERLOCAL AGREEMENT: Ultimate merits of agreement dispute improperly resolved prior to analyzing requested preliminary injunction… remanded for injunction pending trial on merits… Curtis reversed. [Read more…]