ROAD EASEMENT: Road properly found to be private due to lack of public road by petition or prescriptive easement… Gilbert affirmed. [Read more…]
Water, standard of review, water volume
WATER: Incorrect standard of review of Water Master Ritter’s findings by Water Court nonetheless produced proper water volume result… McElyea affirmed. [Read more…]
Water, Pondera rights rulings
WATER: Pondera rights rulings affirmed, reversed. [Read more…]
Water, Eureka Reservoir, 1890 canal rights
WATER: Off-stream storage in Eureka Reservoir not included in 1890 canal rights… Ritter reversed. [Read more…]
Default judgment, pro se home inspector
DEFAULT JUDGMENT against pro se home inspector with no hearing to establish damages solely because he was the only Defendant without resources to navigate the system and driving him to bankruptcy by liability that did not exist in first place miscarriage of justice… remanded to direct Plaintiff to reimburse for amounts recovered out of $270,809 judgment… appeal not mooted by bankruptcy discharge… McNeil reversed. [Read more…]
Water, 1913/1942 reservoirs, 1895/1897 rights
WATER: 1913/1942 reservoirs did not increase amount diverted or period of diversion, reservoirs included in 1895/1897 rights… Ritter affirmed. [Read more…]