CONTRACT: Defendant in lease suit entitled to attorney fees & costs from Co-Defendants for failure to defend him pursuant to Agreement… not precluded by majority rule adopted in ARCO (Mont 1991) as he seeks damages for failure to defend, not fees & costs related to establishing indemnification… Marks. [Read more…]
Subdivision, claim for statutory damages against County
SUBDIVISION: Claim for statutory damages against County for application denial not subject to 30-day limit under 2019 statute… §1983 complaint allegations improperly dismissed for failure to state claim… Larson reversed. [Read more…]
Subdivision, no “further subdivision of any lot”
SUBDIVISION: Covenant prohibiting “further subdivision of any Lot” ambiguous when not read in isolation, requires extrinsic evidence… statutory damages against County for approval of amended plat improperly denied on summary judgment… covenants properly found to obligate developer to serve each lot with dual water lines for domestic and irrigation, performance not excused by doctrine of impossibility… fees to HOA premature… Reynolds reversed, affirmed. [Read more…]
Zoning, large-scale water bottling plant in ag zone
ZONING: Large-scale water bottling plant properly held to be valid nonconforming use under agriculture zoning regulations… Allison affirmed. [Read more…]
Water, subdivision wells, outside use restriction
WATER: Covenant precluding use of water from subdivision wells outside of subdivision not a reasonable restraint on alienation of water right… J. Brown reversed. [Read more…]
Mine trespass, no valuable mineral deposits, no trespass
MINE TRESPASS: Because there were no valuable mineral deposits on Subject Claims, Wheelis improperly granted summary judgment for trespass claimants in 2013 (summary judgment was basis of damages-only ruling by Cuffe in 2018 trial which resulted in $3,325,000 verdict for owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine)… Wheelis/Cuffe reversed. [Read more…]
Real estate, alleged ranch bid rigging
REAL ESTATE: Alleged bid and earnest money deposit irregularities properly rejected on summary judgment as basis for overturning sale of $2.1 million ranch for $495,000… Rule 56(f) “fishing expedition” into auctioneer “bid-rigging” properly denied… Dayton affirmed. [Read more…]
Wastewater, box store “secondary impacts”
WASTEWATER: DEQ did not violate MEPA by not considering “secondary” impacts of big box store other than water quality and related construction of wastewater system… owner must be disclosed in application (not just realtor)… Menahan reversed, affirmed. [Read more…]
Zoning, Text/Map Amendments, UDJA fees
ZONING: Map Amendment properly invalidated, Text Amendment not also invalidated… UDJA fees improperly awarded… Ortley affirmed, reversed. [Read more…]
County growth policy, “property rights trump card”
COUNTY GROWTH POLICY: Alleged shortcomings in updating process do not rise to statutory or constitutional violation… “property rights trump card” lacks force of law, not unconstitutional… Ulbricht affirmed. [Read more…]