HOUSING REFORM legislation rulings affirmed, reversed… Salvagni affirmed, reversed. [Read more…]
Subdivision, RV park conditional approval
SUBDIVISION: Conditional approval of preliminary plat for RV park upheld… Cuffe affirmed. [Read more…]
$3,307,500 verdict, buy-sell access disclosure dispute
VERDICT: $3,307,500 verdict in buy-sell access disclosure dispute ($2,450,000 compensatory damages and $812,500 punitives against seller to buyers, $35,000 damages against seller’s agent, $10,000 damages against buyers’ agents). [Read more…]
Contract, fees for failure to defend v. indemnification
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…]