HOA BYLAWS: Preliminary injunction against commercial activities on subdivision lots properly granted… Laird affirmed (memorandum). [Read more…]
Preliminary injunction/agister’s lien, 2023 revisions
PRELIMINARY INJUNCTION/AGISTER’S LIEN: 2023 preliminary injunction revisions reconciled with Winter, applicant must make showing as to all 4 factors under 9th Circuit’s serious questions framework… District Court addressed only irreparable injury, remanded to make supplemental findings & conclusions as to all factors… preliminary injunction is available for agister’s liens… Rieger reversed. [Read more…]
Volunteer fire department, municipal v. private
VOLUNTEER FIRE DEPARTMENT properly found to be municipally owned, attempt to declare itself divested properly rejected… Murnion affirmed. [Read more…]
Oil/gas, 3/5th royalty reservation interpretation
OIL/GAS: English professor improperly allowed to interpret 3/5th royalty reservation… ambiguity improperly resolved in Defendants’ favor… laches improperly applied… Cybulski reversed. [Read more…]
Marital, pro se support obligations
MARITAL: Pro se support obligations properly determined… Hegel affirmed (IOR I-3(d)). [Read more…]
Oil/gas, lease termination, fees
OIL/GAS LEASE: Leases correctly found to have remained in effect by some production prior to expiration of primary term, continuation of drilling operation, diligent steps to rectify [Read more…]
Martial, trucking company division
MARITAL: Complicated trucking company assets & liabilities divided as equitably as possible… Simonton affirmed (IOR I-3(d)). [Read more…]
Oil & gas, pore space waste water compensation
OIL & GAS: Surface owner failed to establish entitlement to
compensation for use of pore space under abandoned well for disposal of
wastewater… Hegel affirmed. [Read more…]
Initial appearance, “unnecessary delay”
INITIAL APPEARANCE: Consequence for “unnecessary delay” in initial appearance held to be dismissal — without prejudice absent showing of specific prejudice… dismissal without [Read more…]
Corporate stock, “pledge” for loan, valuation
CORPORATE STOCK: Agreement erroneously declared to be pledge of farm shares to secure a loan, transfer to neighbor improperly invalidated for lack of consideration… 225 shares improperly canceled… punitives based on fraud not properly [Read more…]