TAX DEED: Challenge of County’s purchase of coal rights in 1946 barred by 1-year statute under 1889 Constitution and 1935 statute allowing redemption of subsurface separate from surface… fees not awarded to County because it failed to prove the property in the quiet title complaint was worth less than $50,000 (not because its offer of a lump of coal was not more favorable than final judgment)… Spaulding affirmed. [Read more…]
Environment, wastewater mixing zone
ENVIRONMENT: Issues related to proposed wastewater mixing zone under subdivision deferred pending remand for EIS… private AG fees properly denied… J. Brown affirmed, reversed. [Read more…]
Insurance, county port authority fire coverage
INSURANCE: County’s Port Authority qualifies as insured under ambiguous catastrophic excess policy issued to MACo, policy covers loss of buildings within 1,000 of covered buildings including remnants of burned building, reformation properly denied to [Read more…]
Taxes, goodwill/intangible property regulations
TAXES: Goodwill/intangible property regulations conflict with statutes… Reynolds affirmed. [Read more…]
Coal taxes, county apportionment
COAL TAXES: DOR correctly apportioned tax to counties overlying mine… Sherlock affirmed. [Read more…]
Insurance, $10,047,387 Port Authority fire loss/fees
INSURANCE: Allianz, not MACo/JPIA, was insurer of Port Authority, policy covered burned buildings within 1,000 of listed buildings, reformation not available to drafter of contract of adhesion (1st impression), fire loss [Read more…]
CECRA, abatement plan, RR as “arranger”
CECRA: RR properly not required to comply with ROD abatement plan until approved by Court (ROD challenge was [Read more…]
Venue, witness convenience, interlocutory appeal
VENUE: Curtis’s transfer from Flathead to L&C under §25-2-201(3) not subject to interlocutory challenge. [Read more…]
Venue, no rationale for change order
VENUE change order by Curtis cannot be reviewed without rationale… order. [Read more…]
Petroleum release, statute of limitations
PETROLEUM RELEASE: All but 1 leak reimbursement claim barred by 8-year statute… McCarter. [Read more…]