PORT AUTHORITY: Preliminary injunction based on alleged violations of open meeting and right to participate properly denied… Berger affirmed. [Read more…]
Probate, $1 no-contest provision, common-law marriage
PROBATE: Siblings properly awarded only $1 each from Estate based on Will’s no-contest provision and their challenge to their father’s common-law marriage and widow’s claim for elective share and statutory allowances… Cuffe affirmed (memorandum). [Read more…]
Marital, prior acquired properties, divorced, remarried
MARITAL: Estate with multiple prior acquired properties by divorced, remarried, reunited, separated, and divorced couple properly apportioned… Cuffe affirmed (memorandum). [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…]
$3,325,000 verdict, trespass across mining claims
VERDICT: $3,325,000 for trespass to owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine. [Read more…]
Supervisory control, residence pending emancipation
SUPERVISORY CONTROL denied as to Cuffe permitting minor to live with grandparents pending adjudication of emancipation petition. . . order. [Read more…]
Will, $1 to contestants
WILL: 4 children’s inheritance properly limited to $1 under “no contest” provision of mother’s Will as they lacked probable cause to contest validity of Will… PR properly awarded fees/costs for defending… Wheelis affirmed (IOR I-3(c)). [Read more…]
Attorney’s lien, legal description of property
ATTORNEY’S LIEN not invalid for not including legal description of the property… Wheelis reversed. [Read more…]
Adoption, step-mother, self-claimed IAC
ADOPTION of children properly granted to stepmother over objections of mother and appointed counsel’s self-claimed incompetence… Wheelis affirmed. [Read more…]
Property/sanctions, cabin encroachment
PROPERTY/SANCTIONS: Cabin encroachment claims properly rejected on summary judgment… $12,513.30 Rule 11 fees properly assessed despite some claims being “arguably judicable”… appeal sanctions denied… Wheelis affirmed (IOR I-3(d)). [Read more…]