SUBDIVISION: Conditional approval of preliminary plat for RV park upheld… Cuffe affirmed. [Read more…]
Quiet title, suicide note, signature on Deed
QUIET TITLE: Fact issues preclude summary judgment on validity of suicide note and signature on Deed purporting to leave property to daughter… Coffman reversed. [Read more…]
Easement, lakeshore access summer v. year-round
EASEMENT: Lakeshore easement not limited to summer, does not preclude regular residential use… Coffman affirmed. [Read more…]
54(b) certification
54(b) CERTIFICATION improvidently granted without consideration of requisite factors… Coffman reversed. [Read more…]
Costs, subdivision variance summary judgment
COSTS: Bill of costs in subdivision variance summary judgment properly found timely, did not include unallowable costs… Allison affirmed (memorandum). [Read more…]
Highway right-of-way, mailboxes placement
HIGHWAY RIGHT-OF-WAY: Challenge to placement of mailboxes in MDT right-of-way properly rejected for lack of standing/justiciability and no ministerial duty to support mandamus… Christopher affirmed. [Read more…]
Medical marijuana zoning, preliminary injunction
MEDICAL MARIJUANA: Preliminary injunction properly granted allowing continued operation pending litigation on compliance with zoning regulations… Eddy affirmed (memorandum). [Read more…]
Water system negligence, uninhabitable house
WATER SYSTEM NEGLIGENCE: Summary judgment rulings in case involving failure of water supply system resulting in residence becoming unhabitable… statute of repose applicable to designer/builder of system, not to “materialman” supplier of pipe fittings… Allison. [Read more…]
Negligence, home inspector standard-of-care expert
NEGLIGENCE: 3rd-party claim against home inspector dismissed for failure to retain standard-of-care expert… Eddy. [Read more…]
Real estate, seller’s disclosure, agent’s knowledge
REAL ESTATE: Knowledge of seller’s disclosure of oil pit imputed to agent for statutes of limitations, claims time-barred… attempt to avoid performance of partnership purchase agreement properly rejected… Townsend affirmed. [Read more…]