CLASS ACTION: Disposition of $227,000 remaining from $5 million consent decree requiring refunds to parties who had paid City “impact fees” properly resolved. . . Cybulski affirmed. [Read more…]
Shopping center leases, fraudulent inducement
SHOPPING CENTER LEASES: Case law as to fraudulent inducement applies to leases as well as purchases/sales, disputed fact issues as to whether Defendant was fraudulently induced into lease by representations as to environmental remediation issues and whether Defendant anticipatorily repudiated leases… motion to quash subpoenas duces tecum based on alleged confidential information denied, fees/costs denied for responding… declaratory decree denied as to how Montana law treats subsequent sale of leased property… MOU filed under seal out of abundance of caution… discovery compelled as to subsequent sale, fees/costs awarded… J. Brown. [Read more…]
Political practices, sufficiency decision venue
POLITICAL PRACTICES: Action seeking declaration that sufficiency decision should be filed in candidate’s county rather than L&C nonjusticiable in light of subsequent enforcement action in L&C… H. Brown affirmed. [Read more…]
Venue, campaign practices declaratory action
VENUE: Campaign practices dec action properly moved from Park to L&C where enforcement action was pending, but improperly sent to specific judge presiding over enforcement action… consolidation up to L&C judges… Gilbert affirmed, reversed. [Read more…]
Floodplain regulation, stipulation, sanctions
FLOODPLAIN REGULATION: Regulatory issues resolved by stipulation for declaratory judgment… claim for sanctions for County’s “deceitful representations” in obtaining $116,459 sanctions against Plaintiffs rejected as attempt to circumvent stipulation… Haynes affirmed (IOR I-3(d)). [Read more…]
Fraud on court, res judicata, attorney fee collection
FRAUD ON COURT claim in attorney fee collection properly rejected based on res judicata, law of case, waiver following prior default judgment affirmance… request for “reasonable” appeal fees [Read more…]
Easement, adverse use, FS ownership
EASEMENT: Adverse use of property cannot run while federal government owns it, did not begin until FS conveyed title to private entity, no adverse use during period of license agreement, agreement improperly invalidated based on purportedly false [Read more…]
Preliminary injunction, scoria mining
PRELIMINARY INJUNCTION improperly imposed against scoria mining in breach of lease action where pecuniary compensation would afford adequate relief… Bidegaray reversed. [Read more…]
Attorney fees collection, $94 owed, $5,020 default
ATTORNEY FEES COLLECTION: Pro ses’ motion for relief from default judgment in fee collection action properly denied as untimely under 2009 version of 60(b)(3) (60 days v. 1 year under 2011 version)… $808.80 fees incurred in pursuing [Read more…]
Discrimination, limited elevator access to attorney
DISCRIMINATION: Attorney claiming discrimination against himself by limited elevator access to his office not “aggrieved party,” failed to demonstrate that he suffered actual injury [Read more…]