ELECTIONS: LR-119 to provide for election of Supreme Court justices by district properly invalidated… non-retiring Justices not required to recuse… challenge justiciable… 60-page opinion explaining prior decision… Reynolds affirmed. [Read more…]
Elections, LR-119, Supreme Court judges by district
ELECTIONS: Reynolds’s order invalidating LR-119 (election of Supreme Court justices by district) affirmed on expedited appeal, opinion to follow… order. [Read more…]
Settlement agreement, email exchanges
SETTLEMENT AGREEMENT reached in attorney email exchanges, agreement binding & enforceable… fees for [Read more…]
Environment, Missouri River Breaks Monument
ENVIRONMENT: Upper Missouri River Breaks Monument management decisions approved… Haddon. [Read more…]
Disability accommodation, $6,815, elevator access
DISABILITY ACCOMMODATION: Hotel tenants’ association failed to prove that lawyer’s request for elevator access to [Read more…]
$2.6 million fees/costs, intellectual property rights
ATTORNEY FEES: No abuse of discretion in assessing $2.467,547 fees, $137,518 costs/expenses following $2.5 million award for intellectual property rights misappropriation… Todd affirmed (IOR I-3(d)). [Read more…]
Riverbeds, dam rentals, $40,956,180 judgment
RIVERBEDS are public trust lands, not school lands… $40,956,180 judgment against PPL for use of riverbeds at Missouri, Madison, Clark Fork hydro sites 2000-07 affirmed… Honzel affirmed, reversed. [Read more…]
Disability, condo elevator, law office
DISABILITY ACCOMMODATION: 9-month delay in opening elevator to lawyer’s disabled clients did not constitute failure to accommodate by condo owners association… property manager not liable to charging party as agent of association… Gregory Hanchett. [Read more…]
Zoning, mini-stores denial, “reclaimed” application
ZONING: Denial of mini-stores application analyzed for abuse of discretion, not substantive due process, equal protection… Commission did not abuse discretion in reclaiming application from planning office and denying application… Swandal affirmed. [Read more…]
Game farms, I-143 taking, severance/venue, jury
GAME FARMS: Plaintiffs with different I-143 claims properly not severed, venue properly changed from Blaine to L&C… liability properly determined by Judge rather than jury… federal analysis properly applied to regulatory takings claims… categorical/regulatory takings claims [Read more…]