IRRIGATION DITCH: Farmer’s claims of interference by hotel properly resolved by allowing hotel to maintain ditch… hotel properly awarded fees/costs for its more favorable offer rather than to farmer under ditch statute… Moses affirmed. [Read more…]
DUI, obviously intoxicated driver
DUI: Sufficient probable cause to arrest obviously intoxicated driver whom officers first encountered stumbling next to her horse for threat to public safety, field tests not required… Fagg affirmed (IOR I-3(c)). [Read more…]
Marital/procedure, child’s absence from Montana
MARITAL/PROCEDURE: Totality of circumstances adopted for determining if a child’s absence from Montana renders the community integration assumption unreasonable… child who lived in Washington, Canada, Montana, back in Canada “lived in” Montana less than the 6 months required for jurisdiction over parenting/custody… issue properly “heard” via affidavits/pleadings without need for oral “hearing”… Moses affirmed. [Read more…]
DUI, driving slow, crossing centerline of curve
DUI: Driving slow, crossing centerline of curve, sufficient particularized suspicion for stop, after-the-fact explanation irrelevant… Todd affirmed (IOR I-3(d)). [Read more…]
UTP-CPA, realtor, attorney fees, verdict
UTP-CPA house defect claims against broker not frivolous, fees properly denied following defense verdict for broker ($80,000 [Read more…]
Grandparent contact, modification/termination
GRANDPARENT CONTACT: Stipulation not “contract” that mother “breached” by moving to terminate, Judge must make fitness determination, allow evidence that [Read more…]