CONSTRUCTION SUBCONTRACT: Summary judgment improperly granted to subcontractor, should be granted to contractor in case encompassing myriad contract law principles… Murnion affirmed, reversed. [Read more…]
Easement, servient/dominant, “subject to”/”together with”
EASEMENT claim by tax deed successor properly rejected over issues involving which tracts were servient and which were dominant, COS specificity, “subject to” and “together with” language in deeds, extrinsic evidence… Wald affirmed. [Read more…]
Citizen zoning, Part 1 SZD protest veto unconstitutional
CITIZEN ZONING: Part 1 Special Zoning District protest provision allowing veto by owners of majority of property unconstitutional, similar to Part 2 in Williams… Moses. [Read more…]
Probate, divorce succession contract jurisdiction
PROBATE: Probate Court lacks jurisdiction to adjudicate rights under a divorce succession contract but Petitioners have civil contract claim against PR… breach of settlement agreement by bequeathing ranch in contravention of separation agreement would be fraud by decedent, not fraud upon the Court… Spaulding affirmed. [Read more…]
Partnership, departing ranch partner’s interest
PARTNERSHIP: Departing ranch partner’s interest properly valued pursuant to Partnership Agreement at $1,421,863, over experts’ valuations of $463,000 and $1,190,400… Hayworth affirmed (IOR I-3(c)). [Read more…]
$262,922.03 judgment, luxury house construction lien
BENCH JUDGMENT: Defense as to claims of $6,363,597 plus attorney fees & interest against luxury home contractor. . . $262,922.03 to contractor on construction lien. . . Todd. [Read more…]
Oil/gas lease, not extended during primary term
OIL & GAS LEASE: Land was not pooled and lease not extended by drilling during primary term, pooling order properly not applied retroactively. . . Cavan affirmed (memorandum). [Read more…]
Probate, law of case, funds in checking account
PROBATE: 2002 order to place accounts or their values at time of father’s death in 1994 rather than values at time of mother’s death in 2007 into trust constituted law of case… PR properly placed estate funds in checking account ready for distribution rather than higher-interest account for 3 years that objectors drew out the litigation… Huss/Hayworth affirmed (IOR I-3(c)). [Read more…]
Trust, breach of ranch trust agreement
TRUST: Breach of ranch trust agreement/fiduciary duty claims precluded by ratification, failure to establish prima facie fraud… Moses affirmed (IOR I-3(c)). [Read more…]
Foreclosure, MERS interests
FORECLOSURE: Attempt to invalidate interests of MERS et al in defaulted property properly rejected… Ortley affirmed (IOR I-3(d)). [Read more…]