WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]
Condemnation, water system, post-summons interest
CONDEMNATION: Post-summons interest properly denied in City’s condemnation of private water system. . . Townsend affirmed. [Read more…]
Environment, Bull Mountains coal lease
ENVIRONMENT: Challenge of BLM’s decision to lease coal in Bull Mountains properly rejected. . . Watters affirmed (unpublished). [Read more…]
Sentencing, migratory birds, misdemeanor v. felony
SENTENCING: Migratory Bird Defendants’Apprendi contentions that they admitted only to misdemeanor conduct in colloquy and thus were improperly sentenced as felons precluded by law of case of prior appellate ruling upholding felony convictions… Molloy affirmed. [Read more…]
Preliminary injunction, pipeline road for riprap
PRELIMINARY INJUNCTION: Pipeline company enjoined from constructing road over disputed route on Plaintiffs’ property to riprap creek… Kutzman. [Read more…]
Migratory birds, sale of eagles, parts
MIGRATORY BIRDS: Conspiracy to kill, transport, sell eagles is felony, trafficking in bird parts is misdemeanor… Molloy affirmed, reversed. [Read more…]
Close corporation, oppression, voting rights
CLOSE CORPORATION: Oppression claim properly withdrawn from jury after parties rested… 3 dissenters who cannot demonstrate adverse & material effect of voting rights amendment not entitled to recovery for value of class B shares, 1 dissenter is entitled to [Read more…]