ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Probate, homestead on ranch property
PROBATE: Homestead on ranch correctly valued and distributed in light of will and contract for deed… Abbott affirmed (memorandum). [Read more…]
Appeal procedure, appeal 75 days from probate order,
APPEAL PROCEDURE: Dismissal of appeal filed 75 days after probate order denied where status of motion for fees & costs is uncertain (Opinion & Order). [Read more…]
Well contamination, 3rd-party driller settled/dismissed
WELL CONTAMINATION: Driller of well at bar & grill found to be contaminated with fuel from store/gas station across the street dismissed from store’s 3rd-party claims after settling with bar & grill although not joint tortfeasor but under Deere/Durden rationale… main case settled eve of trial… Berger. [Read more…]
Personal jurisdiction, Volkswagen pollution “tampering”
PERSONAL JURISDICTION: Supervisory control over Reynolds denied as to jurisdiction over Volkswagen parent companies in air pollution tampering case… order. [Read more…]
Appellate procedure, PERS unfunded actuarial liability
APPELLATE PROCEDURE: Declaratory judgment regarding impact on PERS unfunded actuarial liability by county’s decision to privatize health center denied… order. [Read more…]