ETHICS CODE: Regent is a public employee under Code but no CPP jurisdiction over Regents, Regent’s questions concerning 6-Mill Levy at Board meeting not violative of Code… Todd reversed, affirmed. [Read more…]
ERISA, terminated employee policy conversion
ERISA: Terminated employee was notified of rights to convert group policy to individual policy and failed to timely do so… summary judgment in favor of employer and insurer on claim of failure to provide a Plan benefit… Christensen. [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…]
Taxes, multi-national corporation, “water’s-edge” election
TAXES: Multinational corporation filing state income taxes under “water’s-edge” election entitled to 100% income exclusion for dividends under IRC 243, not just 80%… DOR/Reynolds reversed. [Read more…]
Storm sewer discharge, general municipal permit
STORM SEWER DISCHARGE: General municipal permit properly issued… R. McElyea affirmed. [Read more…]
Garbage collection, competition, convenience/necessity
GARBAGE COLLECTION: PSC properly considered competition in determining public convenience & necessity, in contrast to prior practice of not considering competition until after finding public need… substantial evidence supported granting certificate… Krueger affirmed. [Read more…]
Initiative, I-185 tobacco tax ballot statement
INITIATIVE: I-185 tobacco tax ballot statement legally sufficient. . . opinion & order. [Read more…]
Initiative, I-186 rulemaking delegation
INITIATIVE: Whether I-186 delegates rulemaking and therefore violates effective date requirement is outside AG’s legal-sufficiency review and Court’s pre-election review. [Read more…]
Auto dealership, denial of same line-make franchise
AUTO DEALERSHIP: Proposed same line-make franchise within mile of existing franchise properly denied for lack of good cause. . . Orr/Gustafson affirmed. [Read more…]
Constitutional initiative, CI-116, separate votes
CONSTITUTIONAL INITIATIVE: CI-116 (Marsy’s Law) violative of Constitution’s separate vote requirement, void in entirety… original proceeding. [Read more…]