QUIET TITLE: Fact issues preclude summary judgment on validity of suicide note and signature on Deed purporting to leave property to daughter… Coffman reversed. [Read more…]
Easement, lakeshore access summer v. year-round
EASEMENT: Lakeshore easement not limited to summer, does not preclude regular residential use… Coffman affirmed. [Read more…]
Costs, subdivision variance summary judgment
COSTS: Bill of costs in subdivision variance summary judgment properly found timely, did not include unallowable costs… Allison affirmed (memorandum). [Read more…]
Highway right-of-way, mailboxes placement
HIGHWAY RIGHT-OF-WAY: Challenge to placement of mailboxes in MDT right-of-way properly rejected for lack of standing/justiciability and no ministerial duty to support mandamus… Christopher affirmed. [Read more…]
Medical marijuana zoning, preliminary injunction
MEDICAL MARIJUANA: Preliminary injunction properly granted allowing continued operation pending litigation on compliance with zoning regulations… Eddy affirmed (memorandum). [Read more…]
Mining permit, neighbors’ objection to stone quarry
MINING PERMIT: Neighbors’ objection to stone quarry permit properly rejected… Wilson affirmed. [Read more…]
Water system negligence, uninhabitable house
WATER SYSTEM NEGLIGENCE: Summary judgment rulings in case involving failure of water supply system resulting in residence becoming unhabitable… statute of repose applicable to designer/builder of system, not to “materialman” supplier of pipe fittings… Allison. [Read more…]
Negligence, home inspector standard-of-care expert
NEGLIGENCE: 3rd-party claim against home inspector dismissed for failure to retain standard-of-care expert… Eddy. [Read more…]
Real estate, seller’s disclosure, agent’s knowledge
REAL ESTATE: Knowledge of seller’s disclosure of oil pit imputed to agent for statutes of limitations, claims time-barred… attempt to avoid performance of partnership purchase agreement properly rejected… Townsend affirmed. [Read more…]
Foreclosure, right to possession during redemption period
FORECLOSURE: Claim of statutory right to possession during redemption period barred by collateral estoppel of prior action in which purchaser at sheriff’s sale was granted possession 10 days after purchase… Eddy affirmed (IOR I-3(c)). [Read more…]