WATER: Stockwater claims in reservoirs forfeited for failure to file with DNRC. . . BLM wildlife claims valid. . . Ritter affirmed. [Read more…]
Water, CS&K Compact, legislative approval
WATER: CS&K Water Compact codification and administrative provisions do not enact new sovereign immunities, did not require 2/3 vote of each legislative house… Manley affirmed, reversed. [Read more…]
Constitutional tort, defective yard hydrants
CONSTITUTIONAL TORT claim by water/sewer district against engineers of defective yard hydrants dismissed as “adequate alternatie remedies” are available under breach of contract/negligence theories… Jones. [Read more…]
City annexation, “Wholly Surrounding Land”
CITY ANNEXATION: Separate tracts may be combined under “Wholly Surrounding Land” statute… objecting owners in surrounded area… Allison affirmed. [Read more…]
ATM services, misdirected deposits
ATM SERVICES: Unjust enrichment claim against SD bar owner for $35,520 uncollected from $285,520 misdirected deposit during transfer of processing services for Montana ATM properly dismissed as time-barred… claims against processing entity for breach of written/oral contracts, implied covenant, actual/constructive fraud, negligent/intentional misrepresentation, general negligence properly dismissed on summary judgment… $21,500 fees properly awarded… Eddy affirmed. [Read more…]
Insurance, “accidents”/”intentional,” house collapse
INSURANCE: MSC inconsistencies clarified, “accidents” may include intentional acts if damages not objectively intended or expected by the insured… fact issues as to collapse of lake house during remodel preclude summary judgment as to CGL coverage… Ortley reversed. [Read more…]
Construction lien, letter of credit “bond”
CONSTRUCTION LIEN: Writ of execution against 3rd-party lot purchasers quashed over claim by contractor that developer’s letter of credit was statutorily deficient as a bond and lien was improperly released… Curtis. [Read more…]
Defense verdict, County boat ramp, donated land
VERDICT: Defense, alleged misrepresentation as to extent of County boat ramp on developer’s donated land. [Read more…]
§1983, county road approach permit, “class of one”
§1983: No protected interest in county road approach permit despite belief that application had been approved and [Read more…]