ARBITRATION: Defendant waived right to compel arbitration after reentering litigation following default set aside without asserting the right… Breuner affirmed. [Read more…]
Supervisory control, rulings would increase complexity
SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
Construction contract, failure to join general contractor
CONSTRUCTION CONTRACT: Electric subcontractor’s complaint dismissed without prejudice under Rule 12(b)(7) for failure to join general contractor in attempt to avoid arbitration… Christensen. [Read more…]
Construction lien, subcontractor substitute bond
CONSTRUCTION LIEN: Subcontractor improperly allowed to file substitute bond to clear lien as required by contracts when Montana law authorizes only a “contracting owner” to do so… R. McElyea reversed. [Read more…]
Subdivision, no “further subdivision of any lot”
SUBDIVISION: Covenant prohibiting “further subdivision of any Lot” ambiguous when not read in isolation, requires extrinsic evidence… statutory damages against County for approval of amended plat improperly denied on summary judgment… covenants properly found to obligate developer to serve each lot with dual water lines for domestic and irrigation, performance not excused by doctrine of impossibility… fees to HOA premature… Reynolds reversed, affirmed. [Read more…]
Ethics code, Regents, CPP jurisdiction
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…]
Procedure, withdrawal of notice of dismissal
PROCEDURE: Supervisory control of Brown denied over withdrawal of notice of dismissal of collection suit intertwined with obstetrical med-mal claims… order. [Read more…]
Property, lake parking/docking easement
PROPERTY: Purported easement on lots to access parking/boat docking too vague to be enforced against assigns… not necessary to consider laches, statute of limitations as to 33 years between Declaration and formation of homeowners association… Honzel affirmed. [Read more…]