HOA BYLAWS: Preliminary injunction against commercial activities on subdivision lots properly granted… Laird affirmed (memorandum). [Read more…]
Probate, tangential civil jurisdiction
PROBATE: Invitation to “buck” precedent and allow courts sitting in probate to exercise jurisdiction over tangential matters declined… fiduciary duty, negligence, fraud, bad faith claims related to PR’s alleged sale of house under market value properly dismissed… but Foy fees improperly awarded as arguments that jurisdictional precedent should be overruled not “wholly frivolous or malicious”… Seeley affirmed, reversed (memorandum). [Read more…]
Buy-sell breach, earnest money forfeited
BUY-SELL: Buyer breached buy-sell, forfeited earnest money, not entitled to specific performance by equitable estoppel… Olson affirmed (memorandum). [Read more…]
Will contest, farm left to 1 of 3 daughters
WILL CONTEST: Challenge to Will leaving farm to 1 of 3 daughters properly dismissed as time-barred… daughter successfully defending probate improperly denied fees/costs… Olson affirmed, reversed. [Read more…]