SKI NEGLIGENCE: Summary judgment properly granted that operator had no duty to install and/or maintain fencing to catch skier from going over embankment and onto rock… Eddy affirmed. [Read more…]
Subdivision, Tribal access preemption, County liability
SUBDIVISION: Claims against County of negligent misrepresentation, NIED, and respondeat superior based on assurances of access rights to RV resort that Federal Court later found preempted by Tribe improperly dismissed under Rule 12(b)(6) as time-barred, better suited for summary judgment or trial… Larson reversed. [Read more…]
Easement, subject jurisdiction, necessary parties
EASEMENT: Motion to dismiss claims by Defendants for lack of subject jurisdiction for failure to name all necessary parties to easement dispute properly rejected, necessary party issue may be taken up on remand from interlocutory appeal… Allison affirmed (memorandum). [Read more…]