REHEARING denied in subdivision access case as to abandonment of part of county road… Order. [Read more…]
Subdivision roads, access to neighboring subdivision
SUBDIVISION ROADS: Public access easements properly held not to include primary access to neighboring subdivision… Eddy affirmed. [Read more…]
Easement, river bridge access
EASEMENT: Subdivision owners properly found to have access rights across river bridge built by Defendant, not required to share in construction costs pursuant to terms of 1994 Easement Agreement… Larson affirmed. [Read more…]
Estate theft, undue influence, fraud, conversion
ESTATE THEFT summary judgment rulings affirmed, reversed… Gilbert affirmed, reversed (memorandum). [Read more…]
HOA water, HOA’s v. homeowners’ fault, IIED/NIED
HOA WATER: Failure to disclose experts fatal to claim that HOA was responsible for water failure on newly purchased property or whether the system on the property itself caused the failure, as well as to IIED/NIED claims… Marks. [Read more…]
Easement, transaction documents reformed to intent
EASEMENT: Transaction documents properly reformed to align with intent to reserve easement over existing road… Eddy affirmed (memorandum). [Read more…]
Initiatives, sewer project repeal
INITIATIVES: Petitions to mandate placement on ballot of initiatives to repeal sewer project denied, one for lack of clear legal duty by Election Administrator in administrative action or abuse of discretion by local attorney’s advisement, one by laches… Deschamps. [Read more…]
Discovery sanctions, sewer system challenge abuse
DISCOVERY: Suit to halt sewer system dismissed (without prejudice) as sanction for prejudicial dilatory discovery abuse… any re-filing will be subject to a surety bond… Halligan. [Read more…]
Sewer district challenge by property owners
SEWER DISTRICT: All claims except declaratory action by property owners challenging formation of district dismissed for failure to state claim… parties schooled on how to frame allegations and defenses… Halligan. [Read more…]
Easement, prescriptive v. express, prelim injunction
EASEMENT: Preliminary injunction properly granted on prescriptive easement theory (does not preclude express public easement theory), but improperly limited to passenger vehicles… Reynolds affirmed, reversed. [Read more…]