SERVICE: McMahon’s ruling that strict compliance with service rules is obviated by Defendant’s notice of appearance reversed on supervisory control, remanded to dismiss MVA case for failure of proper service… Order. [Read more…]
Partition, referees’ division of inherited property
PARTITION: Referees’ division of property inherited by siblings properly confirmed without hearing on objections… Dayton affirmed. [Read more…]
Easement, prescriptive, scope
EASEMENT: Evidence established that prescriptive easement was acquired by 1959, current residential use did not exceed original scope… Dayton affirmed (IOR I-3(c)). [Read more…]
Order of protection, Alzheimer’s neighbor, stalking
ORDER OF PROTECTION properly granted against neighbor with Alzheimer’s for stalking behavior… Pinski affirmed (IOR I-3(c)). [Read more…]
Conservation restrictions, easement in gross
CONSERVATION RESTRICTIONS in deed created easement in gross enforceable against successor grantee, rule against perpetuities not violated… Menahan affirmed. [Read more…]
Mootness, BME physician assisted suicide position
MOOTNESS: Challenge of Medical Examiners’ position statement on assisted suicide mooted by rescission of statement… Menahan affirmed. [Read more…]
LLC, casino estate, rehearing petitions
LLC: Petitions for rehearing in casino estate case denied… order. [Read more…]
LLC, estate’s interest in casino, oral modification
LLC: Estate’s interest properly valued at time of trial rather than member’s death per oral agreement to continue until casino realized a profit… statutory 10% improperly applied to $682,442 judgment, should be IRC rate per Agreement, and only to valuation that is not part of members’ capital accounts… $272,975 fees/$9,481 costs improperly awarded under Agreement’s indemnity provision, fees not otherwise [Read more…]