VERDICT: $155,685.07, wrongful discharge of Town Public Works Director, slander by Town Councilman. [Read more…]
Attorney discipline, besmirching Federal Judge
ATTORNEY DISCIPLINE: Brian Miller to receive public admonition from COP for motion to recuse Judge Lovell in insurance bad faith case by asserting that he altered testimony and created affirmative defenses for the insurers with reckless disregard as to the truth or falsity concerning his qualifications or integrity… COP’s recommendation to impose costs of disciplinary proceeding rejected based on manner in which ODC pursued the case… order. [Read more…]
County road, abandonment denial, writ of review
COUNTY ROAD: Writ of review challenging rejection of petition to abandon part of road blocked by gate properly denied… Langton affirmed. [Read more…]
Dismissal with prejudice, subsequent amendment
DISMISSAL WITH PREJUDICE of health/campground charges following oral settlement precluded vacating or amending dismissal, no authority to order contract damages/attorney fees in criminal case… claim that dismissal should have been based on vindictive prosecution nonjusticiable… Langton reversed (IOR I-3(c)). [Read more…]
County road, claim preclusion, writ of review
COUNTY ROAD: Landowners failed to satisfy claim preclusion vis-à-vis 1984 denial of County’s request for order directing removal of gate by previous landowners. . . request for declaratory judgment as to where County road ends and private road begins properly rejected for failure to petition for writ of review upon Commissioners’ denial of petition. . . Langton affirmed (other grounds). [Read more…]
Sanctions, $116,459, Rule 11, floodplain violations
FLOODPLAIN/SANCTIONS: $116,459 Rule 11 sanctions awarded County for unnecessary expenses for investigating/enforcing homebuilders’ unpermitted fill in floodplain in face of repeated denials, defending against suit [Read more…]