PUBLIC ROAD: 1915 curative statute properly applied to find that County abandoned road in 1916… Ruiz affirmed. [Read more…]
Defense verdict, claimed wrongful jail rape conviction
VERDICT: Defense, former prisoner failed to prove he did not rape fellow inmate despite claimed “exoneration” by Montana Innocence Project, resulting in rejection of claim for certificate of innocence and $733,006 damages and other benefits under wrongful conviction statute. [Read more…]
Building permit negligence/nuisance, public duty
RESIDENTIAL BUILDING APPLICATION: Negligence & nuisances claims against Town rejected for failure to establish special relationship exception to public duty doctrine… rights to know and participate claims time-barred… Olson. [Read more…]
Vexatious litigant/sanctions, cross claim v. counterclaim
VEXATIOUS LITIGANT/SANCTIONS: Intervenor County’s error in denominating request for vexatious litigant declaration a cross claim instead of counterclaim did not invalidate the request as it was sufficiently stated and understood, denial of Plaintiff’s motion to dismiss vexatious litigant declaration affirmed… but Plaintiff improperly subjected to Rule 11 sanctions for challenging the cross claim issue… Cybulski affirmed, reversed (IOR I-3(c)). [Read more…]