SETTLEMENT AGREEMENT for disbursement of ranch trust properly enforced over claim of incapacity by COVID, undue influence by threat of litigation, individual ownership of sections under long-expired contract for deed… Wald affirmed. [Read more…]
Unjust enrichment, “extra” excavation work
UNJUST ENRICHMENT properly rejected in bench trial of claim of “extra work” required by subcontractor excavator to complete mine buttressing as “benefit” of work was conferred on Mine not excavator… $54,187.50 fees properly awarded Defendant pursuant to oral contract between contractor and subcontractor… Wald affirmed (memorandum). [Read more…]
Gift inter vivos, mother’s farm shares to son
GIFT INTER VIVOS of mother’s farm shares to son properly upheld over challenges by other son… Olson affirmed. [Read more…]
Tax sale, condos vacant lot, invalid assessment
TAX SALE void because assessment on vacant lot purchased with condos was invalid as tax notice was sent to prior owner and condos owner not aware of delinquent taxes… Salvagni reversed. [Read more…]
Limitation on liability, construction contract
LIMITATION OF LIABILITY to $50,000 in construction contract where design fees were initially $122,967 and ended up $665,000 not violative of §28-2-702 or public policy… Moses affirmed. [Read more…]
Tax lien, redemption period, tax deed
TAX LIEN: Owner properly allowed to redeem after 60-day redemption period but before Treasurer issued a tax deed, entitled to the additional time provided in notice… Halligan affirmed (IOR I-3(c)). [Read more…]
Discovery, fees against Defendants & counsel
DISCOVERY: $21,967.50 fees awarded to Plaintiff jointly & severally against Defendants and counsel for inadequate [Read more…]