WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]
Discrimination, disadvantaged enterprises program
DISCRIMINATION: Fact issues preclude summary judgment on damage claims by subcontractor against Montana’s disadvantaged business enterprises program even though it does not currently employ gender/race goals… Christensen reversed, affirmed (unpublished). [Read more…]
Inverse condemnation, road construction damages
INVERSE CONDEMNATION: Property damages claim barred by res judicata failure to argue damages in trial of road construction access issues… Salvagni affirmed (IOR I-3(d)). [Read more…]
Offer of judgment, highway inverse condemnation
OFFER OF JUDGMENT proceeds in highway inverse condemnation dispute properly awarded to buyer of property on contract as settlement was between buyer and MDT, not to owner who did not participate in the litigation in any meaningful way and failed to [Read more…]
Injunction, highway, disadvantaged enterprise
INJUNCTION: TRO/preliminary injunction denied in challenge of Disadvantaged Business Enterprise requirement for highway contract… Lovell. [Read more…]
Inverse condemnation, highway widening, access
INVERSE CONDEMNATION: Use of right-of-way to maneuver vehicles out of driveway did not establish compensable property interest that was taken by highway widening, summary judgment should have been granted to [Read more…]
Highway oversize permits, preliminary injunction
HIGHWAY OVERSIZE PERMITS: Preliminary injunction granted under §§ 27-19-201(1) & (3) (applicant appears entitled to relief, [Read more…]
Wage claim, re-classified employee’s overtime
WAGE CLAIM: Re-classified employee’s overtime claim untimely, unauthenticated email not proper evidence of when he became aware of reclassification and no legal effect on when wage claim accrued… Sherlock affirmed. [Read more…]