EASEMENT: Agreement breached by hunting violation, access of land outside easement… claims to private and public prescriptive easements properly rejected… fees properly awarded pursuant to agreement… unconscionability claim not preserved for appeal but undermined by arguments… Berger affirmed. [Read more…]
Easement, interpretation/clarification of 2014 judgment
EASEMENT: Rules 59-60 correctly found not to apply to 2018 motion for interpretation/clarification of 2014 judgment in ranches’ easement dispute… but 2014 judgment incorrectly found ambiguous on its face or effect… but judgment nonetheless imprecise/uncertain warranting interpretation/clarification… but judgment misinterpreted and thus erroneously altered/amended… remanded for amended judgment in accordance with Supreme Court’s interpretation/clarification… Wilson affirmed, reversed. [Read more…]
Easement agreement rescission, hunting offense
EASEMENT across neighbors’ property properly rescinded for hunting without permission conviction in violation of Easement Agreement’s conditions… no private or public easement… nuisance/negligence/punitives claims for blocking access rejected… Berger. [Read more…]
Attorney fees/costs, aborted town officers recall
ATTORNEY FEES/COSTS properly denied town officers in aborted recall action. . . Bidegaray affirmed. [Read more…]
Recall, Mayor/Aldermen, deficient petitions
RECALL: Permanent injunction against recall of Whitehall Mayor and Aldermen due to deficient/nonconforming petitions and circulation sheets… Bidegaray. [Read more…]
Easement, prescriptive, non-contiguous estates
EASEMENT: Contiguous estates not necessary for prescriptive easement… easement supported by adverse use at least since 1979, conveyed with subsequent users so not necessary to show tacking or privity, accommodation properly rejected… width/scope supported by evidence… Tucker affirmed. [Read more…]
Marital, surgeon’s income, time of valuation
MARITAL: Surgeon’s income determined partly correctly, partly incorrectly, estate properly valued from when parties no longer in same household… Newman affirmed, reversed. [Read more…]