EASEMENT: Scope of recreation/residential use inadequately defined on remand… Boucher reversed. [Read more…]
Public prescriptive easement, burned bridge
PUBLIC PRESCRIPTIVE EASEMENT not limited to bridge destroyed by wildfire, includes replacement bridge in place at time of prior MSC decision which became law of case… Swandal reversed. [Read more…]
Prescriptive easement, ranch road
PRESCRIPTIVE EASEMENT: Summary judgment properly granted on easement between ranch properties, included residential and recreational uses secondary to trailing cattle but remanded for limitation to historical uses and for requirement to use best [Read more…]
Medical marijuana, MMA injunction
MEDICAL MARIJUANA: MMA does not implicate fundamental right to employment (to sell medical marijuana), right to seek one’s own health, right to privacy (access of medical marijuana), injunction against parts of MMA reversed, remanded for rational basis analysis rather than strict [Read more…]
$2.3 million verdict, defaulted museum donation
VERDICT: $2.3 million, failure of upscale housing developer to pay endowment for using Museum of Rockies and dinosaur expert in marketing materials. [Read more…]
Judge substitution, added adverse Defendant
JUDGE SUBSTITUTION: Sellers’ attorney in failed property sale who was added to buyer’s complaint against sellers should be [Read more…]
Securities, phantom auto contracts
SECURITIES: Claim as to phantom auto contracts not timely under 2-year statute which does not allow for discovery, properly dismissed following $70,000 verdict based on jury finding as to date when agent was “offerer”… jury correctly [Read more…]