REHEARING denied in subdivision access case as to abandonment of part of county road… Order. [Read more…]
Subdivision roads, access to neighboring subdivision
SUBDIVISION ROADS: Public access easements properly held not to include primary access to neighboring subdivision… Eddy affirmed. [Read more…]
Easement, commercial “glamping”
EASEMENT across neighboring property for commercial “glamping” exceeded permissible use & scope… Foy fees improperly awarded for prevailing on counterclaims… Eddy affirmed, reversed. [Read more…]
Easement, river bridge access
EASEMENT: Subdivision owners properly found to have access rights across river bridge built by Defendant, not required to share in construction costs pursuant to terms of 1994 Easement Agreement… Larson affirmed. [Read more…]
Homestead exemption, 3rd-party judgment lien
HOMESTEAD EXEMPTION: Judgment lien to recover debt from alleged con artist who was put on deed allegedly by fraud improperly satisfied before owner received full value of the exemption from proceeds of sale of the property… Wilson reversed. [Read more…]
Lakeshore Protection Act, bridge from high-water island
LAKESHORE PROTECTION ACT: Permit for bridge from high-water island to lakeshore improperly granted, bridge properly ordered removed and lakeshore restored… community association had standing to challenge permit but not entitled to fees under private AG or bad faith doctrines… Allison affirmed. [Read more…]
Appellate briefs, Appellee/Cross-Appellant overlength
APPELLATE BRIEFS: Request to file 2 “full length” briefs for Appellee/Cross-Appellant rather than combined limit of 10,000 words denied. . . order. [Read more…]
Jurisdiction, unauthorized practice of law
JURISDICTION: Challenge of Montana Supreme Court ruling on unauthorized practice of law barred by Rooker-Feldman… Molloy affirmed (unpublished). [Read more…]