SUPERVISORY CONTROL of Gilbert denied as to ruling that realtors were not dual agents… Order. [Read more…]
Insurance bad faith, 3rd-party common law claims
INSURANCE BAD FAITH: 3rd-party common law claims stemming from delayed payment of settlement of DUI bicycle death not barred under MCA 33-18-242(4) (2023)… Court adopts majority federal rule allowing pleading of punitives in initial complaint even though contrary to MCA… Morris. [Read more…]
Zoning, revision allowing “Greek” housing
ZONING: Challenge of revised zoning ordinance for allowing “Greek” housing was untimely under 30-day statute over claim of insufficient notice rendering it void ab initio… Breuner reversed. [Read more…]
Water/sewer district, board members’ oath of office
WATER/SEWER DISTRICT: Board members not required to file oath of office, are immune even when oppression, fraud, or malice alleged… Gilbert affirmed. [Read more…]
Restrictive covenants, barriers to building
RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Mootness, condo homeowner association split
MOOTNESS: Condo homeowners’ suit challenging split of the Association properly dismissed as moot after developer revoked split amendment, voluntary cessation exception to mootness properly not applied… neither party prevailing for attorney fees… Rienne McElyea affirmed. [Read more…]
$4,985,000 interpleader, MVA death/injuries
SETTLEMENT: $4,985,000 interpleader disbursements to 1 death and 2 injury claimants from insurer of train crew transportation entity, snowplow pass head-on MVA. [Read more…]
Wind farm suit dismissed without prejudice
WIND FARM: Suit to halt proposed 79.9 MW project dismissed without prejudice following preliminary injunction and developers unable to obtain financing as a result dropped out… landowners’ counterclaims dismissed as untimely compulsive… Oldenburg. [Read more…]
Relation-back, insurance bad faith
RELATION-BACK to bring insurance bad faith claims within statutes of limitations denied where Plaintiff knew of added Defendant’s identity but was unaware of claims handling… judicial notice taken of State Court proceedings resulting in $268,435.94 MVA verdict to supplement Complaint information… Christensen. [Read more…]
Subdivision, $650,000, application denial
SUBDIVISION: Denial of application reversed, remanded for approval with conditions, $650,000 for delay resulting from denial without substantial supporting evidence… JML at conclusion of advisory jury trial… Huss. [Read more…]