UTILITIES: Challenge to electricity pre-approval statute fails for lack of standing… Marks reversed. [Read more…]
Habitual traffic offender, Idaho default Infraction
HABITUAL TRAFFIC OFFENDER: Idaho default Infraction for failing to respond to Idaho speeding citation properly counted as a conviction by Montana MVD… Perry affirmed (memorandum). [Read more…]
Settlement agreement, riverbeds rent, justiciability
SETTLEMENT AGREEMENT justiciability and interpretation issues related to electric utility’s rent of State riverbeds affirmed, reversed… Menahan affirmed, reversed. [Read more…]
Preliminary injunction, birth certificate sex change
PRELIMINARY INJUNCTION: State’s motion for supervisory control as to Moses’s SB 280 birth certificate sex change preliminary injunction “clarification” order granted in part but order was “clear and required no ‘clarification'”… order. [Read more…]
Vaccination anti-discrimination, HB 702 enjoined
VACCINATION ANTI-DISCRIMINATION: HB 702 permanently enjoined as unconstitutional and preempted by federal law as applied in healthcare settings… Molloy. [Read more…]
Vaccination anti-discrimination, HB 702 enjoined
VACCINATION ANTI-DISCRIMINATION: HB 702 permanently enjoined as unconstitutional and preempted by federal law as applied in healthcare settings… Molloy. [Read more…]
Vaccination discrimination, HB 702 challenge
VACCINATION DISCRIMINATION: Preliminary injunction properly denied HB 702 challenger for failure to establish prima facie case of irreparable harm but “single-subject” issue not mooted by codification of bill… Rieger affirmed, reversed. [Read more…]
Mineral interests, deed reservation
MINERAL INTERESTS of quiet title Defendant properly construed under deed’s reservation language and bolstered by chain of title circumstances… neither estoppel by deed nor estoppel in pais prevented Defendant from asserting title to the minerals because the grantees were not misled by the reservation clause… Murnion affirmed. [Read more…]
Easement, implied by preexisting use, Legion park access
EASEMENT: Legion post properly found to have implied easement by preexisting use to access park dedicated in 1944 “for returning servicemen and the public” against challenge by surrounding ranch… fees improperly awarded without reasonableness hearing… Cybulski affirmed, reversed. [Read more…]
Public defenders, ordered to assign counsel within 3 days
PUBLIC DEFENDERS: Harris wrongly ordered OPD to assign counsel within 3 working days of order and provide continuous representation… contempt order quashed… order. [Read more…]