RESTRICTIVE COVENANTS: Conversion of garage into accessory dwelling not violative of covenant against short-term rental of single-family residence but renting it as Airbnb violative of commercial business restriction… Wald reversed. [Read more…]
Intervention, $11 million loan judgment
INTERVENTION in quiet title action properly denied creditor who docketed judgment after Plaintiff’s $11 million judgment was docketed… Souza affirmed (IOR I-3(c)). [Read more…]
Dinosaur fossils, resolution following certified answer
DINOSAUR FOSSILS: Summary judgment that surface estate owners are sole owners of fossils affirmed in light of Montana Supreme Court’s certified question answer… Watters affirmed. [Read more…]
Dinosaur fossils, mineral reservation “minerals”
DINOSAUR FOSSILS do not constitute “minerals” for purpose of mineral reservation under Montana law… answer to 9th Circuit certified question. [Read more…]
Legal malpractice, failure to disclose expert
LEGAL MALPRACTICE claims properly dismissed for untimely failure to disclose expert… R. McElyea affirmed (IOR I-3(c)). [Read more…]
Contract, Judge’s finding v. parties’ assertions
CONTRACT: Judge incorrectly found that no contract existed contrary to assertions of both parties… Harris reversed (IOR I-3(c)). [Read more…]
Settlement enforcement, abandoned RR right of way
SETTLEMENT ENFORCEMENT: No enforceable agreement as to disposition of abandoned RR right of way, not necessary to further interpret agreement… parties had standing to bring quiet title actions… Jones reversed. [Read more…]
Dinosaur fossils, “minerals” certified question
DINOSAUR FOSSILS: Certified question from 9th Circuit as to whether fossils constitute “minerals” for purpose of mineral reservation under Montana law accepted… order. [Read more…]
Dinosaur fossils as “minerals,” certified question
DINOSAUR FOSSILS: Whether fossils constitute “minerals” for purpose of mineral reservation under Montana law certified to Montana Supreme Court… order. [Read more…]
Minerals, “rare and exceptional” dinosaur fossils
MINERALS: “Rare and exceptional” dinosaur fossils are “minerals” pursuant to Montana law and terms of Deed and belong to owners of the mineral estate. . . Watters reversed. [Read more…]