MASSAGE REGULATION: City ordinance properly upheld except as to solo practitioners working at home… $1 nominal damages properly awarded to solo practitioner… DeSoto affirmed (memorandum). [Read more…]
Quiet Title Act, FS easement
Quiet Title Act: Challenge of public use of road across private land per FS easement barred by law of case and statute of limitations… Christensen affirmed. [Read more…]
Waste disposal, constitutional challenge
WASTE DISPOSAL: As-applied challenge to licensing regulations properly denied for lack of standing… facial challenge improperly denied… Eddy affirmed, reversed. [Read more…]
Quiet Title Act, public use of road across private land
Quiet Title Act: Challenge of public use of road across private land per FS easement improperly dismissed based on statute of limitations… §2409a(g) is a nonjurisdictional claims-processing rule… Christensen, 9th Circuit reversed. [Read more…]
Quite Title Act statute of limitations, FS easement
Quiet Title Act: Challenge of public use of road across private land per FS easement properly dismissed based on statute of limitations… Christensen affirmed. [Read more…]
CJA reimbursement, deceased Defendant
CJA REIMBURSEMENT order is a final order not dependent on deceased’s conviction, is beyond application of the abatement ab initio rule… first impression… Molloy affirmed. [Read more…]
Prosecution abatement, deceased pollution Defendant
PROSECUTION ABATEMENT: $1,550 in assessments/restitution paid into Court by pollutant discharge Defendant payable to reimburse CJA for appointed counsel despite abatement of case following death, not refundable to Estate… 1st impression… Molloy. [Read more…]
Tax Injunction Act, religious education donations
TAX INJUNCTION ACT deprives Federal Courts of jurisdiction over challenge to Montana regulation that denies tax credit for donations applied to religious education . . . Haddon affirmed (memorandum). [Read more…]