EASEMENT: Rehearing of cattle trailing opinion denied… order. [Read more…]
Easement, prescriptive for trailing cattle
EASEMENT: Defendants properly found to have prescriptive easement appurtenant to their Ranches over one road to trail cattle over Plaintiffs’ property (but limited to historical 200 cow-calf pairs, not 300), improperly found to have an easement over another road… Kutzman affirmed, reversed. [Read more…]
Preliminary injunction, oil/gas well site fencing
PRELIMINARY INJUNCTION requiring oil/gas operator to maintain fencing around well sites pending trial of suit by Landowners not supported by sufficient findings & conclusions… Ruiz reversed (memorandum). [Read more…]
Gas pipeline contract, closed interconnection
GAS PIPELINE CONTRACT: Defendants did not breach or repudiate sharing agreement by declining to reopen interconnection valve pending resolution of safety issues . . . “eye-popping” $459,700 attorney fees (less improper fees-for-fees) properly awarded Defendants pursuant to contract including at $600/hr for 2nd-chair out-of-state counsel. . . costs improperly awarded in excess of §25-10-201 allowables. . . Cybulski affirmed, reversed. [Read more…]
Insurance/marital/probate, term life beneficiaries
INSURANCE/MARITAL/PROBATE: Term life beneficiaries improperly changed from wife & business to sister while economic TRO in effect even though changes could have been made between divorce and death, must be set aside under equitable power to order return to status quo when TRO violator has died… sister, although surprised to be named beneficiary of 2 policies (one not disclosed in divorce), unjustly enriched by $2,306,103.13 proceeds which she invested in real estate, constructive trust imposed in favor of decedent’s son & daughter per MSA and parenting agreement, to be resolved in equity on remand… Neill reversed. [Read more…]
Will, standing to contest will, remove PR
WILL: Daughter of testator’s predeceased sibling who would take in intestacy has standing to contest will which did not name the sibling, but not to petition for removal of PR for cause because she has no property interest in the $5 million ranch estate (“person interested in the estate” synonymous with “interested person”)… Ulbricht reversed, affirmed (other grounds). [Read more…]
Easement, scope of recreation/residential
EASEMENT: Scope of recreation/residential use inadequately defined on remand… Boucher reversed. [Read more…]
Prescriptive easement, ranch road
PRESCRIPTIVE EASEMENT: Summary judgment properly granted on easement between ranch properties, included residential and recreational uses secondary to trailing cattle but remanded for limitation to historical uses and for requirement to use best [Read more…]
UI, misconduct
UI: BLA’s findings that dislike of new boss and sharing misinformation within workplace did not amount to misconduct affirmed, denial of UI by HO properly reversed… BLA/McKinnon affirmed. [Read more…]
Probate, service by publication, surfaced heirs
PROBATE: Service by publication proper in Missoula proceeding to determine “then-living” heirs entitled to estate remainder, no need to re-serve after venue changed to [Read more…]