INDIANS: County lacks jurisdiction to grant proposed RV park access over street in the former Big Arm townsite on Flathead Reservation… Christensen. [Read more…]
Defense verdict, $100,000 settlement, plant nuisance
VERDICT: Defense, industrial plant nuisance claims… $250,000/$100,000 high-low settlement. [Read more…]
Disability discrimination, “service dog”
DISABILITY DISCRIMINATION: Training of Boxer to assist person with mental conditions not established as “service dog” as opposed to “typical obedient dog,” claim of discrimination for limited library access dismissed. . . Jeff Rhoa/HRC. [Read more…]
Order of protection, appeal of refusal to terminate
ORDER OF PROTECTION: Justice Court refusal to terminate timely appealed to District Court 2 years after issuance of order (refusal to terminate appealed, not the order itself). . . Olson reversed. [Read more…]
Insurance, $5 million umbrella rescission
INSURANCE: $5 million umbrella liability policy rescinded for failure to list Virgin Island home on renewal forms for 2 Montana residences, defeating claim for coverage of swimming pool accident… Christensen. [Read more…]
Marital, sanctions, PI settlement division
MARITAL: Sanction striking maintenance too harsh, other sanctions affirmed… PI settlement divided only as to increased value… estate equitably divided despite failure to consider homemaker contributions… Larson affirmed, reversed (IOR I-3(d)). [Read more…]
Default, ignored service, $3,970,899.56 verdict
DEFAULT: Motion to vacate entry of default properly denied based on in-house attorney who was stipulated to receive service repeatedly ignoring service over claim of mistaken belief that outside counsel was handling… $3,970,899.56 verdict for driver injured by falling logs affirmed… Larson affirmed. [Read more…]
Insurance, $12 million confessed judgment
INSURANCE: Insurer entitled to contest reasonableness of $12 million confessed judgment in house construction dispute… final judgment reversed… Ortley reversed. [Read more…]
$812,000 settlement, subdivision access
SETTLEMENT: $812,000 ($675,000 cash plus assumption of improvements to access road valued at approximately $137,000), unlawful subdivision variance denial. [Read more…]
Subdivision, standing, substantial compliance
SUBDIVISION: Individuals and association have standing to challenge proposed subdivision… approval properly overturned [Read more…]