PETROLEUM TANK RELEASE: County entitled to mandate requiring review of applications for reimbursement for costs of remediating damage caused by contaminants released from its tanks… Menahan reversed. [Read more…]
US not required party to access across private land
REQUIRED PARTY: US not a required party to determine access to property across private parcels and then across BLM land as BLM access is provided under lease to 2037… Menahan reversed. [Read more…]
Municipal water, permit/change, service agreements
MUNICIPAL WATER: DNRC correctly determined that Shelby satisfied permit & change criteria via service agreements with each community in its service area except for one community… Stephen Brown affirmed, reversed. [Read more…]
Attorney fees between government entities
ATTORNEY FEES: Legal basis for award of fees between government entities… equities and tangible parameters support award of fees to small town against regional water authority… Ruiz affirmed. [Read more…]
Insurance, failure to pay landscaping subcontractor
INSURANCE: Insurer had no duty to defend/indemnify contractor for claims by homeowners alleging negligence in failing to pay landscaping subcontractor… claims cannot be construed as construction defect property damage… Menahan affirmed. [Read more…]
Petroleum release fund, fees, costs, unjust enrichment
PETROLEUM TANK RELEASE COMP FUND: County’s request for attorney fees, costs, interest, unjust enrichment damages statutorily prohibited despite being “prevailing party”… Menahan affirmed. [Read more…]
Mootness, garbage disposal application withdrawal
MOOTNESS: Garbage disposal application action properly dismissed as moot after applicant withdrew despite protestors’ desire for it to continue so they can challenge PSC’s actions in calling & questioning witnesses… McLean affirmed. [Read more…]
Insurance, townhouse developer, contractor’s policy
INSURANCE: Townhouse developer was not additional insured under contractor’s CGL policy… failure to pay landscaper relates to breach of contract, not “bodily injury,” “property damage,” or “personal & advertising injury” which might be imputed to developer… no duty to defend/indemnity developer for claims arising out of his failure to pay subcontractors… Menahan. [Read more…]
Appellate mediation, Board with full authority to settle
APPELLATE MEDIATION: How Tank Release Board chooses to comply with Rule 7 vis-à-vis its concerns that sending a quorum with full settlement authority would implicate public meeting requirements is up to the Board, motion for clarification or waiver of self-executing Rule denied… order. [Read more…]
Petroleum tank release, statute of limitations
PETROLEUM TANK RELEASE: County not barred by general 5-year statute for submitting eligibility applications… case improperly remanded to Board to reconsider arguments it had rejected… Menahan affirmed, reversed. [Read more…]