FARM/RANCH LEASE: Failure to pay electricity bill not a material breach warranting default… property on ranch belonged to lessee… attorney fees to lessee below and on appeal… Bidegaray affirmed (IOR I-3(d)). [Read more…]
Partnership, farm/construction partners dissolution
PARTNERSHIP: Challenges to latest rulings in protracted farm/construction partnership dissolution case affirmed… Simonton affirmed (IOR I-3(d)). [Read more…]
$6 million verdict, bank fraud, condo loan
VERDICT: $1 million damages, $5 million punitives, bank fraud in converting 360-month residential condo loan application to 18-month commercial loan. [Read more…]
Judge recusal, alleged ex parte, biased statements
JUDGE RECUSAL: Claims of ex parte communications, rulings denying due process, biased statements rejected as attempt to wriggle out of unfavorable decision by smearing judge… Kirscher/Haddon affirmed. [Read more…]
Contract, subdivision-related road improvements
CONTRACT: Waiver of right to protest SIDs for subdivision-related road improvements constituted contract between predecessors, no need to resort to “operation of law,” but provision for alternate financing if no SIDs void for lack of [Read more…]
County road, abandonment, injunction
COUNTY ROAD: Preliminary injunction to block use of allegedly abandoned road denied… Spaulding. [Read more…]
Banking, charge-back right, auto purchase scam
BANKING: Charge-back right cannot be equitably estopped by use of provisional settlement funds or bank’s failure to exercise care in handling check, risk of loss remains with customer, application of jury’s estoppel verdict to charge-back right rejected, customer permitted to pursue claims for [Read more…]