RANCH SHARING AGREEMENT: Claims of parties who divided 6,000-acre ranch into parcels designated for hunting, agriculture, and recreation under shared-use agreements properly determined. . . mutual mistake claims not time-barred, extrinsic evidence properly considered in interpreting and reforming contract. . . Hayworth affirmed. [Read more…]
Bench judgment, competing ranch plan claims
BENCH JUDGMENT: Claims of parties who divided 6,000-acre ranch into 3 parcels designated for hunting, agriculture, or recreation under shared-use agreements that fell apart determined… intent as to usage rights, contract revision, actual/constructive fraud, statute of limitations, access easements (express, implication, prescription, necessity, existing use), unjust enrichment, constructive trust, slander of title, fees/costs… Hayworth. [Read more…]
Marital, pension division, attorney fees
MARITAL: Pension division properly based on time rule per settlement agreement, although other methods could be utilized absent an agreement… wife entitled to appeal fees as prevailing party, not to fees below because she did not cross-appeal… Moses affirmed (other grounds). [Read more…]
Marital, parenting plan amendment
MARITAL: 2009 parenting plan properly amended in 2013 to switch primary custody to father in Colorado… Gustafson affirmed (IOR I-3(d)). [Read more…]
Grandparent contact, mother’s wishes
GRANDPARENT CONTACT: Presumption in favor of mother’s wishes against extended stays in Washington insufficiently rebutted, contact plan otherwise approved… Gustafson affirmed, reversed. [Read more…]
Trial administration, time allotment, quitclaim
TRIAL ADMINISTRATION: Bench trial properly managed over claim by Defendant of inadequate time to present evidence for rejected claim for monies paid toward voided quitclaim… Spaulding affirmed. [Read more…]
Defense verdict, townhouse stairs fall, ACL
VERDICT: Defense, townhouse stairs fall, ACL.
A Billings jury found 12-0 that Terry & Susan Havener (Rose Condos) [Read more…]
Courts/marital, parenting plan by successor judge
COURTS/MARITAL: Supervisory control of Irigoin’s entry of parenting plan findings & conclusions despite trial being [Read more…]
Marital, decision to move, parenting plan
MARITAL: Wife on remand again wrongly penalized in amended parenting plan for decision to move… Simonton reversed. [Read more…]
Marital, right to travel within Montana
MARITAL: Federal right to interstate travel includes right to travel within Montana, custody improperly changed based on wife’s relocation… Simonton reversed. [Read more…]