SUBDIVISION COVENANTS: Motocross course incorrectly found to not violate “residential use” covenant, hitting golf balls onto neighbor’s property correctly found violative and trespass, ramp-building correctly found not violative of commercial activity prohibition… Plaintiffs entitled to attorney fees as prevailing party… Krueger affirmed, reversed. [Read more…]
Cabin dispute, conversion, constructive fraud
CABIN DISPUTE: Conversion-based claim for possession of cabin on FS land not barred by 2-year statute but constructive fraud counterclaim properly rejected on summary judgment… Dayton reversed, affirmed. [Read more…]
Wages, water utility employees, “on-call” lunches
WAGES: Water utility employees properly found not to have exhausted CBA grievance procedures as to claim that they were wrongly required to take 30-minute unpaid lunch break, properly found not “on call” during breaks… Vanisko/Whelan affirmed (memorandum). [Read more…]
Vexatious litigant, wrongful lien Defendant
VEXATIOUS LITIGANT: Wrongful lien judgment affirmed… Defendant declared vexatious litigant, 1984 order prohibiting filings without leave reinstated… Krueger affirmed (IOR I-3(c)). [Read more…]
Medical malpractice, tonsillectomy defense verdict
MEDICAL MALPRACTICE: Tonsillectomy complications defense verdict affirmed over challenges to denial of summary judgment on liability, directed verdict on informed consent, denial of insurance disclosure… Newman affirmed (IOR I-3(c)). [Read more…]
Insurance, policy limits to 2 of 4 MVA victims
INSURANCE: UTPA claim by 2 minors 3 years after MVA after payment of policy limits to 2 other victims dismissed without prejudice as there was no underlying settlement or adjudication and insurer did not misrepresent statute of limitations by requiring a claim “within 30 days” after repeated requests for medical bills and records were ignored and Plaintiffs could have obtained judgment against deceased tortfeasor’s estate even though family did not open an estate… Berg. [Read more…]
Tax deed, statutory violations, redemption amount
TAX DEED properly voided for statutory violations by County… $37,497.48 court-ordered deposit properly awarded as redemption amount, over $79,421.39 claimed by purchaser… redemption equation clarified… Larson affirmed. [Read more…]
Tax deed, notice, title guarantee, 2009 amendment
TAX DEED void for failure to provide adequate notice to all parties listed on a property title guarantee pursuant to 2009 amendment… constitutional challenge to amendment not preserved for appeal… redemption amount properly determined, no legal entitlement to insurance or attorney fees… Dayton affirmed. [Read more…]
Negligence, jaywalker/auto, county bus depot
NEGLIGENCE: No duty by County owner of bus depot to warn passenger of dangers of jaywalking across state-maintained road… Newman affirmed (IOR I-3(d)). [Read more…]
Inverse condemnation, road construction damages
INVERSE CONDEMNATION: Property damages claim barred by res judicata failure to argue damages in trial of road construction access issues… Salvagni affirmed (IOR I-3(d)). [Read more…]