COPP: Motl’s term expired 1/1/17 per appointment and confirmation, not 6/10/19 (6 years after appointment), but Motl remains until successor is appointed and qualified… supervisory control order. [Read more…]
Zoning v. building code, roof restrictions
ZONING: Roof restrictions impermissible building code under guise of zoning ordinance… homeowners entitled to fees for successful declaratory action… Seeley affirmed, reversed. [Read more…]
Speedy trial, crowded municipal court docket
SPEEDY TRIAL: No good cause shown in not bringing misdemeanors to trial within 6 months over Judge’s finding that crowded docket was not good cause… remanded for dismissal of DUI… Wood affirmed, McCarter reversed. [Read more…]
Municipal water right, abandonment
ABANDONMENT: Master erred in concluding that Helena abandoned part of its rights, Helena provided evidence of non-abandonment pursuant to 1999 amendments giving special treatment to [Read more…]
Animal at large, leash v. “at heel”
ANIMAL AT LARGE: Lack of facts as to what dog and owner were doing precludes resolution of argument that “at heel” satisfies leash ordinance… ordinance not unconstitutionally vague… justiciability explicated… convictions affirmed… Wood/Seeley affirmed (IOR I-3(d)). [Read more…]
Arbitration/teacher contract
ARBITRATION/TEACHER CONTRACT: Significant questions as to status of contract, application of CBA, to teacher who failed to [Read more…]
Schools, territory transfer
SCHOOLS: Territory transfer properly denied… McKinnon affirmed. [Read more…]