LAKESHORE DOCK does not interfere with navigation or lawful recreation because Plaintiff does not have right to access cove in 18-foot ski boat when smaller crafts remain unimpeded… Lakeshore Protection act, prescriptive easement, nuisance claims properly rejected… Larson affirmed. [Read more…]
Bench judgment, interference with easement/trespass
BENCH JUDGMENT: Claims against neighbors for nuisance, interference with easements/trespass, and injunctive relief following summary resolution of easement claims rejected… Owen. [Read more…]
Title insurance, rehearing denied in convoluted case
TITLE INSURANCE: Rehearing denied in convoluted title insurance case… Order. [Read more…]
Title insurance, “Pro Forma” commitments, subdivision
TITLE INSURANCE: Claims against title insurer’s agency properly rejected in convoluted case involving subdivision “lots,” proposed reconfigured divisions into “parcels” or “tracts” which never happened, and “Pro Forma” commitments with unmet requirements… Marks affirmed (other grounds). [Read more…]
Easement, lake property access dispute
EASEMENT: Defendants in lake property access dispute have express easement over Plaintiffs’ property, implied easement by prior use, and prescriptive easement but not implied easement by necessity… Plaintiffs’ request to add claim of prescriptive easement over Defendants’ property denied… Defendants’ counterclaims for nuisance, interference with easements, and punitives remain for trial… Owen. [Read more…]
Prescriptive easement, assertion by occupant
PRESCRIPTIVE EASEMENT: Lessee of State school lands had standing to claim an easement over subdivision roads for farming equipment even though the State was not claiming an easement… preliminary injunction against lessee reversed, remanded for consideration of his easement claim against subdivision owners… Vannatta reversed. [Read more…]
Easement, implied by preexisting use, Legion park access
EASEMENT: Legion post properly found to have implied easement by preexisting use to access park dedicated in 1944 “for returning servicemen and the public” against challenge by surrounding ranch… fees improperly awarded without reasonableness hearing… Cybulski affirmed, reversed. [Read more…]
Sanctions, frivolous/vexatious, counsel & clients
SANCTIONS: Court’s “clarification of application of order” finding counsel and clients in defective flooring case liable for sanctions for frivolous/vexatious conduct provided for new counsel… Larson. [Read more…]
Easement, $53,186 fees/costs, Legion Post park access
EASEMENT: $51,705 fees, $1,480.83 costs awarded American Legion post forced to defend its access to park dedicated in 1944 “for returning servicemen and the public” against challenge by current owners of surrounding ranch… Cybulski. [Read more…]
Breach of forbearance, seizure of funds, $26,374,576.13
BREACH OF FORBEARANCE: $26,374,576.13 judgment for wrongful seizure of funds from start-up office products business affirmed EXCEPT $7,535,593.18 attorney fees erroneously awarded under Montana law when Michigan law does not allow contract reciprocity fees… Dayton affirmed, reversed. [Read more…]