MINERALS: Producer entitled to forced pooling of interests acquired by successor to non-participating owner as well as risk penalties… Davies affirmed. [Read more…]
Water pipeline, easement in gross v. appurtenant
WATER PIPELINE agreement created easement in gross, not appurtenant, valid requirement for consent to assign, grantors had right to reasonably withhold consent to agribusiness… no prescriptive easement based on claimed adverse use of ditch… Oldenburg affirmed. [Read more…]
Attorney fees, $342,881, frivolous stock claims
ATTORNEY FEES: $342,881 fees & costs awarded out of ex-girlfriend’s 16% share of deceased’s $2,808,425 stock account for defense by 3 other beneficiaries of frivolous claim to entire account, affirming Cebull’s award following remand from 9th Circuit to allow objections as to amounts… Watters. [Read more…]
Contract, claimed cash mineral sale by deceased vet
CONTRACT: Claim that 90-year-old deceased veterans home resident sold rich mineral interests for $10,000 cash based on 1-page handwritten agreement barred by rescission, laches, unclean hands… tort claims against PR also rejected… mineral interests devised to Eastern Montana Veterans Home Foundation… Tucker. [Read more…]
Discovery, supervisory control petition
DISCOVERY: Supervisory control of Krueger denied in discovery dispute… order. [Read more…]
Billboards, value of damaged signs
BILLBOARDS: Board of Adjustment ignored value of signs and cost to repair damaged signs in relation to ordinance requiring removal of signs damaged or destroyed by more than 50% of value, abused discretion in denying permission to rebuild signs… Cebull. [Read more…]