WATER USE PERMIT for Tintina’s proposed copper mine properly upheld… Hayworth affirmed. [Read more…]
Water, Beaverhead Valley BOR rights
WATER: Summary judgment adjudicating BOR rights in Beaverhead Valley affirmed… Russ McElyea affirmed. [Read more…]
LLC/contract, winding up, gravel pit sublease, standing
LLC/CONTRACT: LLC lacked standing to sue over gravel pit sublease because 6 years exceeded reasonable time to wind up, new entity with same name created during litigation did not revive original… sole member lacked standing to sue in individual capacity as he was not a party or 3rd-party beneficiary to the disputed contract… tort claims relating to failure to pay royalties or reclaim site to minimize tax exposure properly dismissed for failure to show duty of care distinct from contract… Best affirmed. [Read more…]
Water pollution, coal mine ephemeral discharges
WATER POLLUTION: Fact issues preclude summary judgment upholding permit to discharge rain & snow water surrounding coal mine into Yellowstone River tributaries… Seeley reversed. [Read more…]
Water, implied stockwater claims vis-à-vis irrigation
WATER: Court failed to properly apply its implied claims test in rejecting implied stockwater claims vis-à-vis irrigation rights… Ritter reversed (IOR I-3(c)). [Read more…]
Water, Bateman Ditch as water management tool
WATER: Permanent injunction against using Bateman Ditch as a Teton River water management tool. . . Olson. [Read more…]
Legal malpractice, duty to ex-stepchildren
LEGAL MALPRACTICE claims properly dismissed for, inter alia, lack of duty owed to deceased client’s ex-stepchildren… protective order/attorney fees properly granted for discovery requests maintained following dismissal… Menahan affirmed (IOR I-3(d)). [Read more…]
Water, diversion/place of use, pre-73 law
WATER: Objector failed to present sufficient evidence to contradict ranch’s claimed point of diversion and place of use under pre-73 law… Lambert/Loble affirmed. [Read more…]
RFAs, withdraw/amend, new Rule 36(b), legal mal
REQUESTS FOR ADMISSIONS: Request to withdraw or amend under new Rule 36(b) improperly denied as legal malpractice Defendants failed to show prejudice by mere reliance on RFAs for summary judgment (1st impression)… Ulbricht reversed. [Read more…]
Malicious prosecution/abuse of process
MALICIOUS PROSECUTION/ABUSE OF PROCESS: Supervisory control denied as to Fagg’s denial of summary judgment for attorneys in action stemming from assault & battery complaint… order. [Read more…]