DITCH EASEMENT properly found by prescription… jury demand untimely or waived… $256,790 fees properly awarded for vexatious multiplication… Gilbert affirmed (IOR I-3(c)). [Read more…]
Irrigation ditch, hotel interference
IRRIGATION DITCH: Farmer’s claims of interference by hotel properly resolved by allowing hotel to maintain ditch… hotel properly awarded fees/costs for its more favorable offer rather than to farmer under ditch statute… Moses affirmed. [Read more…]
Conservatorship, waste/dissipation of assets
CONSERVATORSHIP/PROCEDURE: “Directed verdict” following nonjury trial was judgment on partial findings, not judgment as matter of law… reviewing judgment on partial findings under doctrine of “implied findings,” conservatorship based on waste or dissipation properly rejected… Todd affirmed (IOR I-3(c)). [Read more…]
Contract/construction lien, fixed-price, retainage
CONTRACT/CONSTRUCTION LIEN: Quantum meruit/unjust enrichment precluded by express contract… inefficiencies/additional labor responsibility of subcontractor under fixed-price invoicing, oral modification not [Read more…]