DEFAULT properly entered in writ of possession case involving myriad Justice Court rules and non-lawyer’s attempt to represent LLC… Beal/Deschamps affirmed (memorandum). [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…]
Property boundary, surveyor’s map v. deeds
PROPERTY BOUNDARY: Surveyor’s map properly given priority over deeds in resolving ownership of gap between properties… Christopher affirmed (memorandum). [Read more…]
Trust v. TOD beneficiary designations
TRUST: TOD designations controlled distribution of investment accounts, decedent’s failure to follow through with stated intent to transfer accounts to Trust made them nonprobate transfers to designated beneficiaries, Trustee’s claim of unjust enrichment properly rejected. . . Larson affirmed. [Read more…]
Trucking company dispute, $1,890,000 verdict
TRUCKING COMPANY DISPUTE: $1,890,000 verdict for Defendant/Counterclaimant affirmed… Larson affirmed (IOR 3(c)). [Read more…]
$1,890,000 verdict to Defendant, trucking dispute
VERDICT: $1,890,000 to Defendant/Counterclaimant in trucking company dispute… liability for punitives against Plaintiff found but waived… unjust enrichment claim to be decided by Judge. [Read more…]
Easement, express, “changed circumstances”
EASEMENT: 1995 express easement purportedly intended for access to a bridge not invalidated by “changed circumstances” of bridge never being built… use for recreation consistent with stated “roadway and utility purposes”… Langton affirmed (IOR I-3(d)). [Read more…]
Default, summary denial of set-aside
DEFAULT: Motion to set aside entry of default improperly granted summarily without explanation… preliminary injunction in easement dispute improperly based on default but with no findings, conclusions, or reasoning… McLean reversed (IOR I-3(d)). [Read more…]
Tax deed, notice, title guarantee, 2009 amendment
TAX DEED void for failure to provide adequate notice to all parties listed on a property title guarantee pursuant to 2009 amendment… constitutional challenge to amendment not preserved for appeal… redemption amount properly determined, no legal entitlement to insurance or attorney fees… Dayton affirmed. [Read more…]
Quiet title, waiver of service defects, supervisory
QUIET TITLE: Supervisory control of J. Brown denied as to waiver of service defects in quiet title default… order. [Read more…]