CONSTRUCTIVE DISCHARGE: Trooper’s WDEA claims barred because he failed to exhaust CBA grievance procedures, summary judgment for State improperly denied, $114,888 verdict reversed… Gilbert reversed. [Read more…]
Marital, home valuation at dissolution v. separation
MARITAL: Wife properly awarded 55% of home valued at time of dissolution rather than separation… Gilbert affirmed (memorandum). [Read more…]
Prescriptive easement, neighborly accommodation
PRESCRIPTIVE EASEMENT properly found over roads for failure to show neighborly accommodation in bench trial after denial of summary judgment and amendment to include road that was not in original complaint… Gilbert affirmed. [Read more…]
Orders of protection, unsupported modification motion
ORDERS OF PROTECTION: 4th motion to modify properly denied without a hearing for failure to provide legal or factual support… attorney fees/costs properly awarded for frivolous motion, appeal fees/costs awarded for “blatant misrepresentation” in brief and meritless arguments… Olson affirmed (memorandum). [Read more…]
Marital, construction businesses, encumbered property
MARITAL: Distributions involving construction businesses and encumbered marital property affirmed… Gilbert affirmed (memorandum). [Read more…]
Marital, contempt, failure to pay child support
MARITAL: No abuse of discretion in finding husband in contempt and ordering him to pay $28,813 child support and $3,710 attorney fees after years of disregarding allegedly inequitable and unenforceable stipulation and orders…. Gilbert affirmed (IOR I-3(c)). [Read more…]
House contract, $135,000 verdict
HOUSE CONSTRUCTION CONTRACT: $135,000 verdict for breach of contract with builder affirmed… Gilbert affirmed (IOR I-3(c)). [Read more…]
Hunting, crossing private land to access public land
HUNTING: Crossing private land to access public land constituted “hunting”… conviction of hunting without landowner permission affirmed… Cantin/Gilbert affirmed. [Read more…]
Marital, original decree challenge waived by settlement
MARITAL: Challenge to original decree waived by mediated settlement on appeal… attempt to relitigate protective order precluded by previous appeal… Gilbert affirmed (IOR I-3(c)). [Read more…]
Cattle guards, settlement agreement, no “cabling”
CATTLE GUARDS: Settlement agreement properly construed to preclude “cabling”… Laird affirmed (IOR I-3(c)). [Read more…]
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