Montana Law Week

The Weekly Digest of Montana Law

Water system condemnation, expenses “incurred”

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WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]

Condemnation, water system, post-summons interest

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CONDEMNATION: Post-summons interest properly denied in City’s condemnation of private water system. . . Townsend affirmed. [Read more…]

Municipal water, condemnation, “more necessary”

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MUNICIPAL WATER: Missoula proved that its contemplated use of a water system is “more necessary” than the current use as a privately owned for-profit enterprise, preliminary condemnation order affirmed… Townsend affirmed. [Read more…]

Vehicle dealership, limitation of remedies

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VEHICLE DEALERSHIP: Limitation of remedies provision bars Plaintiff’s claim for consequential damages for breach of contract but not for “loss resulting in the ordinary course of events from the seller’s breach”… Montana law at the time correctly applied to tort claims (3-year statute), but subsequent Masters mandates applying choice-of-law provision to tort claims arising out of performance of contract as well as contract claims, provision stipulates Texas law (4-year statute)… Molloy affirmed, reversed (unpublished). [Read more…]

$3,146,185 fees, $29M ESOP stipulated judgment

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ATTORNEY FEES: $3,146,185 fees, $89,153 costs awarded in $29 million settlement/stipulated judgment and assignment of rights by grocery chain executives to 35 ESOP participants… $35,816,986 total judgment with $6,816,986 prejudgment interest… appeal bond waived for $26 billion insurer… Townsend. [Read more…]