DEFAULT: “Antonius-Damascus; Raelund” not a party in interest, has no standing to seek to set aside default and default judgment in lease/purchase agreement scam . . . son or step-son who claimed to have signed the lease only in representative capacity properly denied leave to intervene of right. . . lease was option to purchase, not contract of sale, subject to LTA remedies including balance of rent due since 8/16, treble damages, attorney fees/costs, interest. . . Wilson affirmed. [Read more…]
Legal malpractice v. fraud, statute of limitations
LEGAL MALPRACTICE claims stemming from property access settlement with County properly dismissed as time-barred fraud claims… Wilson affirmed (IOR I-3(c)). [Read more…]
Fair representation, union attorney gross negligence
FAIR REPRESENTATION: Fired policeman improperly awarded $47,550 attorney fees as element of compensatory damages on DFR claim stemming from union attorney’s extraordinary gross neglect in handling grievance… $50,000 punitives improperly awarded without compensatory damages predicate… Ulbricht reversed. [Read more…]
Easement, Flathead Lake driveway disputes
EASEMENT: Flathead Lake driveway disputes properly resolved in favor of Defendant neighbors… Krueger affirmed (IOR I-3(d)). [Read more…]
Fire district, scope of services, dispatch duties
FIRE DISTRICT created in 1989 entitled to expand services pursuant to 1991 amendment of statute… PSAP must notify but has discretion as to dispatch… McNeil reversed, affirmed. [Read more…]
Road easement, width, subdivision access
ROAD EASEMENT: Width properly based on historical use, “estimate” in feet dictum, properly used for subdivision access… appeal sanctions denied… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]