PROPERTY REDEMPTION: Property sufficiently redeemed after certain credits applied… Eddy affirmed (memorandum). [Read more…]
Foreclosure, “maintenance expenses,” cleanup costs
FORECLOSURE: “Maintenance expenses” in §25-13-802(3) do not include cleanup costs for removal of a redemptioner’s personal property (scrap yard items)… Allison reversed. [Read more…]
Ranch partition between brothers, special master
RANCH PARTITION issues between brothers in dissolution of large ranching operations properly resolved including appointment of special master and discovery sanctions… Todd affirmed. [Read more…]
Foreclosure, right to possession during redemption period
FORECLOSURE: Claim of statutory right to possession during redemption period barred by collateral estoppel of prior action in which purchaser at sheriff’s sale was granted possession 10 days after purchase… Eddy affirmed (IOR I-3(c)). [Read more…]
Water, BLM wildlife claims in reservoirs
WATER: Stockwater claims in reservoirs forfeited for failure to file with DNRC. . . BLM wildlife claims valid. . . Ritter affirmed. [Read more…]
Defective yard hydrants, tort v. contract gravamen
DEFECTIVE YARD HYDRANTS: Gravamen of claims that hydrants violated plumbing cross-connection regulation sounds in tort, not contract, time-barred, no justiciable controversy to support declaratory judgment request. . . complaint dismissed with prejudice. . . Jones. [Read more…]
Water, CS&K Compact, legislative approval
WATER: CS&K Water Compact codification and administrative provisions do not enact new sovereign immunities, did not require 2/3 vote of each legislative house… Manley affirmed, reversed. [Read more…]
Defective yard hydrants
DEFECTIVE YARD HYDRANTS: Constitutional (clean/healthful environment) tort, negligence, declaratory, breach of contract claims by water district against DEQ dismissed on summary judgment… professional negligence claim against engineers time-barred, further briefing required as to whether gravamen sounds in tort… Jones. [Read more…]
Constitutional tort, defective yard hydrants
CONSTITUTIONAL TORT claim by water/sewer district against engineers of defective yard hydrants dismissed as “adequate alternatie remedies” are available under breach of contract/negligence theories… Jones. [Read more…]
Will, standing to contest will, remove PR
WILL: Daughter of testator’s predeceased sibling who would take in intestacy has standing to contest will which did not name the sibling, but not to petition for removal of PR for cause because she has no property interest in the $5 million ranch estate (“person interested in the estate” synonymous with “interested person”)… Ulbricht reversed, affirmed (other grounds). [Read more…]