INSURANCE: Endorsements to well contractor’s CGL policy did not extend additional insured status to owner seeking coverage for death of flow tester, no duty to defend/indemnify… Laird reversed. [Read more…]
Garbage collection, competition, convenience/necessity
GARBAGE COLLECTION: PSC properly considered competition in determining public convenience & necessity, in contrast to prior practice of not considering competition until after finding public need… substantial evidence supported granting certificate… Krueger affirmed. [Read more…]
Oil/gas lease, not extended during primary term
OIL & GAS LEASE: Land was not pooled and lease not extended by drilling during primary term, pooling order properly not applied retroactively. . . Cavan affirmed (memorandum). [Read more…]
Eminent domain, litigation expenses, sold interest
EMINENT DOMAIN: Litigation fees incurred after sale of interest in condemned city water system improperly awarded. . . Townsend reversed. [Read more…]
Water system condemnation, expenses “incurred”
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
CONDEMNATION: Post-summons interest properly denied in City’s condemnation of private water system. . . Townsend affirmed. [Read more…]
Constitutional initiative, CI-116, separate votes
CONSTITUTIONAL INITIATIVE: CI-116 (Marsy’s Law) violative of Constitution’s separate vote requirement, void in entirety… original proceeding. [Read more…]
Condemnation, interim taxes
CONDEMNATION: Water company being taken by City continues responsible for property taxes until final order entered, then may pursue remedies for taxes paid since summons… Seeley reversed. [Read more…]
Judgment clarification, lake property partition
JUDGMENT CLARIFICATION: Flathead Lake property partition properly clarified to reflect intent as to septic easement… Tucker affirmed (IOR I-3(d)). [Read more…]
$16,769,000 punitives review, $7,591,302 fees/costs
PUNITIVES REVIEW: $16,760,000 punitives upheld on top of $286,550 compensatory verdict for bank’s wrongful set off/breach of contract with logging company… punitives cap unconstitutional… $7,500,482 fees based on 44% contingency, $90,820 costs… McLean. [Read more…]