EASEMENT: Preliminary injunction properly granted… Brown affirmed. [Read more…]
County Indian criminal reimbursement claims
COUNTY INDIAN CRIMINAL REIMBURSEMENT claims properly rejected based on statute of limitations and on summary judgment… Eddy affirmed. [Read more…]
Easement, equitable easement, de minimis encroachment
EASEMENT: Montana law does not recognize equitable easement… encroachment must be cured by removing fence and gate from neighbor’s property and placing them at the actual line but house is de minimis encroachment and need not be moved… additional Water Well Agreement restrictions were reasonable considering the parties’ animosity… Eddy reversed, affirmed. [Read more…]
Bench judgment, interference with easement/trespass
BENCH JUDGMENT: Claims against neighbors for nuisance, interference with easements/trespass, and injunctive relief following summary resolution of easement claims rejected… Owen. [Read more…]
Elections, 2021 voter legislation unconstitutional
ELECTIONS: Unconstitutionality of 2021 voter amendments affirmed… Moses affirmed. [Read more…]
Easement, lake property access dispute
EASEMENT: Defendants in lake property access dispute have express easement over Plaintiffs’ property, implied easement by prior use, and prescriptive easement but not implied easement by necessity… Plaintiffs’ request to add claim of prescriptive easement over Defendants’ property denied… Defendants’ counterclaims for nuisance, interference with easements, and punitives remain for trial… Owen. [Read more…]
Elections, ballot petition electronic signatures
ELECTIONS: Independent AG candidate’s 2020 petitions containing only electronic signatures properly rejected… challenge reviewed under “capable of repetition” mootness exception… Brown affirmed. [Read more…]
Elections, HB 176, SB 169 injunction stay on appeal
ELECTIONS: SOS’s request to stay preliminary injunction prohibiting enforcement of HB 176 and SB 169(2) granted… Moses reversed… order. [Read more…]
Vehicular homicide, newly discovered reconstruction
VEHICULAR HOMICIDE: Ineffective assistance, exculpatory evidence, newly discovered reconstruction evidence claims properly rejected in postconviction challenge of vehicle/pedestrian conviction… Larson affirmed. [Read more…]