FAMILY LLC properly converted from 30 years to perpetual by 67% supermajority vote without participation by withdrawing member… LLC properly joined as a defendant… $4,410 fees improperly awarded to hybrid LLC expert designated by both parties… Gilbert affirmed, reversed. [Read more…]
Water, exempt groundwater, failure to timely claim
WATER: Failure to timely file claim for exempt groundwater precluded Water Court jurisdiction… Ostrem/McElyea affirmed. [Read more…]
Easement, breach by hunting violation, outside access
EASEMENT: Agreement breached by hunting violation, access of land outside easement… claims to private and public prescriptive easements properly rejected… fees properly awarded pursuant to agreement… unconscionability claim not preserved for appeal but undermined by arguments… Berger affirmed. [Read more…]
Easement agreement rescission, hunting offense
EASEMENT across neighbors’ property properly rescinded for hunting without permission conviction in violation of Easement Agreement’s conditions… no private or public easement… nuisance/negligence/punitives claims for blocking access rejected… Berger. [Read more…]
Settlement enforcement, emailed MOU
SETTLEMENT ENFORCEMENT: Emailed MOU is written, electronically signed, settlement reached at mediation of Colstrip pollution claims, attempt by one ranch to repudiate following tax advice properly rejected… MOU not improperly “re-written” to change purchase option to first refusal… [Read more…]
Home purchase rescission, $350,000 price
VERDICT: Rescission of $350,000 home purchase plus $15,000 incurred for repairs or other expenses, undisclosed defects. [Read more…]
Wrongful discharge, specific term, at will
WRONGFUL DISCHARGE: Contract for specific term which also allows termination at will is not “written contract for a specific [Read more…]
Default, flawed attorney affidavit, untimely order
DEFAULT: Attorney affidavit averring to disputed facts outside personal knowledge improperly relied on for default judgment… authority also lost after motion deemed denied for failure to issue timely order… dispute as to proper defendant not determinative… J. Brown reversed. [Read more…]
Jurisdiction, kit airplane, death crash
JURISDICTION properly not found over out-of-state manufacturers/sellers of kit airplane and components that crashed in Montana… no personal jurisdiction by mere placing products into stream of commerce… jurisdictional discovery properly denied… Salvagni affirmed. [Read more…]