BENCH JUDGMENT: $12,543,484.60 against joint venturer in development of former Air Force base housing units. . . sheriff’s sale of properties ordered. . . Laird. [Read more…]
Airstrip easement not extended to nearby owners
AIRSTRIP EASEMENT for 1 airplane not extended to nearby owners. . . $53,385.08 fees/costs properly awarded Defendant, Defendant also entitled to appeal fees. . . Langton affirmed (other grounds). [Read more…]
False Claims Act, qui tam, Salish Kootenai College
FALSE CLAIMS ACT: Qui tam against Salish Kootenai College for allegedly providing false student reports to retain grants improperly dismissed on basis of tribal sovereign immunity, remanded for application of White as to whether College, as a “person” under FCA, functioned as arm of Tribe… Morris reversed. [Read more…]
Bifurcation, liability/damages, shoreline damages
BIFURCATION: Liability and damages as to lake dam operation properly considered by separate juries… supervisory control of Curtis denied… order. [Read more…]
HOA, assessments, libel, fees/costs
HOA: Numerous claims including improper assessments and libel properly rejected on summary judgment… $32,021.11 fees/costs properly awarded HOA under CPA and as sanction… appeal fees based on Covenants denied as not having been sought on that basis below… Larson affirmed (IOR I-3(c)). [Read more…]
Inverse condemnation, “further relief,” case closed
INVERSE CONDEMNATION: “Further relief” declaration that retracement survey is void and City prepare landowner plats properly denied and case ordered closed after years of street widening litigation… appeal fees denied… McLean affirmed (IOR I-3(c)). [Read more…]
Public road, Modesty Creek rehearing denied
PUBLIC ROAD: Rehearing denied as to Modesty Creek Road rulings… order. [Read more…]
Public road, statutory, prescriptive, reverse adverse
PUBLIC ROAD: Lower branch properly found to have been statutorily created… any public prescriptive easement to upper branch extinguished by reverse adverse possession… Krueger affirmed, reversed. [Read more…]
Indians, tribal college nursing terminations
INDIANS: FCA, whistleblower, other claims relating to termination of tribal college nursing staff dismissed based on sovereign immunity… claims against Board Members personally may still be viable… Morris. [Read more…]
Inverse condemnation, appeal fees/costs
INVERSE CONDEMNATION: Landowners properly awarded fees/costs incurred during prior appeal as prevailing party in street widening litigation… McLean affirmed. [Read more…]