PUBLIC ACCESS: Public road right-of-way established by prescription includes land necessary for maintenance, safe/convenient use, not just part traveled, separate secondary easement not applicable to determine width… [Read more…]
Environment, Rock Creek trout, “unique” ecology
ENVIRONMENT: DEQ approval of general permit to allow storm water discharges from mine project roads failed to properly consider bull trout impacts in Rock Creek which is of “unique ecological significance,” properly reversed… Seeley affirmed. [Read more…]
Environment, Rock Creek, unique ecological
ENVIRONMENT: Rock Creek of unique ecological significance because of
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Insurance, owned vehicle
INSURANCE: Vehicle owned by husband & wife in which wife injured while husband driving within “insured auto” exception [Read more…]
Insurance, “insured auto” UIM exception
INSURANCE: Vehicle owned by husband & wife in which wife injured while husband driving within “insured auto” exception to “underinsured auto,” wife’s UIM claim following release of husband for $300,000 liability limits rejected… insurer not [Read more…]
Environment/procedure, air permit affidavit
ENVIRONMENT/PROCEDURE: Untimely motion to amend affidavit challenging air quality permit related back to original affidavit, amendment wrongly denied… de novo review, not abuse of discretion, proper standard as to whether amended [Read more…]