PARTNERSHIP DISSOLUTION: Judicial dissolution of family ranch not necessary as partner’s interest was subject to Agreement’s buyout provisions… no jurisdiction to award fees following deemed-denied period… Huss reversed, affirmed as to dissolution; Hayworth reversed as to fees. [Read more…]
Bench judgment, competing ranch plan claims
BENCH JUDGMENT: Claims of parties who divided 6,000-acre ranch into 3 parcels designated for hunting, agriculture, or recreation under shared-use agreements that fell apart determined… intent as to usage rights, contract revision, actual/constructive fraud, statute of limitations, access easements (express, implication, prescription, necessity, existing use), unjust enrichment, constructive trust, slander of title, fees/costs… Hayworth. [Read more…]
Pivot irrigation system, fixture of land
PIVOT IRRIGATION SYSTEM installed by Plaintiff for use on Defendant’s land to grow alfalfa to attract game for Plaintiff constituted a fixture of the land… Defendant properly found not to have breached email purchase/maintenance agreement at time Plaintiff sued for return of damaged system… Plaintiff not entitled to unjust enrichment recovery… Hayworth affirmed. [Read more…]
Farm partnership dissolution
FARM PARTNERSHIP DISSOLUTION: Arbitration, settlement… Cozzens/Todd. [Read more…]