FRAUDULENT ARD CLAIMS: $5,826,023 to US for false claims by CARD with Qui Tam Relator BNSF awarded 25% plus $1,423,936.58 fees/costs affirmed… Christensen affirmed (memorandum). [Read more…]
Interstate transportation of stolen property/laundering
INTERSTATE TRANSPORTATION OF STOLEN PROPERTY/MONEY LAUNDERING convictions affirmed… Haddon affirmed (memorandum). [Read more…]
Child pornography, 2nd warrantless search
CHILD PORNOGRAPHY: 2nd warrantless search of probationer’s home reasonable… Watters affirmed (memorandum). [Read more…]
Sentencing, insurance fraud, ability to pay fines/costs
SENTENCING: Fines, costs, fees, charges improperly imposed on insurance fraud Defendant without consideration of statutory criteria for ability to pay. . . issue preserved for appeal by general objection, not necessary to again object after imposition of sentence. . . $500 felony surcharge exceeds 10% maximum on a $2,500 fine. . . McMahon reversed (IOR I-3(c). [Read more…]
Title insurance, road easement in front of hotel
TITLE INSURANCE: Policy adequately noticed excluded road easement, no obligation to list all documents referencing an encumbrance. . . summary judgment for title company affirmed with reservations as to performance. . . McMahon affirmed (IOR I-3(c)). [Read more…]
Zoning, special district, no sand/gravel
ZONING: Special district zoning pattern & regulations prohibiting sand & gravel mining properly adopted over claim of citizen petition gerrymandering, reverse spot zoning… no established property right to apply for new permit or amendment to existing permit, but remanded for consideration of takings claim as to [Read more…]
Marital, property valuation
MARITAL: Property properly valued at time of separation when wife left home and parties thereafter had separate finances, other findings also affirmed, but remanded for clarification that debt to be divided as of separation… Spaulding affirmed (IOR I-3(d)(v)). [Read more…]
Subdivision, service, denial
SUBDIVISION: Service nearly 3 years after denial of application technically timely under SPA but not “prompt” as [Read more…]