COVENANTS: Whether Defendants sufficiently considered impact of home construction on Plaintiffs’ views of mountains improperly decided on summary judgment… $420,000 fees award to Defendants vacated pending jury’s determination of who wins… Ohman reversed. [Read more…]
Settlement agreements involving estate
EASEMENT: Preliminary injunction properly granted… Brown affirmed. [Read more…]
Rehearing of rehearing order denied
REHEARING to reinstate paragraph stricken on petition for rehearing denied… Order. [Read more…]
Rehearing granted striking part of quitclaim Opinion
REHEARING granted of Opinion affirming son’s quit claim acquisition of elderly mother’s home over her Estate’s claim of undue influence, fraud, unjust enrichment… issue of mother’s ownership share was never brought into the litigation and Judge should not have ruled on it…Brown affirmed with contested paragraph stricken. [Read more…]
Property, quitclaim undue influence, unjust enrichment
PROPERTY: Son’s quit claim acquisition of elderly mother’s home affirmed over her Estate’s claim of undue influence, fraud, unjust enrichment… Brown affirmed (memorandum). [Read more…]
Attorney disqualification, drop client like “hot potato”
ATTORNEY DISQUALIFICATION properly denied absent explanation of how Defendant was prejudiced by concurrent representations, dropping client like a “hot potato” does not constitute prejudice per se… Ohman affirmed. [Read more…]
Campaign practices, $68,232.58 verdict
CAMPAIGN PRACTICES: Civil prosecution of campaign finance violations properly resulted in $68,232.58 judgment including trebling of $19,599 verdict… Dayton affirmed. [Read more…]
Shopping center leases, fraudulent inducement
SHOPPING CENTER LEASES: Case law as to fraudulent inducement applies to leases as well as purchases/sales, disputed fact issues as to whether Defendant was fraudulently induced into lease by representations as to environmental remediation issues and whether Defendant anticipatorily repudiated leases… motion to quash subpoenas duces tecum based on alleged confidential information denied, fees/costs denied for responding… declaratory decree denied as to how Montana law treats subsequent sale of leased property… MOU filed under seal out of abundance of caution… discovery compelled as to subsequent sale, fees/costs awarded… J. Brown. [Read more…]
Appeal procedure, floodplain sanctions
APPEAL PROCEDURE: Sanctions in floodplain case became part of final judgment, waived by failure to raise in prior appeal… Haynes affirmed (IOR I-3(c)). [Read more…]
Political practices, sufficiency decision venue
POLITICAL PRACTICES: Action seeking declaration that sufficiency decision should be filed in candidate’s county rather than L&C nonjusticiable in light of subsequent enforcement action in L&C… H. Brown affirmed. [Read more…]