SUPERVISORY CONTROL granted requiring action on probate petition after 5 orders by Standing Master Beatty imposing her extra-statutory ideas of notice to heirs… Order. [Read more…]
Irrigation ditch easement, ditch company’s rights
IRRIGATION DITCH EASEMENT: Irrigator properly found to have unreasonably interfered with ditch company’s easement rights… Spaulding affirmed. [Read more…]
Oil & gas leases, sage-grouse habitat
OIL & GAS LEASES: Judgments as to BLM policies governing lease sales on protected sage-grouse habitat affirmed and reversed… Morris affirmed, Patricco reversed, affirmed. [Read more…]
University, Covid tuition/fees reimbursement
UNIVERSITY: Class action for reimbursement of tuition and fees after MSU transitioned to online learning due to Covid properly dismissed… McMahon affirmed (other grounds). [Read more…]
Minerals, forced pooling, successor to non-participant
MINERALS: Producer entitled to forced pooling of interests acquired by successor to non-participating owner as well as risk penalties… Davies affirmed. [Read more…]
Partnership, departing ranch partner’s interest
PARTNERSHIP: Departing ranch partner’s interest properly valued pursuant to Partnership Agreement at $1,421,863, over experts’ valuations of $463,000 and $1,190,400… Hayworth affirmed (IOR I-3(c)). [Read more…]
30-day notice equitable tolling
Whether 30-day notice requirement may be equitably tolled under latent injury doctrine depends on whether it was reasonable for Petitioner to believe she did not suffer an injury which would require treatment… Sandler. [Read more…]
Partnership dissolution, family ranch
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…]
Judgment clarification, lake property partition
JUDGMENT CLARIFICATION: Flathead Lake property partition properly clarified to reflect intent as to septic easement… Tucker affirmed (IOR I-3(d)). [Read more…]
Arbitration, employee termination, waiver by delay
ARBITRATION: City’s waiver argument based on 4-year delay in pursuing arbitration of employee termination is issue for arbitrator… H. Brown reversed. [Read more…]