JUDGE DISQUALIFICATION of Larson denied for lack of facts showing personal bias or prejudice by his notice of AI-assisted filings in another case… Order. [Read more…]
LLC dissociation, $2.5 million verdict
LLC DISSOCIATION: $2,420,000 compensatory damages verdict in favor of farm/ranch LLC and against departing members affirmed, but $80,000 punitives verdict reversed as action arose from Operating Agreement… 8-year contract statute properly applied in “twilight zone of contract and tort law”… dissociation date properly fixed at 2/2/18… departing members’ 2 shares properly valued at $434,000 each with 7.5% interest accruing from 2/2/18… Laird affirmed, reversed. [Read more…]
Water, co-equal appropriators, percent v. flow rate
WATER: Decree involving co-equal appropriators properly enforced by District Court in percent shares rather than flow rates during shortages… attorney fees properly denied for inability to ascertain a prevailing party… Jones affirmed. [Read more…]
Utilities, electricity pre-approval statute
UTILITIES: Challenge to electricity pre-approval statute fails for lack of standing… Marks reversed. [Read more…]
Abuse of process, wind farm litigation, 12(b)(6) dismissal
ABUSE OF PROCESS claim by ranchers frustrated by neighbors’ efforts to stop wind farm and “squeeze them out” improperly dismissed under Rule 12(b)(6)… Hayworth reversed (memorandum). [Read more…]
Solar energy, PSC orders for small facilities
SOLAR ENERGY: PSC orders for small solar facilities properly vacated and modified… Manley affirmed. [Read more…]
Pleadings, wind farm suit amendments, counterclaims
PLEADINGS: Ranchers’ amendments to Answer in opposition to neighbors’ challenge to wind farm properly denied as untimely but counterclaims alleging abuse of process improperly dismissed with prejudice as compulsory, may be asserted in independent action… Oldenburg affirmed, reversed. [Read more…]
Water, Big Warm Creek allocation
WATER: Big Warm Creek rights properly allocated… McElyea affirmed. [Read more…]
Wind farm suit dismissed without prejudice
WIND FARM: Suit to halt proposed 79.9 MW project dismissed without prejudice following preliminary injunction and developers unable to obtain financing as a result dropped out… landowners’ counterclaims dismissed as untimely compulsive… Oldenburg. [Read more…]
Wind farm, preliminary injunction
WIND FARM: Preliminary injunction granted halting proposed 79.9 MW project on farm land pending trial… $50,000 cash bond allowed over request for $181 million… Oldenburg. [Read more…]