ABUSE OF PROCESS/MALICIOUS PROS claims in water dispute prematurely dismissed… Recht reversed. [Read more…]
Property redemption, application of credits
PROPERTY REDEMPTION: Property sufficiently redeemed after certain credits applied… Eddy affirmed (memorandum). [Read more…]
$1.8 million gross verdict (60/40), t-bone MVA, death/PI
VERDICT: $1.8 million gross, t-bone MVA, death of driver, injuries by passenger, negligence apportioned 60% to speeding other driver, 40% to deceased driver for BAC and leaving business driveway without yielding. [Read more…]
Class certification, jail strip searches
CLASS CERTIFICATION approved for claims of improper strip searches of misdemeanant jail detainees… Abbott affirmed. [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…]
Judge substitution upon reversal of summary judgment
JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [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, subdivision wells, outside use restriction
WATER: Covenant precluding use of water from subdivision wells outside of subdivision not a reasonable restraint on alienation of water right… J. Brown reversed. [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…]