PROBATE: District Court sitting in probate had jurisdiction to interpret MPSA involving large ranch following husband’s death following divorce when deeds had not yet been signed, MPSA properly interpreted including correcting attorney’s scrivener’s error… PR daughter properly replaced by special administrator on petition by wife… Laird affirmed. [Read more…]
Water, beneficial use permit, Rock Creek Mine
WATER: Beneficial water use permit related to Rock Creek Mine improperly reversed… DNRC affirmed, Seeley reversed. [Read more…]
Water, abandonment through nonuse or “illegal” use
WATER: Claims of abandonment through irrigation nonuse or “illegal” use properly rejected… Fritsch/Ritter affirmed. [Read more…]
County road, §7-14-2622 creation
COUNTY ROAD: Petitioners failed to provide clear & convincing evidence (or even preponderance) of creation of county road pursuant to §7-14-2622… Rule 52(c) motion granted for landowners following Petitioners’ case-in-chief at bench trial… Huss. [Read more…]
County roads, §7-14-2622 (2009) recognition
COUNTY ROADS: Petitioners seeking recognition of county road across private land per §7-14-2622 (2009) must establish by clear & convincing evidence that it has always been maintained & publicly traveled (1st impression)… Huss. [Read more…]