LAKESHORE: Owner on non-navigable lake properly found to own between high/low water marks on her property, over claim of neighbors to all land around the lake… Allison affirmed. [Read more…]
Justice Court appeal, in forma pauperis motion
JUSTICE COURT APPEAL properly denied for lack of jurisdiction prior to ruling on tenants’ previous motion to proceed in forma pauperis… $20,524 wrongful detainer damages to landlord exceeded $12,000 Justice Court jurisdictional limit… Allison affirmed, JP Wilson reversed. [Read more…]
Easement, driveway runoff, stipulated easement
EASEMENT: Runoff problem from driveway in stipulated easement properly resolved by order to bring into compliance with county regulations without award of money damages… Eddy affirmed (IOR I-3(c)). [Read more…]
Conservatorship, “interested persons,” devisees
CONSERVATORSHIP: “Devisees” are “interested persons” with standing to petition for removal of a conservator… Boucher reversed. [Read more…]
Ratification, HOA validity/enforcement authority
RATIFICATION properly applied to determine that HOA was valid with enforcement authority despite being created in non-compliance with amendment provisions of 1997 covenants… Ulbricht affirmed (IOR I-3(c)). [Read more…]
No-contact order, “suitable mode” procedure
NO-CONTACT order was “suitable mode” of responding to Petitioner’s invocation of jurisdiction… review of no-contact order and purported attorney conflict hampered by lack of transcript… Allison affirmed (IOR I-3(c)). [Read more…]
$11,943 verdict, contract, metals for recycling
VERDICT: $11,943, breach of contract for sale/purchase of metals for recycling. [Read more…]
Tax deed, lien liquidation, appeal mootness
TAX DEED: Liquidation of tax lien, certificate of redemption, moot appeal of judgment by Ulbricht that tax deed void because Treasurer failed to send notices to all “easily ascertainable” addresses (IOR I-3(d)). [Read more…]
Easement foreclosure, 2nd trustee’s sale
EASEMENT FORECLOSURE: 1st trustee’s sale void for inadequate notice to lake access easement holder (1st impression), easement properly extinguished by 2nd sale, “one-action” [Read more…]
$89,088 verdict, city water tank subcontractor
VERDICT: $89,088.12 to earthwork subcontractor against prime contractor on City water tank construction, City not liable for unjust enrichment. [Read more…]