MARIJUANA: “Storefront” medical marijuana licensees not entitled to preliminary injunction against expansion under City ordinance enacted pursuant to Marijuana Regulation & Taxation Act… John Brown. [Read more…]
Well contamination, 3rd-party driller settled/dismissed
WELL CONTAMINATION: Driller of well at bar & grill found to be contaminated with fuel from store/gas station across the street dismissed from store’s 3rd-party claims after settling with bar & grill although not joint tortfeasor but under Deere/Durden rationale… main case settled eve of trial… Berger. [Read more…]
Water, City’s protectable interest v. private utility
WATER: City’s water facility plan not a protectable interest which would preclude private utility from changing its place of use… DNRC/Rienne McElyea affirmed. [Read more…]
Water Use Act, no private right of injunction
WATER USE ACT does not provide private right of injunction, only entities and officials named in §85-2-114 may petition for judicial enforcement… R. McElyea affirmed. [Read more…]
Expert disclosure, adequate only for fact witness
EXPERT DISCLOSURE: Inadequate disclosure precludes expert testimony at trial, but she is permitted to testify as a fact witness… Molloy. [Read more…]
Marketing/sales agreement, JML
MARKETING/SALES AGREEMENT: JML improperly granted mid-trial on breach of contract by erroneous interpretation that Agreement lacked minimum purchase term and was modified by performance. . . spoliation sanctions properly denied. . . 2nd deposition of a witness properly conditioned on payment of attorney fees. . . no evidence of judicial bias, but Haddon might consider recusal on remand. . . Haddon reversed, affirmed (memorandum). [Read more…]
Water, Bateman Ditch as water management tool
WATER: Permanent injunction against using Bateman Ditch as a Teton River water management tool. . . Olson. [Read more…]
Water, seepage rights, judge substitution
WATER: Seepage rights properly determined on remand from prior appeal… appeal of Olson substitution untimely, but case will return to Olson upon remand as judge responsible for distribution… Ritter affirmed. [Read more…]
Water, no private right to deliver
WATER: No private right to deliver water through ditch… rights that can be diverted properly listed… McElyea affirmed, reversed. [Read more…]
Easement/water, bottling facility, subdivided
EASEMENT/WATER: Express/implied easements between spring and water bottling facility on subdivided ranch properly determined… jurisdiction over water rights issues properly deferred to Water Court… attorney fees improperly awarded under ditch interference statute… Tucker affirmed, reversed (IOR I-3(d)). [Read more…]