CONSERVATION EASEMENT: Preliminary injunction against 33,000 forest land easement by owner of 13,000 acres of mineral interests rejected for failure to show likely irreparable harm… easement later approved by Land Board… Cuffe. [Read more…]
Marijuana, “storefront” licensees’ expansion challenge
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…]