SEWER ODOR: Supervisory control of McElyea’s denial of summary judgment on negligence and nuisance denied… Order. [Read more…]
Buy-sell of elderly brothers’ ranch, verdict
BUY-SELL of elderly brothers’ ranch breached by buyers based on jury verdict, gift deed void based on jury finding of undue influence… buy-sell judicially rescinded, title to ranch quieted in favor of brothers… $150,000 jury award vacated because of rescission… Gilbert affirmed. [Read more…]
Water, co-equal appropriators, percent v. flow rate
WATER: Decree involving co-equal appropriators properly enforced by District Court in percent shares rather than flow rates during shortages… attorney fees properly denied for inability to ascertain a prevailing party… Jones affirmed. [Read more…]
Appeal bond, $659,350 to stay ranch buy-sell judgment
APPEAL BOND: Requests for relief from Gilbert’s requirement of $659,350.43 bond to stay judgment pending appeal of ranch buy-sell judgment denied… order. [Read more…]
Unauthorized practice, LLC member for LLC
UNAUTHORIZED PRACTICE: LLC’s assignment of claims to member does not permit the non-lawyer member to sue on behalf of LLC (first impression)… member also lacks standing to assert LLC’s claims… Ohman affirmed. [Read more…]