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…]
Municipal water, condemnation, “more necessary”
MUNICIPAL WATER: Missoula proved that its contemplated use of a water system is “more necessary” than the current use as a privately owned for-profit enterprise, preliminary condemnation order affirmed… Townsend affirmed. [Read more…]
Municipal water, preliminary condemnation order
MUNICIPAL WATER: Preliminary condemnation order issued allowing Missoula’s condemnation of private water system to proceed… Townsend. [Read more…]
Joint & several liability, $185,000 judgment
JOINT & SEVERAL LIABILITY: Objection to “and/or” instruction as to 2 defendants inadequate & untimely after business venture [Read more…]
Jurisdiction, Internet yacht charter
JURISDICTION lacking over Montana suit alleging fraudulent chartering of Florida yacht via Internet… Christopher affirmed (IOR I-3(d)(v)).
William Weimar of Lake Co. sued John Barrett in Lake Co. alleging fraudulent inducement in contracting with a Florida company for the chartering of a [Read more…]
Nuisance, spite fence, yard lights, verdict
NUISANCE/SPITE FENCE: Instruction that fence not nuisance merely because unsightly or obstructs view improperly limited nuisance under Montana law… declaratory judgment that fence was spite fence properly denied, fact issues properly tried… code violations properly excluded… [Read more…]