EASEMENT: Fence dispute properly resolved largely in favor of Defendants… $106,209 attorney fees & costs to Defendants was reasonable, also entitled to appeal fees for obtaining net benefit on principal issues… Salvagni affirmed, reversed. [Read more…]
Port Authority, preliminary injunction denied
PORT AUTHORITY: Preliminary injunction based on alleged violations of open meeting and right to participate properly denied… Berger affirmed. [Read more…]
Settlement, $20 million, attorney who killed & injured
SETTLEMENT of civil claims against attorney who wounded his former paramour and killed her new boyfriend resulting in $10 million judgments for each properly construed as not requiring Liquidating Receiver to pay attorney’s capital gains taxes… Vannatta affirmed. [Read more…]
Subdivision “country living” covenants, short rentals
SUBDIVISION COVENANTS intended to encourage “country living” properly construed to prohibit short-term rentals… Coffman affirmed. [Read more…]
Defamation, New York Post statements about Montanan
DEFAMATION: New York Post statements about Whitefish businessman are protected by New York’s fair report privilege as they fairly & accurately report court proceedings, not for a jury to decide… ex-police chief’s comparison to Weinstein and Epstein non-actionable opinion… Eddy reversed, affirmed. [Read more…]
Liquor liability, “negligence (premises liability)”
LIQUOR LIABILITY: “Negligence (premises liability)” claim with 3-year tort statute — co-pled with “negligence (liquor liability)” claim with 2-year Dram Shop statute — precludes dismissal of bar from suit filed 2 years 8 days after assault by patron… Wilson reversed. [Read more…]
HOA covenants, fishing lodge short-term rentals
HOA COVENANTS: Use of property for fishing lodge short-term rentals not violative of “use for residence only” restriction… McMahon affirmed. [Read more…]
Trailer park lease, “property management agent”
TRAILER PARK LEASE: Fact issues as to whether lessee was acting as lessor’s property management agent as to spaces rented to 3rd parties preclude summary judgment on whether late-discovered lease was valid or properly terminated pursuant to Mobile Home Lot Rental Act… lessee permitted to add unjust enrichment counterclaim following lessor’s summary judgment motion… Recht. [Read more…]
Subdivision covenants, assisted living in home
SUBDIVISION COVENANTS: No abuse of discretion denying preliminary injunction against proposed assisted living facility in residence pending determination of merits . . . Larson affirmed (IOR I-3(c)). [Read more…]
Insurance, arbitration clause, defend/indemnify breach
INSURANCE: Policy arbitration clause unenforceable after insurer breached duty to defend & indemnify transportation company officers resulting in $3,121,758.45 consent judgment in favor of risk retention group. . . Christensen. [Read more…]