DITCH EASEMENT dispute properly resolved on summary judgment, untimely affidavit properly not considered, abandonment issue not timely raised, Defendant had notice that 2 ditches at issue despite “ditch” in complaint… $25,173.21 fees/costs properly awarded for easement enforcement… Haynes affirmed (IOR I-3(c)). [Read more…]
Probate, will contest, laches
PROBATE: Objection to informal probate of will, claim of lack of capacity, properly rejected based on laches… Christopher affirmed (IOR I-3(d)). [Read more…]
Judge substitution, informal probate
JUDGE SUBSTITUTION: Motion filed during informal probate premature and thus untimely, not because it was not filed within 30 days of Notice… Townsend affirmed (other grounds). [Read more…]
Establishment, Big Mountain Jesus
ESTABLISHMENT: Renewal of FS permit for Big Mountain Jesus on federal land leased to ski resort not violative of Establishment Clause… Christensen. [Read more…]
Probate, income from 2032A property
PROBATE: Beneficiary of ranch including 2032A property also entitled to income from 2032A property, properly allowed to object to amended final accounting which distributed income to siblings as part of residuary estate… H. Brown affirmed. [Read more…]
Legal malpractice, civil/bankruptcy representation
LEGAL MALPRACTICE: Pro se wife may not assert claims on behalf of husband, their lawyer represented bankruptcy estate at time claims against officers settled in bankruptcy, no standing to sue him… Larson affirmed. [Read more…]
Probate, PR removal for cause
PROBATE: PR properly removed for cause… Christopher affirmed. [Read more…]
Tax deed, certificate notice response time
TAX DEED: Rule 6(3) 3-day additional mailing time not applicable to 2 weeks for paying delinquent taxes following notice of [Read more…]
Public access, video depositions, FDCPA case
PUBLIC ACCESS to video depositions in FDCPA case ordered… Strong. [Read more…]
Wrongful discharge, HR Manager probation period
WRONGFUL DISCHARGE: Hospital HR Manager’s probation began when she began work, not when she accepted employment offers, terminated within 6 months while still [Read more…]