REHEARING denied in subdivision access case as to abandonment of part of county road… Order. [Read more…]
Subdivision roads, access to neighboring subdivision
SUBDIVISION ROADS: Public access easements properly held not to include primary access to neighboring subdivision… Eddy affirmed. [Read more…]
Easement, equitable easement, de minimis encroachment
EASEMENT: Montana law does not recognize equitable easement… encroachment must be cured by removing fence and gate from neighbor’s property and placing them at the actual line but house is de minimis encroachment and need not be moved… additional Water Well Agreement restrictions were reasonable considering the parties’ animosity… Eddy reversed, affirmed. [Read more…]
Property boundary, surveyor’s map v. deeds
PROPERTY BOUNDARY: Surveyor’s map properly given priority over deeds in resolving ownership of gap between properties… Christopher affirmed (memorandum). [Read more…]
Easement, large gateway built by dominant tenement
EASEMENT: Challenge to express easement that was matter of public record, clearly depicted, referred to in multiple public documents rejected, but Defendant not entitled to equitable attorney fees as Plaintiffs had to engage legal process to enjoin Defendant/dominant tenement’s construction of new entryway gate with large triple posts and contemplated arch which impedes access to easement and impairs viewshed… gate structure ordered removed, ground restored… Ulbricht. [Read more…]
Appellate briefs, Appellee/Cross-Appellant overlength
APPELLATE BRIEFS: Request to file 2 “full length” briefs for Appellee/Cross-Appellant rather than combined limit of 10,000 words denied. . . order. [Read more…]
Guardianship, venue
GUARDIANSHIP: Venue properly changed from county of residency at time of petition to county of assisted living facility… Ulbricht affirmed. [Read more…]
Open meetings, neighborhood planning committee
OPEN MEETINGS: Neighborhood planning committee improperly held private meetings before being advised of violation, but residents thereafter had sufficient involvement, revised plan [Read more…]
Probate, property settlement agreement, fees
PROBATE: Settlement agreement in will/partition dispute correctly construed as requiring grandchildren to give up all [Read more…]
First refusal, mule bill of sale, damages, fees
FIRST REFUSAL RIGHT in mule bill of sale enforceable, but $7,064 compensatory damages for breach reduced to $700, $5,000 punitives and $7,679 fees stricken… Lympus affirmed, reversed (IOR I-3(c)). [Read more…]