ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Elections, Green Party’s nominated/appointed US Senate
ELECTIONS: Supervisory control of McMahon denied as to allowing Green Party’s nominated/appointed US Senate candidate on general election ballot as suit by Democratic Party unlikely to succeed on the merits… Opinion & Order. [Read more…]
Protective order, 10 years against Trooper’s ex-girlfriend
PROTECTIVE ORDER: 10-year order properly issued against Trooper’s ex-girlfriend… West/Breuner affirmed. [Read more…]
Elections, 2021 voter legislation unconstitutional
ELECTIONS: Unconstitutionality of 2021 voter amendments affirmed… Moses affirmed. [Read more…]
Constitutional initiative, top-4 primary
CONSTITUTIONAL INITIATIVE: BI-12 for top-4 primary incorrectly found deficient by AG based on separate-vote requirement… Opinion & Order. [Read more…]
Elections, student ID, no same-day registration
ELECTIONS: SB 169 (student ID insufficient to vote) and HB 176 (no election day registration) properly preliminarily enjoined… Moses affirmed. [Read more…]
Easement, in gross v. appurtenant
EASEMENT improperly found in gross rather than appurtenant, injunctive relief for Plaintiff improperly denied… Dayton reversed. [Read more…]
Expungement, speeding non-crime/misdemeanor
EXPUNGEMENT: Speeding is not a crime, thus Petitioner has not shown that he has a misdemeanor to expunge in 11th Judicial District, Petition to expunge all unspecified misdemeanors properly dismissed for improper venue… Eddy affirmed. [Read more…]
DUI, independent blood test, not “unreasonably impeded”
DUI: Defendant not “unreasonably impeded” from obtaining independent blood test… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Environment, MEPA equitable remedies bar, mine
ENVIRONMENT: §75-1-201(6)(c)/(d) bar of equitable remedies for a MEPA violation properly held violative of constitutional mandate to provide remedies to prevent environmental harms… other rulings on request for mine exploration license in Yellowstone Ecosystem… Gilbert affirmed, reversed. [Read more…]