REHEARING of house defects Opinion denied… Order. [Read more…]
$35,000 bench judgment, house construction defects
BENCH TRIAL: House construction defects judgment awarding $35,000 for patio repairs and rejecting trespass, CPA, and negligence claims affirmed… McMahon affirmed (memorandum). [Read more…]
ERISA, putative class action, ski accident claimant
ERISA: Putative class action by ski accident claimant properly dismissed because conduct occurred before No Surprises Act went into effect… Christensen affirmed (memorandum). [Read more…]
Streambed Act, no jurisdiction over Glacier inholding
STREAMBED: No jurisdiction by Conservation District to enforce Streambed Act on private property in Glacier Park… DeSoto affirmed (memorandum). [Read more…]
Subdivision, corrected Opinion as to public notice
SUBDIVISION: Opinion re-issued to correct statement that County does not dispute that Planning Department failed to provide public notice… Order. [Read more…]
Subdivision, County exemption regulations
SUBDIVISION: County’s regulations require public notice of exemption applications… Lint reversed. [Read more…]
Subdivision, RV park conditional approval
SUBDIVISION: Conditional approval of preliminary plat for RV park upheld… Cuffe affirmed. [Read more…]
Water, WCA/UDJA attorney fees
WATER: Attorney fees properly denied under Water Use Act, improperly denied under UDJA for lack of tangible object to be possessed… McMahon affirmed, reversed. [Read more…]
Right to know, presumption toward attorney fees award
RIGHT TO KNOW: Successful Art. II §9 Plaintiff entitled to presumption toward attorney fees… Abbott reversed. [Read more…]
Surprise medical billing, ERISA
SURPRISE BILLING claims under ERISA relating to “in-network” and “out-of-network” services for ski accident Plaintiff rejected on summary judgment… Christensen. [Read more…]