RIVERBEDS: Title properly quieted to US for 4 “Segments” of rivers and to the State for 1 segment… Christensen affirmed. [Read more…]
Housing race discrimination, private club
HOUSING RACE DISCRIMINATION: Defendant properly found to be private club not subject to public accommodation laws… OAH (Joslyn Hunt) affirmed, FAD. [Read more…]
Receivership, $249,423.78 fees prior to disposition
RECEIVERSHIP: $249,423.79 fees properly awarded Receiver and his attorney prior to disposition of all claims in commercial property dispute… Larson affirmed (memorandum). [Read more…]
Coal mine expansion, permit rulings, attorney fees
COAL MINE EXPANSION permit rulings affirmed in part, reversed in part, remanded for rehearing by BER and recalculation of attorney fees from the $862,755 awarded Conservation Groups for both administrative and judicial proceedings… Bidegaray affirmed, reversed. [Read more…]
Appellate procedure, denial of stay pending appeal
APPELLATE PROCEDURE: Denial of stay pending appeal of reversal of coal strip-mine permit reversed… Bidegaray reversed (order). [Read more…]
$989,793 verdict, disputed stock shares redemption
VERDICT: $989,793, disputed stock shares redemption. [Read more…]
Oil pipeline taxes, gathering systems
OIL PIPELINE TAXES: Gathering systems properly classified as class 8. . . DOR reversed, Menahan affirmed. [Read more…]
Condemnation, interim taxes
CONDEMNATION: Water company being taken by City continues responsible for property taxes until final order entered, then may pursue remedies for taxes paid since summons… Seeley reversed. [Read more…]
Arbitration, essence of stay motion not under FAA
ARBITRATION: Essence of stay motion was not relief under FAA, no §16(a) appellate jurisdiction over denial (1st impression)… Watters affirmed (Motions Panel). [Read more…]
ERISA, felony exclusion, $83,000 accidental death
ERISA: Felony exclusion not applicable to Interstate MVA in which insured and passenger were killed in collision with truck as unlikely that speeding and phone use would support negligent homicide or criminal endangerment particularly in light of possibility of truck [Read more…]