DEFAULT JUDGMENT on $1,594,282 loans properly not set aside where sophisticated developer who ignored summons claims he “assumed” his attorney was handling the matter… Christopher affirmed. [Read more…]
Marital, property settlement agreement, ranch
MARITAL: Ranch property settlement agreement properly enforced… Curtis affirmed (IOR I-3(d)). [Read more…]
Contempt, family law ancillary order exception
CONTEMPT order by Curtis appealable under family law ancillary order exception… order. [Read more…]
Road easement, permissive v. hostile
ROAD EASEMENT: Use began as permissive, became hostile, but hostile use did not last 5 years, prescriptive right correctly denied… Stadler (IOR I-3(d)(v)). [Read more…]
Shooting range, nuisance, trespass
SHOOTING RANGE: Challenge not precluded by specific exemptions, neighbors may further develop civil public nuisance claim… private nuisance analysis should focus on [Read more…]
Commercial lease, “bar or tavern” prohibition
COMMERCIAL LEASE: Casino that serves alcohol qualifies as prohibited “bar or tavern” under lease… no extraordinary circumstances for applying laches… summary judgment properly granted Plaintiff without hearing… attorney fees/costs on appeal in addition to fees below… McLean affirmed. [Read more…]