HOLOGRAPHIC WILL valid only for appointing sister PR, did not create power of appointment or trust, undisposed part of estate must pass under intestacy to children… Knisely affirmed, reversed. [Read more…]
Attorney discipline, AG suspension rejected
ATTORNEY DISCIPLINE: COP’s recommendation of 90-day suspension of AG Knudsen rejected, 149-page Opinion & Order serves as public admonition for violation of RPC… COP’s violation of due process mandates dismissal rather than remand. [Read more…]
Restrictive covenants, garage to Accessory Dwelling
RESTRICTIVE COVENANTS: Conversion of garage into accessory dwelling not violative of covenant against short-term rental of single-family residence but renting it as Airbnb violative of commercial business restriction… Wald reversed. [Read more…]
Interest, compensation incident to specific performance
INTEREST: Case leading to certified question as to whether compensation incident to specific performance constitutes legal damages for prejudgment interest settled and dismissed… Order. [Read more…]
Interest, compensation incident to specific performance
INTEREST: 9th Circuit certified question as to whether compensation incident to specific performance constitutes legal damages for prejudgment interest accepted… Order. [Read more…]
Buy-sell, water rights/inspection contingencies
BUY-SELL: Buyers did not properly rely on water rights or inspection contingencies to terminate BSA… DeSoto affirmed (memorandum). [Read more…]
Interest, prejudgment, buy-sell specific performance
INTEREST: Question certified to Montana Supreme Court whether compensation incident to specific performance constitutes legal damages for purpose of prejudgment interest… Order. [Read more…]
Class certification, subdivision “bad dirt”
CLASS CERTIFICATION granted in subdivision “bad dirt” suit against developers… $3,440,000 settlement with engineers… Souza, Todd. [Read more…]
Zoning, large-scale water bottling plant in ag zone
ZONING: Large-scale water bottling plant properly held to be valid nonconforming use under agriculture zoning regulations… Allison affirmed. [Read more…]
$6,952,065 settlements, hospital employees’ health plans
SETTLEMENT: $6,952,065, action for accounting, disgorgement of profits, reimbursement of losses, on behalf of 11,000 employees with health benefit plans at 5 hospitals. [Read more…]