ATTORNEY FEES: All of home subcontractor’s $120,981.05 fees improperly assessed against owner’s construction lien bond following $1,838,000 verdict against general contractor on contract claims… Manley reversed. [Read more…]
$3,325,000 verdict, trespass across mining claims
VERDICT: $3,325,000 for trespass to owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine. [Read more…]
Water system condemnation, expenses “incurred”
WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]
Cotenancy adverse possession
COTENANCY ADVERSE POSSESSION: Possessory cotenants established ownership of entire property (except minerals) by adverse possession after entry under color of title via a recorded deed that purported to convey entirety. . . Cybulski affirmed. [Read more…]
Condemnation, water system, post-summons interest
CONDEMNATION: Post-summons interest properly denied in City’s condemnation of private water system. . . Townsend affirmed. [Read more…]
$749,000 punitives review, cap unconstitutional
PUNITIVES REVIEW: Punitives cap unconstitutional, $749,000 award upheld on review (as opposed to $21,920.31 under 3% cap) in addition to $1,088,000 compensatory damages in house contract suit. . . Manley. [Read more…]
Water, Bateman Ditch as water management tool
WATER: Permanent injunction against using Bateman Ditch as a Teton River water management tool. . . Olson. [Read more…]
Federal mining condemnation, jury footnote
MINING CONDEMNATION: Footnote addressing jury issue added to opinion holding that stay of federal mining condemnation should have been granted pending parallel State Court action… rehearing denied… order. [Read more…]
Water, Teton River rights dating back to 1874
WATER: Rights to Teton River water dating back to 1874 properly determined except that irrigation effort begun in 1880 and completed in 1887 constituted single priority date in 1880… Ritter affirmed, reversed. [Read more…]
Wastewater, box store “secondary impacts”
WASTEWATER: DEQ did not violate MEPA by not considering “secondary” impacts of big box store other than water quality and related construction of wastewater system… owner must be disclosed in application (not just realtor)… Menahan reversed, affirmed. [Read more…]
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