STAY of federal mining condemnation should have been granted pending parallel State Court action… Christensen reversed. [Read more…]
Quiet title, ouster of cotenants, oil & gas
QUIET TITLE: Cotenants “ousted” from oil & gas property via fee titles and adverse possession… Cybulski. [Read more…]
Conservatorship, “interested persons,” devisees
CONSERVATORSHIP: “Devisees” are “interested persons” with standing to petition for removal of a conservator… Boucher reversed. [Read more…]
Water, “combined appropriation” rules
WATER: 1993 rule interpreting “combined appropriation” in WUA as “groundwater developments that are physically manifold into the same system” properly invalidated, 1987 rule that “groundwater developments need not be physically connected nor have a common distribution system to be considered a `combined appropriation”’ properly reinstated… DNRC improperly ordered to initiate rulemaking…. Sherlock affirmed, reversed. [Read more…]
Municipal water, condemnation, “more necessary”
MUNICIPAL WATER: Missoula proved that its contemplated use of a water system is “more necessary” than the current use as a privately owned for-profit enterprise, preliminary condemnation order affirmed… Townsend affirmed. [Read more…]
Water, call from senior Teton River holders
WATER: Prior Appropriation Doctrine properly applied to find that junior Teton River rights holder wrongfully ignored call for water from senior holders, enjoined from continuing out-of-order diversions after receiving calls… Bidegaray affirmed. [Read more…]
Water, dissatisfied user complaint
WATER: Dissatisfied user complaint properly denied… Olson affirmed. [Read more…]
Water, standard of review, water volume
WATER: Incorrect standard of review of Water Master Ritter’s findings by Water Court nonetheless produced proper water volume result… McElyea affirmed. [Read more…]
Water, seepage rights, judge substitution
WATER: Seepage rights properly determined on remand from prior appeal… appeal of Olson substitution untimely, but case will return to Olson upon remand as judge responsible for distribution… Ritter affirmed. [Read more…]
Trust/appeal, summary judgment, trustee discharge
TRUST/APPEAL: Appeal untimely as issues all relate to summary judgment, none to order discharging Trustee, but appeal fees not warranted regardless of conduct below… Olson affirmed (IOR I-3(c)). [Read more…]