PROBATE 14 years after death to confirm title to mineral interests per 1997 will not barred by general 3-year bar… undue influence, testamentary capacity properly rejected on summary judgment… Ortley affirmed. [Read more…]
Water, ignored call for water
WATER: Junior Teton River rights holder wrongfully ignored call for water from senior holders where source has not been fully adjudicated so no commissioner is regulating, enjoined from continuing out-of-order diversions after receiving calls from seniors… Bidegaray. [Read more…]
Municipal water, preliminary condemnation order
MUNICIPAL WATER: Preliminary condemnation order issued allowing Missoula’s condemnation of private water system to proceed… Townsend. [Read more…]
Water, no private right to deliver
WATER: No private right to deliver water through ditch… rights that can be diverted properly listed… McElyea affirmed, reversed. [Read more…]
Forum selection, Calif. parties, Mont. wind farm
FORUM SELECTION: Dispute between California entities over avian conditions at Montana wind farm should be resolved in California pursuant to mandatory forum selection clause in one contract, permissive clause in another… interpretation under California [Read more…]
Oil/gas lease, insufficient production cancelation
OIL/GAS LEASE: Plaintiffs seeking to cancel for insufficient production required to follow 90-day notice requirement of lease which takes precedence over statute… dismissed without prejudice… Oldenburg. [Read more…]
Ditch easement
DITCH EASEMENT claim properly denied… Langton affirmed. [Read more…]
Road easements, lakeshore lots
ROAD EASEMENTS not established by lakeshore owners to developer’s adjacent land… McLean affirmed. [Read more…]
Property, specific performance, $600,001 verdict
PROPERTY: $600,001 verdict, specific performance, $176,834 attorney fees, arising out of dizzying array of land transfers, assignments, corporate metamorphoses, abuse of process, deceit affirmed… Plaintiff entitled to appeal fees… Tucker mostly affirmed. [Read more…]
Insurance, defend/indemnify, landslide lots
INSURANCE: Insurer has duty under CGL and umbrella policies to defend/indemnify sellers of landslide lots in suit resulting in $2,789,914/$2,883,080 awards including $545,443/$565,707 verdicts [Read more…]