WATER: Certification to Water Court, injunctive relief, in challenge to Commissioner’s diversion of Teton River improperly denied… McKinnon reversed. [Read more…]
Real estate, landslide lots, $5,672,994 judgment
REAL ESTATE: Treble damages under CPA to Plaintiffs who recovered purchase price of high-end lots on undisclosed active landslide following verdicts of $545,443 and $565,707… attorney fees awarded under contract and CPA, amount to be determined at hearing… other fees/costs including courtroom electronic presentation awarded pursuant to PSAs [Read more…]
Water, municipal use change, “historic information,”
WATER: DNRC entitled to pre-73 “historic information” in Town’s application for changed uses, but no more than necessary for statutory requirements… incomplete application not ripe for review… J. Brown affirmed. [Read more…]
Highway oversize permits, preliminary injunction
HIGHWAY OVERSIZE PERMITS: Preliminary injunction granted under §§ 27-19-201(1) & (3) (applicant appears entitled to relief, [Read more…]
Arbitration, award modification, electric contract
ARBITRATION: No abuse of discretion in refusing to vacate or modify award finding breach of electric generating contract but [Read more…]
$606,001 verdict, mountain top ski land dispute
VERDICT: $600,000, abuse of process/deceit/unclean hands, $1 punitives, prescriptive easement, misrepresentation in mountain top ski land exchange… [Read more…]
Contract/fees, ski lift operations, “depreciation”
CONTRACT/ATTORNEY FEES: Ski lift agreement required owner to pay $50,000/yr “depreciation” to operator beginning 02-03 ski season, without regard to tax definition of depreciation or reason… no error in not specifying amount of judgment in [Read more…]