DEFAULT JUDGMENT in agricultural designation dispute premature and voidable warranting set-aside despite procedural notice error… Gilbert affirmed (other grounds). [Read more…]
Abuse of process, wind farm litigation, 12(b)(6) dismissal
ABUSE OF PROCESS claim by ranchers frustrated by neighbors’ efforts to stop wind farm and “squeeze them out” improperly dismissed under Rule 12(b)(6)… Hayworth reversed (memorandum). [Read more…]
Pleadings, wind farm suit amendments, counterclaims
PLEADINGS: Ranchers’ amendments to Answer in opposition to neighbors’ challenge to wind farm properly denied as untimely but counterclaims alleging abuse of process improperly dismissed with prejudice as compulsory, may be asserted in independent action… Oldenburg affirmed, reversed. [Read more…]
Wind farm suit dismissed without prejudice
WIND FARM: Suit to halt proposed 79.9 MW project dismissed without prejudice following preliminary injunction and developers unable to obtain financing as a result dropped out… landowners’ counterclaims dismissed as untimely compulsive… Oldenburg. [Read more…]
Cattle guards, settlement agreement, no “cabling”
CATTLE GUARDS: Settlement agreement properly construed to preclude “cabling”… Laird affirmed (IOR I-3(c)). [Read more…]
Wind farm, preliminary injunction
WIND FARM: Preliminary injunction granted halting proposed 79.9 MW project on farm land pending trial… $50,000 cash bond allowed over request for $181 million… Oldenburg. [Read more…]
$625,000 settlement, water easement trespass
SETTLEMENT: $400,000 from subdividers to water district and $225,000 to lot owners on appeal of $666,533.11 water easement trespass/nuisance judgment. [Read more…]
Judgment, public road over private property
BENCH JUDGMENT: Road over private property public road for all lawful purposes, no prescriptive easement… Oldenburg. [Read more…]