COMMON LAW MARRIAGE properly found not established in Montana… Cybulski affirmed. [Read more…]
Easement, temporary parking/unloading equipment
EASEMENT: Grantee did not exceed scope of easement by temporarily parking, loading, unloading construction equipment within the easement and using the road for equipment’s passage onto his properties for further development… Wilson affirmed. [Read more…]
$3,307,500 verdict, buy-sell access disclosure dispute
VERDICT: $3,307,500 verdict in buy-sell access disclosure dispute ($2,450,000 compensatory damages and $812,500 punitives against seller to buyers, $35,000 damages against seller’s agent, $10,000 damages against buyers’ agents). [Read more…]
Easement, preliminary injunction denied, expanded use
EASEMENT: Preliminary injunction properly denied as to construction equipment’s minor expanded use of easement… Wilson affirmed (memorandum). [Read more…]
Probate, $1 no-contest provision, common-law marriage
PROBATE: Siblings properly awarded only $1 each from Estate based on Will’s no-contest provision and their challenge to their father’s common-law marriage and widow’s claim for elective share and statutory allowances… Cuffe affirmed (memorandum). [Read more…]
Water system negligence, uninhabitable house
WATER SYSTEM NEGLIGENCE: Summary judgment rulings in case involving failure of water supply system resulting in residence becoming unhabitable… statute of repose applicable to designer/builder of system, not to “materialman” supplier of pipe fittings… Allison. [Read more…]
UEF claimant’s medical records protected
Purported employer not entitled to claimant’s medical records from UEF… Sandler. [Read more…]
Streambed preservation, dredging in drainage
STREAMBED PRESERVATION: Conservation District properly found to have jurisdiction over creek drainage dredging… Eddy affirmed. [Read more…]
Petitioner capable of 2 JAs not PTD
Petitioner who is capable of performing 2 JAs is not PTD, not entitled to additional medical benefits under §704(1)(f)(ii)… Sandler. [Read more…]
$6,000 verdict, foot run over by pickup
VERDICT: $6,000, foot run over by pickup, admitted negligence, fractures/soft-tissue. [Read more…]