WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]
Discrimination, disadvantaged enterprises program
DISCRIMINATION: Fact issues preclude summary judgment on damage claims by subcontractor against Montana’s disadvantaged business enterprises program even though it does not currently employ gender/race goals… Christensen reversed, affirmed (unpublished). [Read more…]
Prescriptive easement, width for mining machines
PRESCRIPTIVE EASEMENT: Width established as 14 feet to accommodate widest mining machine, but gates must be removed or relocated if necessary to get machines through… fees properly denied Claim Owners… Tucker affirmed, reversed (IOR I-3(c)). [Read more…]
Union, breach of fair representation, $100,000
UNION: $100,000 verdict for breach of fair representation for MPEA not pursuing age discrimination/retaliation grievance against County affirmed… claimed $100,975 fees properly denied… Sherlock affirmed. [Read more…]
Gravel access lease, parol evidence
GRAVEL ACCESS LEASE properly construed without parol evidence purporting to allow renewal in perpetuity… Townsend affirmed (IOR I-3(d)). [Read more…]
Offer of judgment, highway inverse condemnation
OFFER OF JUDGMENT proceeds in highway inverse condemnation dispute properly awarded to buyer of property on contract as settlement was between buyer and MDT, not to owner who did not participate in the litigation in any meaningful way and failed to [Read more…]
Condemnation/appeal, fees, law of case
CONDEMNATION/APPEAL: Prior remand limited to determination of amount of fees, award of $116,739.53 affirmed, but subsequent order declaring 70-30-306(2) unconstitutional exceeded law of case and remand instructions… Curtis affirmed, reversed (IOR I-3(d)). [Read more…]
Injunction, highway, disadvantaged enterprise
INJUNCTION: TRO/preliminary injunction denied in challenge of Disadvantaged Business Enterprise requirement for highway contract… Lovell. [Read more…]
Billboard permit, commercial/industrial property”
BILLBOARD PERMIT: Entire unzoned 270 acres of gravel/excavation businesses properly found to be used for [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…]