Montana Law Week

The Weekly Digest of Montana Law

Contract/fraud/civil conspiracy, business sale

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CONTRACT/FRAUD/CIVIL CONSPIRACY: Release not obtained by undue influence, release of all claims and payment is valid accord & satisfaction discharging contractual obligations, obviating breach of contract claim… claim of fraudulent misrepresentation of health of principal, value of company, and need to sell time- [Read more…]

Public library, banned disruptive patron

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PUBLIC LIBRARY: Disruptive patron’s privileges properly terminated… officer entitled to qualified immunity in investigating criminal trespass on library property… no showing of standard of care or that it was breached by library and officers reacting to banned patron’s aggressive conduct… Molloy. [Read more…]

Excessive force, tasing, federal/state claims

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EXCESSIVE FORCE ARREST: Although flight justified some force in stopping Plaintiff sitting by sidewalk with pill box with leafy substance (which turned out to be marijuana), jury may determine that government interest in stopping him may not be sufficient to justify tasing under [Read more…]

Zoning, large storage building, rental “accessory,”

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ZONING: Board of Adjustment properly revoked Planning Office permit for large building for storing property from rentals, not “accessory” to existing single-family rental… $25,000 Foy fees/costs properly awarded to neighbors who protested permit, “fees for fees” properly denied… Harkin/Townsend affirmed. [Read more…]