PROBATE: Invitation to “buck” precedent and allow courts sitting in probate to exercise jurisdiction over tangential matters declined… fiduciary duty, negligence, fraud, bad faith claims related to PR’s alleged sale of house under market value properly dismissed… but Foy fees improperly awarded as arguments that jurisdictional precedent should be overruled not “wholly frivolous or malicious”… Seeley affirmed, reversed (memorandum). [Read more…]
$105,000 verdict, “taking” of fields by stormwater runoff
VERDICT: $105,000, inverse condemnation, 35 acres of Plaintiff’s fields “taken” from farm entity by City by subdivision stormwater runoff at stipulated $3,000/acre. [Read more…]
Involuntary manslaughter, new trial denied
INVOLUNTARY MANSLAUGHTER: New trial properly denied. . . Morris affirmed (memorandum). [Read more…]
HOA/LTA: LTA neighbor standing, HOA restrictions
HOA/LTA: LTA claims against Plaintiff’s neighbor that provides assisted living services properly dismissed for lack of standing. . . HOA business and quiet use restriction claims improperly dismissed under 12(b)(6) . . . Ulbricht affirmed, reversed. [Read more…]
Wrongful occupation/unlawful detainer, $261,000
WRONGFUL OCCUPATION/DETAINER: $261,000 damages for failure to vacate radio property affirmed, following prior $112,397.23 damages and $19,600 fees/ costs and order to vacate… Neill affirmed (IOR I-3(c)). [Read more…]