JUDGE SUBSTITUTION: Municipal water condemnees improperly denied right of substitution upon reversal of summary judgment in attorney fees dispute… Townsend reversed. [Read more…]
Wages, $69,586.17 bonus/supervision wage claim denied
WAGES: Claimed $69,589.17 bonus and supervision rejected… Logan Jackson. [Read more…]
Eminent domain, litigation expenses, sold interest
EMINENT DOMAIN: Litigation fees incurred after sale of interest in condemned city water system improperly awarded. . . Townsend reversed. [Read more…]
Water system condemnation, expenses “incurred”
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…]
Condemnation, water system, post-summons interest
CONDEMNATION: Post-summons interest properly denied in City’s condemnation of private water system. . . Townsend affirmed. [Read more…]
Milk dating, Montana’s 12-day sell-by date
MILK DATING: Washington packager has Art. III standing to challenge Montana’s 12-day sell-by date… Haddon reversed (unpublished). [Read more…]
Municipal water, condemnation, “more necessary”
MUNICIPAL WATER: Missoula proved that its contemplated use of a water system is “more necessary” than the current use as a privately owned for-profit enterprise, preliminary condemnation order affirmed… Townsend affirmed. [Read more…]
Municipal water, preliminary condemnation order
MUNICIPAL WATER: Preliminary condemnation order issued allowing Missoula’s condemnation of private water system to proceed… Townsend. [Read more…]
Insurance, $12 million confessed judgment
INSURANCE: Insurer entitled to contest reasonableness of $12 million confessed judgment in house construction dispute… final judgment reversed… Ortley reversed. [Read more…]
$812,000 settlement, subdivision access
SETTLEMENT: $812,000 ($675,000 cash plus assumption of improvements to access road valued at approximately $137,000), unlawful subdivision variance denial. [Read more…]