REAL ESTATE SALE: Evidence of scheme to acquire ranch for substantially less than husband in divorce action should have listed it for, that husband breached duties as trustee and [Read more…]
Clerk & Recorder, mandamus to record deed
CLERK & RECORDER properly mandated to record deed in 2002 (prior to amendment of law) to allow sale of mortgage security tract without court order, County not prejudiced by writ 2 days before closing without opportunity to respond… $32,884 fees properly awarded as prevailing party in [Read more…]
Attorney conflict, paralegal switching firms
ATTORNEY CONFLICT: Supervisory control challenging Curtis’s refusal to disqualify Plaintiff’s law firm that hired paralegal [Read more…]
Subdivision, standing, substantial compliance
SUBDIVISION: Individuals and association have standing to challenge proposed subdivision… approval properly overturned [Read more…]
Easement by necessity, scope, interference
EASEMENT by necessity properly established from public road to parcel that was landlocked at time of County severance… old road properly established as public way… easement scope not unlimited as Plaintiffs sought, more expansive than [Read more…]
Securities fraud, derivative, pre-suit demand
SECURITIES FRAUD: Claims are derivative, require pre-suit demand under Montana or Delaware law… demand a substantive right under Delaware law, complaint dismissed without prejudice to refiling that meets futility requirement or after pre-suit demand… CPA claim [Read more…]