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…]
Easement, overflow/recreation use of 2nd lot
EASEMENT: Access to residence on one lot and to overflow/recreation use of 2nd lot do not establish prescriptive easement for residence on 2nd lot… Manley. [Read more…]
Real estate, dual agent malpractice, expert
REAL ESTATE: JML properly granted on prospective buyer’s claim of intentional interference with buy-sell… summary judgment on realtor malpractice claim improperly granted for lack of expert… JML improperly granted for dual-agent realtor on breach of contract/covenant/ damage claims… Newman affirmed, reversed. [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…]
Judgment clarification, lake property partition
JUDGMENT CLARIFICATION: Flathead Lake property partition properly clarified to reflect intent as to septic easement… Tucker affirmed (IOR I-3(d)). [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…]
Bench judgment, Flathead Lake property partition
BENCH JUDGMENT: Sisters’ Flathead Lake property partitioned following Supreme Court ruling that hearing is required on referees’ report… partition proposed by referees including bisecting cabin set aside as substantially inequitable, partition proposed by [Read more…]
Defense verdict, 1031 transaction, dual agent
VERDICT: Defense, alleged failure of dual agent to warn buyer of risks in complex 1031 transaction. [Read more…]
Partition, objections to referees’ report
PARTITION: Objections to referees’ report sufficient to compel hearing (1st impression)… Christopher reversed. [Read more…]