State Law Library of Montana

Notices of new Opinions and Orders from the Montana Supreme Court, Library Announcements, Research Tips, and Montana Legal News

Archive for the ‘Real Estate’ Category

UNPUBLISHED OPINION: Pryor v. Musch

Posted by scanner1 on February 25, 2009

The Montana Supreme Court has issued an Unpublished Opinion in the following matter:

DA 08-0191,

2009 MT 50N,

STEVEN GLENN PRYOR, CYNTHIA JANICE RICHARDS and MARC LEONARD PRYOR,

Plaintiffs and Appellees,

v.

JAMES R. MUSCH and SHIRLEY J. MUSCH,

Defendants and Appellants.

Posted in Real Estate, Trusts, Unpublished Opinion, Will | Leave a Comment »

OPINION: Erler v. Creative Finance & Investments

Posted by scanner1 on February 18, 2009

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0084,

2009 MT 36,

SCOTT D. ERLER, D.D.S. PROFIT SHARING PLAN,

Plaintiff and Appellee,

v.

CREATIVE FINANCE & INVESTMENTS, L.L.C., LEOTA OSBURN; DONALD H. HILL; PATRICIA A. HILL; RAYMOND H. HILL; SUSAN L. HILL; ROBERT McCLAIN; RONI McCLAIN; DAVID M. SHERICK; HAROLD MEYER; STEPHEN BREEZE; JOHN TILTON; CLOVERHILL MORTGAGE GROUP; CORINA PARSONS, ET AL.,

Defendants and Appellant.

Posted in Bona Fide Purchaser, Fraud, Opinion, Quiet Title, Real Estate | Leave a Comment »

OPINION: Collier v. Kincheloe

Posted by scanner1 on March 25, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0770, 

2008 MT 100,

GARY L. COLLIER,

Plaintiff and Appellant,

v.

ART KINCHELOE, as Personal Representative for

the Estate of Violet Jean Kincheloe a/k/a Violet

Kincheloe, Deceased, ART KINCHELOE, and

FIRST SECURITY BANK OF ROUNDUP,

Defendants, Appellees, and Cross-Appellants.

Posted in Opinion, Quiet Title, Real Estate | Leave a Comment »

OPINION: Walters v. Luloff

Posted by mtlawlibrary on January 31, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 07-0061,

2008 MT 17,

JAMES M. WALTERS and DIANE M. WALTERS,
Plaintiffs and Appellee,

v.

LARRY LULOFF, JANET PERKINS LULOFF,
PHYLLIS WEBSTER and THE BROKERS
A REAL ESTATE CO., P.C.,
Defendants and Appellants.

Posted in Attorneys' Fees/Costs, Civil, Damages, Negligent Misrepresentation, Opinion, Real Estate, Summary Judgment | Leave a Comment »

OPINION: Public Lands Access Ass’n v. Jones

Posted by mtlawlibrary on January 16, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0523,

2008 MT 12,

PUBLIC LANDS ACCESS ASSOCIATION, INC.,
Plaintiff and Appellant,

v.

ROGER JONES, and the UNITED STATES OF
AMERICA BUREAU OF RECLAMATION,
Defendants and Appellees.

Posted in Easement, Opinion, Real Estate, Subject Matter Jurisdiction | Leave a Comment »

OPINION: Flathead Citizens for Quality Growth v. Flathead County Bd. of Adjustment

Posted by mtlawlibrary on January 3, 2008

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0173,

2008 MT 1,

FLATHEAD CITIZENS FOR QUALITY GROWTH, INC.,
Plaintiff and Appellant,

v.

FLATHEAD COUNTY BOARD OF ADJUSTMENT,
Defendant and Appellee,
____________________
TUTVEDT FAMILY PARTNERSHIP,
Plaintiff and Appellant,

v.

FLATHEAD COUNTY BOARD OF ADJUSTMENT,
Defendant and Appellee.

Posted in Administrative Law, Civil, Conditional Use Permit, Opinion, Real Estate, Zoning | Leave a Comment »

OPINION: Povsha v. City of Billings

Posted by mtlawlibrary on December 20, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0204,

2007 MT 353,

RODNEY R. POVSHA, et al.
Plaintiffs, Petitioners and Appellants,

v.

CITY OF BILLINGS, et al.,
Defendants, Respondents and Appellees.

Posted in Mootness, Opinion, Real Estate, Zoning | Leave a Comment »

OPINION: Leisz v. Avista Corp.

Posted by mtlawlibrary on December 19, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0435,

2007 MT 347,

NAOMI R. LEISZ,
Plaintiff and Appellant,

v.

AVISTA CORPORATION, and BEVERLY J. REVIER,
PATSY K. MEREDITH, BETTY R. TAYLOR, GARY N.
REVIER, LARRY D. REVIER, and JOHN D. REVIER,
Defendants and Appellees.

Posted in Civil, Easement, Opinion, Real Estate | Leave a Comment »

OPINION: Montana Dept. of Revenue v. PPL Montana

Posted by mtlawlibrary on December 5, 2007

The Montana Supreme Court has issued an Opinion in the following matter: 

DA 06-0477,

2007 MT 310,

STATE OF MONTANA, DEPARTMENT OF REVENUE,
Petitioner, Appellee and Cross-Appellant

v.

PPL MONTANA, LLC,
Respondent and Appellant.

Posted in Administrative Law, Civil, Constitutional Law, Equal Protection, Opinion, Real Estate, Taxation | Leave a Comment »

OPINION: Kubacki v. Molchan

Posted by mtlawlibrary on November 28, 2007

The Montana Supreme Court has issued an Opinion in the following matter:

DA 06-0611,

2007 MT 306,

REBECCA KUBACKI and EDWARD KUBACKI,
Plaintiffs and Appellants,

v.

MELISSA K. MOLCHAN,
Defendant and Appellee.

Posted in Civil, Collateral Estoppel, Divorce, Domestic Relations, Opinion, Real Estate, Service of Process | Leave a Comment »