Justia Real Estate & Property Law Opinion Summaries

David Wolfe owned property in Columbia Falls, Montana. In 2000, he executed a will leaving the property to his daughter, Wendy Rae Wolfe. In 2018, David signed a beneficiary deed transferring the property to his brother, Philip M. Wolfe. David passed away in 2023, and Wendy began residing on the property, believing it was hers per the will. Philip, however, claimed ownership based on the 2018 deed and issued a notice for Wendy to vacate.Wendy filed a pro se quiet title action in December 2023, alleging that the will conveyed the property to her and that Philip obtained the deed fraudulently, either by forging David’s signature or through undue influence. Philip counterclaimed for declaratory judgment and filed a motion for summary judgment. The District Court of the Eleventh Judicial District, Flathead County, granted summary judgment in favor of Philip, concluding that Wendy failed to produce a legally meaningful challenge to the deed.The Supreme Court of the State of Montana reviewed the case. The court found that Wendy presented sufficient evidence to raise genuine issues of material fact regarding undue influence and the validity of David’s signature on the deed. The court noted that Wendy’s evidence, including affidavits and personal knowledge of David’s intentions, was enough to warrant a jury’s consideration. The court concluded that the District Court erred in granting summary judgment to Philip and reversed the decision, remanding the case for further proceedings. View "In re Estate of David Wolfe" on Justia Law

Robert Sayers filed a complaint in 2021 seeking a declaration that Lippard Road is a public road and damages from Chouteau County for loss of access to his land. Chouteau County argued that the disputed portion of Lippard Road was abandoned in 1916. The disputed portion runs along the head of the Missouri River Breaks. The parties have a history of disputes over Lippard Road, but prior decisions do not impact the current case.The Twelfth Judicial District Court reviewed the case and concluded that the proper legal avenue was a writ of review, not a declaratory judgment. The court found that the Board of County Commissioners had abandoned the disputed portion of Lippard Road in 1916. The court noted that although the record did not show the appointment of viewers or a viewers' report, the curative statute in effect at the time addressed any procedural deficiencies. The court concluded that the Board's decision to abandon the road was supported by substantial evidence and did not materially affect the interests of the county or prejudice the substantial rights of property owners.The Supreme Court of the State of Montana affirmed the District Court's ruling. The court held that the Board of County Commissioners had jurisdiction to consider the abandonment and that the record showed compliance with the statutory requirements for abandonment. The court also held that the curative statute applied, and any procedural deficiencies did not invalidate the abandonment. The court concluded that the Board did not exceed its jurisdiction or fail to regularly pursue its authority in abandoning the disputed portion of Lippard Road in 1916. View "Sayers v. Chouteau County" on Justia Law

Kevin and Jeannine Extreme appealed from the Fourth Judicial District Court, Mineral County's order enjoining them from violating restrictive covenants applicable to their property in the Sloway Flats Minor Subdivision. The District Court also ordered them to remedy their violations and awarded attorney fees to Sloway Cabin, LLC (Sloway).The District Court found that the covenants were enforceable and that the Extremes had violated them by operating a commercial towing company, diesel repair shop, and impound lot on their property, among other activities. The court enjoined the Extremes from further violations and ordered them to remedy their current violations. The court also awarded attorney fees to Sloway.The Supreme Court of the State of Montana reviewed the case. The court held that the Subdivision’s covenants were clear and unambiguous, and therefore enforceable. The court rejected the Extremes' arguments that the covenants were never meant to be enforced and that their enforcement was barred by the doctrines of waiver and laches. The court found that the Extremes had been repeatedly informed about the covenants and that Sloway had promptly acted to enforce them upon noticing violations. The court also found that the Extremes' arguments regarding the use of surrounding properties were irrelevant as those properties were not subject to the Subdivision’s covenants.The Supreme Court affirmed the District Court’s decision, holding that the District Court did not manifestly abuse its discretion by enjoining the Extremes from violating the covenants and that the award of attorney fees to Sloway was proper under the circumstances. The court found that the equities supported an award of attorney fees and that the tangible parameters test was met. View "Sloway Cabin v. Extreme" on Justia Law

R&R Mountain Escapes, LLC ("R&R") purchased a property in a subdivision near Whitefish, Montana, and began using it for short-term rentals through a vacation rental company. The neighbors, Rodney and Heather Brandt, Marshall and Neva Fladager, and Larry and Rena Lautaret, filed a lawsuit claiming that R&R's short-term rentals violated the subdivision's restrictive covenants, which were designed to maintain the area for "country residential living" and prohibited commercial use. The neighbors sought to enjoin R&R's short-term rentals and requested attorney fees.The Eleventh Judicial District Court in Flathead County granted summary judgment in favor of the neighbors, holding that the restrictive covenants prohibited R&R's short-term rentals. However, the court denied the neighbors' request for attorney fees, reasoning that the covenants were ambiguous and it would not be just to penalize R&R with an award of fees. R&R appealed the decision barring short-term rentals, and the neighbors cross-appealed the denial of attorney fees.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The Supreme Court held that the restrictive covenants, when considered as a whole, unambiguously prohibited short-term rentals. The covenants were intended to promote "country residential living" and explicitly prohibited any commercial use, including short-term rentals that created nuisances for other homeowners. The court also affirmed the District Court's denial of attorney fees, concluding that the lower court did not abuse its discretion in finding that it would be unfair to penalize a party for litigating potentially ambiguous covenants. View "Brandt v. R&R Mountain Escapes, LLC" on Justia Law

Steven Corry Stephenson, as trustee of the Steven Corry Stephenson Trust, owns Lot 11, and Lone Peak Preserve, LLC owns Lot 13, both near Big Sky, Montana. The properties were created by the same certificate of survey (COS 1754) and have a road (Skywood Road) with a 60-foot easement depicted. A 1993 affidavit of dedication granted this easement for ingress, egress, and utilities for all owners within COS 1754. In 2004, Phillip Smith conveyed Lot 13 to Lone Peak with a 30-foot easement for access and utilities across Lot 11. In 2010, Smith conveyed Lot 11 to Stephenson, referencing prior conveyances and easements. In 2013, Stephenson executed an access and utility easement agreement, incorporating the 30-foot easement described in the Smith-Lone Peak Deed.In December 2021, Stephenson sued Lone Peak for trespass and declaratory judgment, alleging that Lone Peak's utilities and proposed driveway were outside the easement area. Lone Peak counterclaimed for interference with easements, trespass, and declaratory judgment. Both parties filed motions for summary judgment. Between 2022 and 2023, Stephenson placed landscape boulders, a log, and a speed bump near Lone Peak's access, leading Lone Peak to file for a temporary restraining order and preliminary injunction in July 2023.The District Court of the Eighteenth Judicial District, Gallatin County, granted Lone Peak's request for a preliminary injunction, finding that the 30-foot easement and cul-de-sac easement were valid and that Stephenson's actions unreasonably interfered with these easements. The court ordered Stephenson to remove the obstructions and refrain from further interference.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's order, finding no manifest abuse of discretion. The court held that Lone Peak demonstrated a likelihood of success on the merits, irreparable harm, that the balance of equities tipped in its favor, and that the injunction was in the public interest. View "Stephenson v. Lone Peak" on Justia Law

Sidney and Julian Helvik, who have lived on their family ranch since 1947, sold a portion of their ranch to Wesley and Karen Tuscano in 2018. In 2020, the Helviks agreed to sell the remainder of the ranch to the Tuscanos under an agreement that included a promissory note and provisions for the Tuscanos to assist the elderly Helviks with end-of-life issues. The Helviks signed a quitclaim deed, but the Tuscanos later had them sign a gift deed, which transferred the ranch without consideration. The Tuscanos never made any payments under the agreement and used the gift deed to obtain a mortgage on the ranch.The Helviks filed a complaint in the District Court of the Sixth Judicial District, Sweet Grass County, seeking to void the agreement and the gift deed, alleging undue influence and fraud. The Tuscanos counterclaimed and filed a third-party complaint against Jacqueline Conner, alleging tortious interference and abuse of process. The District Court granted summary judgment in favor of Conner on the tortious interference claim and excluded evidence of an Adult Protective Services investigation and an oral agreement to transfer land.The Supreme Court of the State of Montana reviewed the case. It affirmed the District Court's decision to rescind the agreement based on its equitable powers, noting the unique fiduciary duty in grantor-support agreements. The court found no abuse of discretion in excluding evidence of the APS investigation and the oral agreement. The court also held that the Tuscanos waived their argument regarding jury instructions on undue influence by not objecting at trial. The summary judgment in favor of Conner was upheld due to the lack of evidence of damages. The court declined to award attorney fees to Conner under M. R. App. P. 19(5). The District Court's orders and judgments were affirmed. View "Helvik v. Tuscano" on Justia Law

In 1999, Rosemary Colver executed the Colver Land Trust agreement, naming her five children as beneficiaries and appointing Bruce and Karin as co-trustees. Rosemary and her husband, Richard, retained life estates in any real property held by the Land Trust. The Land Trust sold and purchased properties over the years, with the final property being the Sanders County Property, purchased by Rosemary and Richard in 2010. Richard quitclaimed his interest to Rosemary in 2012, and Rosemary's will devised the Sanders County Property in trust for Richard and their daughter, Gretchen, allowing them to reside there until their deaths.After Rosemary's death in 2017, Bruce and Gretchen were appointed co-personal representatives of her estate. The final accounting identified the Sanders County Property as an estate asset. In 2023, Gretchen filed a petition to correct the distribution of the Sanders County Property, claiming a life estate per the will. Bruce and the Land Trust filed a cross-motion, asserting the property belonged to the Land Trust, alleging it was purchased with Land Trust funds.The Twentieth Judicial District Court, sitting in probate, denied Bruce and the Land Trust's motion for summary judgment and granted Gretchen's motion, ruling that the Land Trust did not equitably own the Sanders County Property and that Gretchen had a valid life estate per the will.The Supreme Court of the State of Montana reviewed the case. It held that the probate court lacked subject matter jurisdiction to adjudicate the Land Trust's claim of equitable ownership, as such claims are equitable in nature and fall outside the probate court's limited jurisdiction. The Supreme Court reversed the probate court's decision regarding the Land Trust's claim and remanded with instructions to dismiss it. However, it affirmed the probate court's ruling that Gretchen had a valid life estate in the Sanders County Property as per the will. View "In re R.E. Colver" on Justia Law

Kratzer Construction entered into a subcontract with Hardy Construction Co. to perform work on a building addition for Ekalaka Public Schools. Kratzer completed the work and submitted pay applications, including one for $92,856.45, which Hardy partially disputed due to unapproved change orders. Hardy offered to pay $81,153 upon Kratzer signing a release, but Kratzer refused, demanding the full amount plus interest. Hardy later offered the same amount without requiring a release, but Kratzer still declined, insisting on interest.The Sixteenth Judicial District Court granted summary judgment to Kratzer, ruling that Hardy owed $81,153 plus 18% interest from January 6, 2022, and attorney fees, as Kratzer was deemed the prevailing party. Hardy appealed, arguing that Kratzer failed to meet a condition precedent in the subcontract requiring submission of releases from his subcontractors before final payment.The Supreme Court of Montana reviewed the case and concluded that the subcontract's provisions were clear and unambiguous. The court determined that Kratzer's failure to submit the required releases constituted a breach of the subcontract, and Hardy was entitled to withhold payment. The court found that Hardy's offers to settle did not constitute a waiver of the condition precedent or a novation of the contract.The Supreme Court reversed the District Court's summary judgment in favor of Kratzer, including the awards for interest and attorney fees. The court remanded the case for entry of judgment in favor of Hardy, requiring Hardy to pay Kratzer $81,153 for services rendered under the subcontract, less reasonable attorney fees and costs incurred by Hardy. View "Kratzer Construction v. Hardy Construction" on Justia Law

Upper Missouri Waterkeeper and seven Broadwater County residents challenged the approval of a subdivision by 71 Ranch, LP, arguing it did not meet the "exempt well" exception for a water rights permit. They sought attorney fees under the Montana Water Use Act, the Uniform Declaratory Judgments Act (UDJA), and the Private Attorney General Doctrine. The District Court denied their request for fees under all three claims.The First Judicial District Court found that the subdivision's environmental assessment was inadequate and that the County abused its discretion in approving the subdivision. The court ruled in favor of Upper Missouri on most claims but denied their request for attorney fees. The plaintiffs appealed the denial of fees.The Montana Supreme Court reviewed the case and agreed with the District Court that the Water Use Act did not authorize fees. However, the Supreme Court reversed the denial of fees under the UDJA, finding that the District Court abused its discretion. The Supreme Court held that the equities supported an award of attorney fees and that the declaratory relief sought by Upper Missouri was necessary to change the status quo. The case was remanded to the District Court to determine a reasonable amount of fees and their apportionment. The Supreme Court did not address the private attorney general claim. View "Upper Missouri v. Department of Natural Resources and Conservation" on Justia Law

Kris Hawkins filed a Realty Transfer Certificate in March 2018, indicating that a property in Florence, Ravalli County, had been transferred to the Olson Trust. The Department of Revenue (DOR) requested documentation identifying the trustee of the Trust in April 2018 and January 2019, but it was never provided. In July 2023, Hawkins, claiming to be the trustee, requested an informal review of the DOR’s appraised value of the property, which was not adjusted. Hawkins appealed to the Ravalli County Tax Appeals Board, but there was doubt about her status as trustee. Despite several requests, Hawkins did not provide the necessary documentation.The Ravalli County Tax Appeals Board denied Hawkins’s request for a reduction in value, and she appealed to the Montana Tax Appeal Board (MTAB). MTAB requested confirmation of Hawkins’s role as trustee multiple times. Hawkins filed a declaration for disqualification of MTAB members, alleging bias, but it was unsupported. She also filed a petition for interlocutory adjudication with the District Court, which was struck because the Trust was not represented by an attorney. Hawkins then requested to substitute herself for the Trust and reinstate the petition. MTAB dismissed the appeal due to lack of documentation, and the District Court dismissed the petition for lack of subject matter jurisdiction.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court’s decision. The court held that the District Court lacked subject matter jurisdiction to hear an interlocutory adjudication because the underlying matter had already been dismissed by MTAB. The court found that Hawkins’s affidavit alleging bias was insufficient and that MTAB did not lose jurisdiction after the unfounded declaration. The District Court’s dismissal of the petition was proper. View "Hawkins v. State" on Justia Law