Justia Real Estate & Property Law Opinion Summaries

This case is an appeal from a District Court order enforcing a Water Court decree related to water rights in Big Warm Creek, in Phillips County. Little Big Warm Ranch, LLC (LBWR) argued against the enforcement order and Wilfred Doll cross-appealed a ruling denying attorney fees. The parties have a complex history related to land sales and shared water rights with the same priority date. The water rights in question were co-equal in priority, meaning neither party could "call" on the other to decrease their water usage during times of low flow.The District Court allocated the parties' rights on a percent basis, which LBWR argued was erroneous. LBWR also contended that Doll should not be allowed to leave water instream at the Ester Headgate (a point of diversion). Doll, on the other hand, contended that he was entitled to attorney fees.The Supreme Court of Montana affirmed the District Court's decision. The Court found that the District Court correctly allocated the parties' rights on a percent basis and that it was correct in determining that Doll may leave water instream at the Ester Headgate. The Court also affirmed the District Court's refusal to award Doll attorney fees, reasoning that there was no prevailing party in the underlying dispute. View "Little Big Warm v. Doll" on Justia Law

The case involves an appeal by William Russell and Mountain View Investments, LLC, (MVI) against a judgment from the Eleventh Judicial District Court, Flathead County, in favor of 360 Reclaim, LLC. The dispute revolves around a twenty-acre parcel of land in Montana which was purchased by Russell in 2010 and later foreclosed due to defaulted loan payments. 360 Reclaim purchased the property at a sheriff’s sale and then started charging Russell for storage and cleanup of items left on the property. Russell attempted to redeem the property within the one-year redemption period, but his payment was rejected as insufficient by 360 Reclaim, which calculated a higher redemption amount that included cleanup costs. The District Court determined that 360 Reclaim was entitled to include cleanup costs as maintenance expenses, rendering Russell's redemption invalid.However, on appeal, the Supreme Court of Montana held that "maintenance expenses," as used in the redemption statute, do not include cleanup costs for the removal of a redemptioner’s personal property. The court found that 360 Reclaim took a calculated risk in purchasing the property at a foreclosure sale, knowing its condition and the presence of Russell's personal property. The court reversed the judgment of the District Court and remanded the case for further findings and conclusions consistent with this decision. The lower court was directed to determine what credits, if any, Russell and MVI are entitled to against the redemption price and whether Russell’s offer of redemption was in substantial compliance with the redemption statutes. View "360 Reclaim v. Russell" on Justia Law

The Supreme Court affirmed the judgment entered by the district court following a jury verdict in favor of Plaintiff on his nuisance claim against Glacier Electric Co-op, Inc., holding that the district court did not err by instructing the jury that damages could be awarded for nuisance.Plaintiff sued Glacier for damages caused by the flooding of his property, and the case proceeded to a jury trial on both nuisance and negligence claims. The jury returned a verdict in favor of Plaintiff, finding that Glacier's paving of an alleyway between the properties constituted a nuisance that damaged his property, and awarded $250,000 in damages on the nuisance claim. The Supreme Court affirmed, holding that the jury instructions in this case did not constitute reversible error. View "Winkowitsch v. Glacier Electric Cooperative, Inc." on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court granting prescriptive easements over two roadways to Defendants, concluding that remand was required with instructions to conform the findings of fact, conclusions of law, and judgment to reflect the Court's holding in this case.Specifically, the Supreme Court held (1) the district court erred by concluding that Defendants acquired a prescriptive easement over Quarter Gulch Road; (2) the district court correctly concluded that the prescriptive easement over Olson Road was appurtenant; and (3) remand was required to reflect this Court's holding that the Defendants' prescriptive easement over Olson Road was limited in scope to the historic agricultural, recreational, and residential uses of the road by Defendants and their predecessors between approximately 1948 and 1997. View "Faber v. Raty" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court ruling in favor of the Montana Environmental Information Center and Sierra Club (collectively, Conservation Groups) and vacating the Montana Department of Environmental Quality's (DEQ) permit for Westmoreland Rosebud Mining, LLC's proposed coal mine expansion, holding that the Board of Environmental Review (Board) made several errors when it upheld DEQ's findings.Specifically, the Supreme Court held (1) the district court erred in concluding that reversal of the burden of proof was prejudicial error; (2) the Board committed reversible error in limiting the Conservation Groups' evidence and argument; (3) the district court erred in determining that it was reversible error to admit certain testimony as proper rebuttal; (4) the Board erred when it concluded that no water quality standard violation could occur; (5) the Board properly considered cumulative impact of mining activity in its analysis; (6) the Board properly relied on evidence regarding aquatic life; (7) the attorney fee award was improper; and (8) the district court erred in ruling that the Board was properly included as a party on judicial review. View "Mont. Environmental Information Center v. Westmoreland Rosebud Mining" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgments of the district court enforcing the parties' mediated memorandum of understanding (MOU) regarding a subdivision dispute and then implementing it in the form of a more formal final settlement agreement proposed by Developers for approval by the Town of Fort Peck, Montana, holding that the district court erroneously granted Developers judgment as a matter of law.The district court ultimately concluded that the mediated MOU was an independently valid and enforceable contract in accordance with its written terms and as approved by the Town Council at its closed meeting, thus granting Developers' motion to enforce and implement the mediated MOU. The Supreme Court reversed in part, holding that the district court erred in granting Developers judgment as a matter of law that the Town Council took action to approve the parties' mediated MOU at its closed meeting and that a genuine issue of material fact remained as to whether a majority a quorum of the Town Council satisfied the agreed condition precedent to contract formation and enforceability of the MOU. View "Hanson v. Town of Fort Peck" on Justia Law

The Supreme Court reversed judgments issued by the district court in these consolidated appeals concerning the interpretation of the Montana Residential Mobile Home Lot Rental Act as it related to mobile home owners who had been evicted from their lots, holding that the Act does not allow for a no-cause termination of a periodic tenancy.David and Doreen Lockhart appealed the order issued by the district court upholding the order for possession issued by the justice court and ordering them to vacate and remove all personal property from a mobile home lot owned by Westview Mobile Home Park, LLC. Hydi Cunningham appealed the district court orders following the justice court's judgment and order for possession of property and writ of issuance ordering Cunningham to vacate the mobile home lot she had been renting from Greener Montana Property Management, LLC. The Supreme Court reversed in both causes, holding (1) the Act does not allow a lot-only landlord to terminate a homeowner tenant's month-to-month lease without cause; and (2) therefore, the no-cause terminations of both leases in this case were illegal and invalid. View "Greener Montana Property Management LLC v. Cunningham" on Justia Law

The Supreme Court affirmed the judgment of the district court granting a Partnership's motion for summary judgment and concluding that Tract 3, one of three individual tracts that were carved out from Owners' land for separate ownership by each of the Partnership's owners, was burdened by a thirty-foot easement and could not benefit from it, holding that there was no error.In 1990, Owners conveyed the property at issue to the Partnership and conveyed Tract 3 to R.A. Roehder. The warranty deed conveying the property provided that the property was given together with thirty-foot-wide easements for ingress and egress. Roehder later sold his interest in the Partnership. After Roehder's death, Tract 3 was acquired by Zinvest, LLC by tax deed, and Zinvest conveyed the property to Lee Lou. The Partnership later filed a complaint to quiet title with a declaratory judgment that Lee Lou owned no interest in the easement and only the partnership had an interest in the easement. The court granted summary judgment in favor of the Partnership. The Supreme Court affirmed, holding that the district court did not err in determining that Tract 3 did not benefit from the thirty-foot easement and that tracts 1 and 2 did benefit from the easement. View "Duke Trust v. Lee Lou, LLC" on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment in favor of the City of Whitefish and affirming the Whitefish City Council's decisions to deny a conditional use permit (CUP) and grant Resolution 21-43, which denied the permit, holding that there was no error in the proceedings below.Whitefish 57 Commercial, LLC and Rimrock Companies, LLC (collectively, Appellants) applied for a CUP to develop a hotel on a lot of their subdivision. After a public hearing on the development project the Council adopted Resolution 21-43 that denied the permit. Appellants appealed, claiming that the Council abused its discretion in denying their CUP. The district court granted summary judgment against Appellants. View "Whitefish 57 Commercial, LLC v. City of Whitefish" on Justia Law

The Supreme Court affirmed the judgment of the district court enforcing a settlement agreement between Duane Bender and Rebecca Estates, LLC (collectively, Bender) and Stacey Rosman providing for Bender's purchase of Rosman's property near Shepherd, holding that the district court did not err.Bender filed suit against Rosman alleging trespass and tortious interference with contract and seeking to quiet title. Prior to trial, the parties reached a settlement agreement providing for the purchase of Rosman's property by Bender. The district court issued an order enforcing the settlement agreement for the price of $202,000. Bender appealed. The Supreme Court affirmed, holding that the district court did not err by concluding that Rosman was entitled to specific performance of the settlement agreement. View "Bender v. Rosman" on Justia Law