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Low v. Reick

Low v. Reick, 2016 MT 167 (July 12, 2016) (Cotter, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in holding that Reicks’ lot is encumbered by a single easement, the existing road, measured 10 feet from each side of the road’s centerline; (2) whether the district court erred by holding Low lacked authority to sign an application for a permit to improve Reicks’ lakeshore property; (3) whether the district court erred by concluding the maintenance agreement is unenforceable against Reicks for lack of consideration; (4) whether the district court erred in holding that Reicks did not breach the maintenance agreement; (5) whether the district court erred by concluding Low breached the road detour agreement, and awarding damages to Reicks; (6) whether the district court erred by concluding Reicks did not convert Low’s fill material; and (7) whether the district court erred in ordering Low to pay Reicks’ attorney’s fees and costs arising from their counterclaim.…

TAGS Realty, LLC v. Runkle

TAGS Realty, LLC v. Runkle, 2015 MT 166 (June 23, 2015) (Wheat, J.) (5-0, rev’d)

Issue: Whether the district court erred in granting summary judgment to Runkle on TAGS’s trespass and conversion claims.

Short Answer: Yes.

Reversed and remanded

Facts: Runkle and TAGS are the locators of several adjacent and overlapping mining claims in Broadwater County. Runkle purchased a patented lode claim, Black Friday, in 2009. TAGS located an unpatented lode claim next to Black Friday in 2010. In 2011, Runkle bought an unpatented placer claim that overlapped both TAGS’s claim and Black Friday. This case involves a pile of mining waste located on both Runkle’s and TAGS’s claims, which overlapped the common border of TAGS’s claim and the Black Friday claim, and was entirely within Runkle’s placer claim.…

Allstate Insurance Co. v. Posnien, Inc.

Allstate Insurance Co. v. Posnien, Inc., 2015 MT 162 (June 16, 2015) (Rice, J.) (7-0, rev’d)

Issue: Whether the district court erred in determining that Posnien retained no security interest in the Allstate book of business sold to Baird 7 pursuant to the terms of Allstate’s contract documents.

Short Answer: Yes.

Reversed and remanded

Facts: Fay Posnien was an exclusive agent for Allstate. In 2006, Fay decided to sell the agency and retire. Allstate placed an ad on its website listing the agency for sale, and Mary Baird, incorporated at Baird 7, offered to buy the agency from Posnien for $450,000.

Posnien was required to obtain Allstate’s approval of Baird 7 as the buyer. Allstate’s Montana field manager met with Baird, shared the agency’s revenue and expense history, reviewed her business plan, tax returns and other financial documents, and conducted personal interviews with her.…

Feller v. First Interstate Bancsystem

Feller v. First Interstate Bancsystem, 2013 MT 90 (April 9, 2013) (5-0) (Cotter, J.)

Issue: (1) Whether the district court erred in granting summary judgment to the bank on the basis of preemption by the Fair Credit Reporting Act; (2) whether the district court erred in granting the bank summary judgment on Feller’s conversion claim; and (3) whether the district court erred in dismissing Fellers’ emotional distress claims.

Short Answer: (1) No; (2) no; and (3) no.

Affirmed