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Belanus v. Potter

Belanus v. Potter, 2017 MT 95 (April 26, 2017) (Wheat, J.) (5-0, aff’d)

Issue: (1) Whether the district court correctly concluded that Belanus’s claim is barred by the statute of limitations; (2) whether the district court correctly concluded that Belanus’s claim is barred by res judicata; and (3) whether the district court abused its discretion in finding Belanus to be a vexatious litigant and issuing a pre-filing order against him.

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

Affirmed

Facts: Belanus was convicted in June 2009 of aggravated kidnapping and sexual intercourse without consent of his then-girlfriend, TC. A key piece of evidence was a taped telephone conversation that occurred a few months before the assault in which a drunken Belanus threatened TC with death and bodily injury.…

Jonas v. Jonas

Jonas v. Jonas, 2013 MT 202 (July 23, 2013) (5-0) (Wheat, J.)

Issue: (1) Whether the district court erred by denying Edwin’s motion to set aside the charging order and the appointment of the receiver; and (2) whether Linda is entitled to fees and costs under M.R. App. P. 19(5).

Short Answer: (1) No, and (2) yes.

Affirmed & remanded for attorneys’ fees and costs

Motta v. Granite County Commissioners

Motta v. Granite County Commissioners, 2013 MT 172 (July 2, 2013) (5-0) (Baker, J.)

Issue: (1) Whether Granite County properly enacted the 2011 Georgetown Lake zoning; (2) whether the district court properly determined that Motta was a vexatious litigant; and (3) whether the district court properly awarded attorneys’ fees to the commissioners.

Short Answer: (1) Yes; (2) yes; and (3) yes, except for the fees expended to prove the reasonableness of the fees.

Affirmed in part and reversed in part