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WLW Realty Partners v. Continental Partners

WLW Realty Partners, LLC v. Continental Partners VIII, LLC, 2015 MT 312 (Nov. 3, 2015) (Cotter, J.) (5-0, rev’d)

Issue: (1) Whether Continental preserved its argument about the legal requirements of negligent misrepresentation by raising it in a reply brief supporting a motion in limine; (2) whether the district court erred by imposing liability on Continental for negligent misrepresentation; and (3) whether the district court erred by finding Continental violated the Montana Consumer Protection Act.

Short Answer: (1) Yes; (2) yes; and (3) yes.

Reversed and remanded for entry of judgment for Continental

Facts: Continental bought a lot with two building parcels from Yellowstone Development in 2004. In the buy-sell, the parties agreed that Yellowstone Development would provide the lots with ski-in and ski-out access.…

Puskas v. Pine Hills

Puskas v. Pine Hills, 2013 MT 223 (Aug. 13, 2013) (5-0) (Morris, J.)

Issue: (1) Whether substantial credible evidence supports the district court’s determination that Pine Hills held open an offer for Puskas to transfer units from June 2009 until Puskas quit in 2010; (2) whether the district court correctly determined that Pine Hills reasonably and promptly offered a solution to end AH’s harassment of Puskas; and (3) whether the district court correctly dismissed Puskas’ retaliation claim.

Short Answer: (1) Yes; (2) yes; and (3) yes.

Affirmed…