Mt. Emmons Mining Co. v. Town of Crested Butte

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• remanding to develop facts necessary to determine whether town’s watershed district permit ordinance was preempted or otherwise invalid
• noting the findings made in connection with a request for a preliminary injunction are not conclusive on the ultimate merits of the controversy
• court may notice errors appearing of record when errors are of a fundamental nature affecting the judgment itself
• “A mixed question of law and fact involves the application of a legal standard to a particular set of evidentiary facts in resolving a legal issue.”
• Summary judgment is reserved \only\ for cases \where there is no dispute as to material facts and thus no role for the fact finder to play\ at a trial.
• summary judgment is reserved \ only \ for cases \where there is no dispute as to material facts and thus no role for the fact finder to play\ at a trial

Source: CourtListener parenthetical corpus (CC0).