Montana Homes LLC v. BNSF Railway Co.

MEMORANDUM **

Montana Homes, LLC (“Montana Homes”) sued Burlington Northern Santa Fe Railway Company (“BNSF”) for cleanup costs for contamination leaked from the Livingston maintenance shop complex into surrounding properties. 1 On July 22, 2004, the attorney for Montana Homes sent a letter to BNSF stating “we have an agreement in principle to settle this case for $512,500 payment by your client and conveyance of the subject property by my client.” The parties circulated a settlement agreement calling for settlement of claims for $152,500, and conveyance of Montana Homes’ property for $360,000. The parties notified the district court several times that this case was settled and the parties would file a stipulated dismissal with the court. After several delays in finalizing the settlement agreement, the manager of Montana Homes decided he wanted more money. On BNSF’s motion to enforce the settlement agreement the district court granted the motion in part, enforcing the release of claims portion but refusing to enforce the conveyance of Montana Homes’ property on Statute of Frauds grounds. We affirm.

This court reviews a district court’s decision regarding the enforceability of a…