| Landlord and Tenant Law |
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Olympus Properties, LLC v. John Plotzker
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After Jason Plotzker breached one lease, Olympus Properties, LLC, repudiated a subsequent lease. Plotzker commenced an emergency possessory action in small claims court, and the court awarded Plotzker possession of the apartment and attorney fees. Because Plotzker was not a tenant as defined by statute, we reverse and remand.
FACTS AND PROCEDURAL HISTORY1
Plotzker is a student at I... More... $0 (06-13-2008 - IN)
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Century Partners, LP v. Lesser Goldsmith Enterprises, Ltd., et al.
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1. This case arises from a dispute over obligations under a lease between landlord, Century Partners, and tenant, Lesser Goldsmith Enterprises. Landlord brought an eviction action against tenant, alleging that tenant defaulted on the lease by constructing improvements to its store without the necessary municipal permit. Tenant counterclaimed for lost profits it suffered due to a four-year dela... More... $0 (04-11-2008 - VT)
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Isaac Pendergrsss v. Marianne Fagan
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At issue in this action for forcible entry and detainer (FED) is whether Oregon law recognizes a claim for "retaliatory eviction" when a landlord simply declines to renew a lease that has expired by its own terms. The trial court concluded that no such claim exists and granted judgment on the pleadings in favor of plaintiffs, the landlords. Defendant, the former tenant, contends that the trial cou... More... $0 (03-19-2008 - OR)
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VG Marina Management Corporation v. Frank Wiener
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Defendant, Frank Wiener, appeals from the trial court's orders granting summary judgment
to plaintiff, VG Marina Management Corporation, on its complaint for rent and awarding plaintiff
attorney fees incurred in bringing the complaint. On appeal, defendant contends that (1) the award
of attorney fees violates section 5--12--140(f) of Chicago's Residential Landlord and Tenant
Ordinance (the RLT... More... $0 (01-25-2008 - IL)
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Hydro Resources Corporation v. Harris Gray and William J. Frost
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{1} This appeal involves a dispute over ownership of water rights developed by a mining lessee in connection with certain mining claims owned by the lessor. The district court granted summary judgment in favor of the lessor's successor in interest, quieting title in that party to the disputed water rights, and the Court of Appeals affirmed. We granted certiorari to clarify that under mos... More... $0 (11-09-2007 - NM)
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Bills Signs Trucking, LLC, et al. v. Signs Family Limited Partnership, et al.
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We hold in this case that a tenant's preemptive purchase rights under a commercial
lease are not triggered by the conveyance of an interest in the property between
copartners in a family limited partnership that owns the property and is the landlord. We
affirm the judgment for the defendants.
FACTUAL AND PROCEDURAL BACKGROUND
William Signs, Jr., owned Bill Signs Trucking, Inc.,... More... $0 (12-19-2007 - CA)
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Kim Small, et al. v. Durango Partners, LLC, et al.
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[1] Kim Small and James Cunningham, d/b/a Phantom Kitty Komix,
appeal from a summary judgment entered against them in the Superior Court
(Cumberland County, Crowley, J.) on their complaint, alleging negligence with
respect to the loss of their business property located in premises leased from
Durango Partners, LLC and Turner Barker Realty, Inc. Small and Cunningham
contend that the court e... More... $0 (08-22-2007 - ME)
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Kathleen Benham v. Morton & Furbish Agency, et al.
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[1] Kathleen Benham appeals from a summary judgment entered in the
Superior Court (Franklin County, Jabar, J.) in favor of Morton & Furbish Agency
and Aline and Rheal Caron on Benham's complaint for negligence and breach of
warranty of habitability. Benham contends that the court erred when it determined
that a landlord and tenant relationship existed in regard to the rented cottage where
... More... $0 (07-11-2007 - ME)
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Jo Dee Kaspar-Wells, Individually and as Trustee of the Jody Aiello Trust
v. Jodie Mowdy
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At issue in this declaratory judgment action is whether a tenant breached a residential property lease. Appellant Jo Dee Kaspar-Wells, the landlord, contends that the trial court erred in denying her request for a declaration that appellee Jodie Mowdy (1) breached her lease by occupying the property with another person and by operating a business from the residence. We affirm in part and rever... More... $0 (03-16-2007 - TX)
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Warwick Housting Authority v. Barbara McLeod
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Barbara McLeod (defendant or McLeod) appeals from
a judgment of the Superior Court in favor of the Warwick Housing Authority (WHA or plaintiff)
evicting her from her apartment in Meadowbrook Terrace, a subsidized housing complex in
Warwick. The defendant contends that because WHA, after giving her notice of termination,
continued to accept rent without preserving its right to terminate the ... More... $0 (01-29-2007 - RI)
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Hilary Krawczyk and Elizabeth Krawczyk v. Tom Livaditis
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Plaintiffs Hilary and Elizabeth Krawczyk, and appellant Berton N. Ring, P.C., appeal an order of the circuit court of Cook County awarding plaintiffs $4,200 in damages for defendant Tom Livaditis's breach of a lease and violations of the Chicago Residential Landlord and Tenant Ordinance (Chicago Municipal Code §§ 5-12-080, 5-12-100 (amended November 6, 1991)) (RLTO), arguing that the trial cour... More... $4500 (06-22-2006 - IL)
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Tenet Healthsystem Surgical, L.L.C. v. Jefferson Parish Hospital Service District No.
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Tenet HealthSystem Surgical, L.L.C. appeals the judgment of the district court dismissing
its claims for breach of lease and other claims against the defendant Jefferson Parish Hospital
Service District No.1, operator of West Jefferson Medical Center. Based on our conclusion that
West Jefferson's denial of consent to Tenet's proposed assignment of the lease was unreasonable,
we reverse.
More... $0 (09-26-2005 - LA)
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Jeffrey A. Grimm, et al. v. Gail Huckabee, et al.
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Jeffrey A. Grimm and Theresa E. Grimm appeal a default final judgment of
eviction in favor of John R. Parker, Jr., and Misti G. Parker, and their predecessor in
title, Gail Huckabee, appellees. Appellants argue that the trial court erred in evicting
them from their dwelling pursuant to the summary proceedings of section 83.60(2),
2
Florida Statutes (2003), when appellants were occu... More... $0 (01-26-2005 - FL)
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Joel Andrews, et al. v. Mobile Aire Estates, et al.
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Plaintiffs and appellants Joel Andrews and Telma Maria Andrews appeal a
judgment following a grant of summary judgment in favor of defendants and respondents
Mobile Aire Estates (Mobile Aire), Sierra Management LLC (Sierra), and William
McGregor-Leyland (Leyland), Valerie Parker (Parker), Jose De Jesus (De Jesus),
Christian Tovar (Tovar), Christa De La Parra (De La Parra) and Janis Miller... More... $0 (01-04-2005 - CA)
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TA Realty Associates Fund V, L.P. v. NCNB 1500, Inc.
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TA Realty Associates Fund V, L.P. ("Landlord") appeals from a judgment entered by the Circuit Court of St. Louis County denying its claim for damages resulting from the breach of a lease by NCNB 1500, Inc. ("Tenant"). Landlord alleges that the trial court erred by ruling that its failure to fully comply with a subpoena duces tecum precluded judgment in its favor. Landlord also alleges that the cou... More... $55458 (09-21-2004 - MO)
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Edgar Bohlmann v. Chandra Bohlmann and Shane Strazdas
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Edgar Bohlmann filed a forcible entry and detainer action against Chandra Bohlmann and Shane Strazdas (collectively appellees), requesting restitution of real property Edgar had allegedly conditionally quitclaimed to Chandra and collateral relief. Appellees counterclaimed, asserting that Chandra owned the property. Following a summary hearing, the district court dismissed both claims. Edgar timely... More... $0 (09-14-2004 - NE)
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John Whitledge, et al. v. William Klein, et al.
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"[(1)] Do lease provisions of a tenant's residential lease--which provide in substance that the landlord shall not be responsible for property damage to the tenant's personal property in case of accident and that the tenant is to purchase and look solely to his own rental insurance for any such loss--require dismissal of such tenant's suit for property damage due to fire allegedly caused by the... More... $0 (05-19-2004 - IL)
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Reno Brown v. William B. Johnston, et al.
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Lessor filed suit seeking a declaratory judgment that lessees violated the lease,
termination of the lease, and ejection of lessees from the leased property. Lessees
counterclaimed alleging breach of good faith and fair dealing, breach of covenant of quiet
enjoyment, and breach of contract. After a trial, the district court declared lessees did not
materially breach the lease agreement, d... More... $0 (03-17-2004 - WY)
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In the Matter of: Bertha McGee
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Gloria Nelson and her
mother Linda Mitchell rented a single-family house in
Chicago from Bertha McGee. The lease called for a security
deposit of $2,500, which Nelson and Mitchell (collectively
"the tenants") paid in cash. McGee put the money in a
strongbox - a misstep, as an ordinance requires landlords to
invest security deposits in segregated, interest-bearing
accounts. When a dispute... More... $0 (12-23-2003 - IL)
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IVAN M. STERNIC v. HUNTER PROPERTIES, INC., and
RANDALL PAVLOCK
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Plaintiff Ivan M. Sternic appeals from the dismissal of his complaint seeking damages under the Chicago Residential Landlord and Tenant Ordinance (Ordinance) (Chicago Municipal Code §5-12-010 et seq. (amended November 6, 1991)) for retaliatory conduct by his former landlords, defendants Hunter Properties, Inc., and Randall Pavlock. The trial court found that plaintiff's complaint, alleging viol... More... $0 (12-15-2003 - IL)
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Danielle McKinney v. H.M.K.G. & C., Inc. d/b/a Club OX d/b/a XO Club.
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I. Factual and Procedural Background
This case involves a question of premises liability. At issue is a landlord's duty to a tenant's business invitee for injuries sustained on the leased premises. After respondent Danielle McKinney fell over a ledge inside of the XO Club in Kansas City, she brought an action against the club's owner and against the appellant, who owns the buildi... More... $0 (11-12-2003 - MO)
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Robert C. Samuel and Samuel & Company v. KTVU Partnership
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On appeal, Appellants argued that the trial court erred in submitting jury question two on damages because it was not based on the proper measure of damages. Question two asked the jury to determine, A[w]hat sum of money, if any, if paid now in cash, would fairly and reasonably compensate KFOX for its damages, if any, that resulted from Mr. Samuel=s failure to comply?[1] The jury was instruc... More... $0 (10-30-2003 - TX)
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Ryan Transportation, Inc. v. M and G Associates, et al.
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The plaintiff, Ryan Transportation, Inc.,
commenced this action against its commercial cotenant,
the defendant, Auto Lock Unlimited, Inc. (Auto
Lock), and its landlord, the named defendant, M and
G Associates (M & G),1 seeking damages for losses
sustained as a result of a fire, set by an unknown arsonist,
that destroyed a building that Auto Lock and the
plaintiff occupied. The plaintiff ... More... $0 (10-24-2003 - CT)
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Barlow Trail Mobile Home Park v. Richard Dunham
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Plaintiff appeals from a judgment awarding attorney fees to defendant in an action under the Oregon Residential Landlord and Tenant Act (RLTA). The issue is whether the trial court erred in designating defendant as the prevailing party under ORS 90.255 and awarding him attorney fees. After a trial in which it found for defendant on plaintiff's ejectment claim and for plaintiff on defendant's co... More... $0 (09-24-2003 - OR)
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12 Havemeyer Place Company, LLC v. Allan S. Gordon
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The plaintiff lessor, 12 Havemeyer Place
Company, LLC, appeals from the judgment of the trial
court rendered in favor of the defendant lessee, Allan
S. Gordon, in this summary process action in which the
plaintiff sought eviction of the defendant lessee on the
ground that their lease was illegal and, therefore, that
the tenancy was void or voidable.1 The basis for the
court's judgment wa... More... $0 (04-28-2003 - CT)
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