The Watsons brought actions for ejectment, trespass, quiet title and the establishment of an easement by prescription against the Menses regarding parcels of farmland. The trial court found in favor of the Watsons. The trial court’s judgement as to ejectment damages is reversed. The trial court is required to enter a more definite legal description of the new borderline between the party’s par... More...   $0 (11-17-2009 - MO)

David Nielsen and his wife Tricia brought this action against Guy Gibson, in his capacity as executor of the estate of Bettyan Gayl Bender (Gayl), and her heirs to quiet title to property adjacent to the Nielsen home (the property, or the subject property). Following an unreported court trial, the court found the Nielsens had established they had acquired the subject property through adverse posse... More...   $0 (10-13-2009 - CA)

[¶1] David K. Stone and Nicholas B. Loundagin assigned their operating rights under a state oil and gas lease to Devon Energy Production Company, L.P. (Devon) and Carpenter & Sons, Inc. (Carpenter). When Devon and Carpenter did not offer to reassign the operating rights to them six months before the lease expiration date, Mr. Stone and Mr. Loundagin filed an action against them for breach of cont... More...   $0 (10-01-2009 - WY)

Affirmed on appeal; on cross-appeal, reversed and remanded for modification of judgment so as to permit PacifiCorp's upgrade of electrical transmission lines and to permit vehicular access to easement over plaintiffs' driveway in event of an emergency, with proviso that PacifiCorp shall pay costs to repair any damage caused by its vehicles.

ORTEGA, J.

This is a dispute over electrica... More...   $0 (09-09-2009 - OR)

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’... More...   $0 (08-20-2009 - PA)

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’... More...   $0 (05-29-2009 - PA)

Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defend... More...   $0 (04-24-2009 - OK)

Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defen... More...   $0 (04-24-2009 - )

Plaintiff-Appellant, Newton Tractor Sales, Inc. (Newton), brought suit against defendants, Kubota Tractor Corporation and Michael Jacobson, a local Kubota representative (collectively, Kubota) on counts of promissory estoppel, common law fraud, and negligent misrepresentation. The circuit court of Fayette County granted summary judgment in favor of Kubota on all three counts. The appellate court a... More...   $0 (04-02-2009 - IL)

Preston W. Kitt and other heirs of Henry Kitt (collectively “Kittâ€�) appeal from an adverse judgment in an ejectment action instituted against Howard K. Crosby. Kitt first asserts that the trial court should have ruled, as a matter of law, that Kitt owned the disputed property based on a 1944 deed of conveyance and should not have submitted the issue to the jury. Kitt also assigns error to two ... More...   $0 (02-27-2009 - VA)

This case requires the court to decide whether federal law preempts an order of the Arkansas State Highway Commission (Commission) forcing Burlington Northern Sante Fe Railway Company (BNSF) to reopen a private “at-gradeâ€� railroad crossing.1 We hold that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts the Commission’s jurisdiction in this instance; therefore, we v... More...   $0 (01-30-2009 - AR)

Peg Zaremba appeals the trial court‟s dismissal with prejudice of her claim against Jessica Nevarez and John Nevarez for rent and damages. Zaremba raises two issues, which we consolidate and restate as whether the trial court abused its discretion by denying Zaremba‟s motion to correct error concerning the trial court‟s dismissal with prejudice of Zaremba‟s complaint. We reverse and remand... More...   $0 (12-30-2008 - IN)

Robert and Carolyn Mense appeal the judgment of the trial court in favor of Charles and Carolyn Watson in their action to quiet title. The Menses present nine points on appeal. Their arguments include claims that the trial court erred in (1) finding that the Watsons had adversely possessed the disputed area; (2) awarding damages for trespass and ejectment to the Watsons; (3) declaring the width of... More...   $0 (12-16-2008 - MO)

Plaintiffs and Defendants are adjoining property owners in Butler County. Plaintiffs are the record title owners of the following described premises (hereinafter, "the Harris Tract"):

All of that part of the Southwest Quarter of the Southeast Quarter of Section 5, Township 24 North, Range 6 East, described as follows: Beginning at a point 542 feet and 8 inches north of the Southwest corner ... More...   $0 (12-16-2008 - MO)

This lawsuit arises from a dispute between Don C. Wang, appellee, and Sean Shahparast, the sole member of Royal Investment Group, LLC, (collectively, “Royalâ€�), appellants, over their negotiations for Royal to purchase from Mr. Wang a house and real property located at 5281 Goldsboro Road in Montgomery County (“the Propertyâ€�). Negotiations broke down, and the parties did not proceed to sett... More...   $0 (12-04-2008 - MD)

This is a dispute between neighbors over the ownership of a shed located in an alley formerly owned by the City of Milton-Freewater. Plaintiff contends that the shed encroaches on his property. As a result, he brought a claim for ejectment, asking the court to order the removal of the shed. Defendant Shelton contends that, because she and her predecessors have used the shed for many years, she ... More...   $0 (12-03-2008 - OR)

We hold that, at least in the absence of unusual facts, a foreign national who is in the United States on a tourist visa cannot meet the "primary residence" requirement of New York City's rent regulations.

Defendant's landlord brought this ejectment action to remove her from a rent stabilized apartment in Manhattan. The landlord alleged that "the Premises are not occupied . . . as the Tenan... More...   $0 (10-23-2008 - NY)

¶1 This cause concerns a dispute over title to a home owned since March 12, 1981, by the appellant, Dolla Garcia, also known as Dolla Moore (landowner). The appellee, Ted Parks, Inc. (Parks) asserts an interest in the property by virtue of his Certificate of Tax Deed. The legitimacy of Park's interest in the property is contingent on: 1) whether the Oklahoma County Treasurer's October 6, 2003, ta... More...   $0 (10-07-2008 - OK)

¶ 1 Kmart of Pennsylvania, L.P. (“Kmartâ€�) appeals from the orders entered in the Court of Common Pleas of Delaware County on November 6, 2006 and December 5, 2006, which granted summary judgment in favor of MD Mall Associates, LLC, trading as MacDade Mall Associates, L.P. (“MacDadeâ€�), on both Kmart’s Complaint for Declaratory Relief and MacDade’s Complaint and Counterclaim for Ejectme... More...   $0 (09-17-2008 - PA)

1 In this case, a landlord, IHC Health Services, Inc. ("IHC"), seeks to eject its tenant, D & K Management ("D & K"), for breach of its lease (the "Lease") because of a late rental payment. The district court granted summary judgment in favor of IHC and awarded attorney fees to IHC pursuant to a provision in the Lease. D & K appeals, asserting that the district court erred when it (1) held t... More...   $0 (06-20-2008 - UT)

This title dispute concerns property originally owned by Frankie Lord O’Kelley, who died on April 4, 1998. Plaintiff, Chiquita Holland, is Ms. O’Kelley’s daughter; defendants, Thomas Lord, Jr., and Thomas Lord III, are Ms. O’Kelley’s son and grandson. Plaintiff claims title to the property under a deed dated June 28, 1995 and filed April 3, 1998 – the afternoon before Ms. O’Kelley di... More...   $0 (01-08-2008 - GA)

This title dispute concerns property originally owned by Frankie Lord O'Kelley, who died on April 4, 1998. Plaintiff, Chiquita Holland, is Ms. O'Kelley's daughter; defendants, Thomas Lord, Jr., and Thomas Lord, III, are Ms. O'Kelley's son and grandson. Plaintiff claims title to the property under a deed dated June 28, 1995 and filed April 3, 1998 – the afternoon before Ms. O'Kelley died.... More...   $0 (01-08-2008 - GA)

Weyerhaeuser is the record owner of 300 acres known as Sherrill Farm in McCurtain County, Oklahoma. This appeal arises from Weyerhaeuser's suit to remove Carl Brantley and his livestock from Sherrill Farm. As an affirmative defense to Weyerhaeuser's suit, Brantley sought ownership of Sherrill Farm through adverse possession or, in the alternative, a prescriptive grazing easement on the e... More...   $0 (12-31-2007 - OK)

This appeal arises out of a contract between the City of San Antonio and Polanco & Company, L.L.C., by which Polanco agreed to provide food concession services at several City-owned golf courses. After a dispute arose regarding the City's termination of the contract, Polanco sued the City. The City claimed immunity from suit and filed a plea to the jurisdiction seeking dismissal of Polanco's s... More...   $0 (11-05-2007 - TX)

This case arises out of a June 1999 lease of commercial property in Charlotte, North Carolina, between Plaintiff and its lessee, Defendant West's Charlotte Transfer & Storage, Inc. ("WCT"). On 15 August 2001, Plaintiff filed a complaint in Mecklenburg County small claims court seeking summary ejectment against David D. Rushing ("Rushing") and John Clayton ("Clayton"), allegedly doing business... More...   $0 (08-24-2007 - NC)