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Ejectment Law
 
Odette Rogers v. Bob Bailey

¶1 The issues before us are whether the Baileys timely asserted a claim of title to the property when a forcible entry and detainer action was filed seeking to oust them from the property, and whether the trial court should have transferred the action from the Small Claims Docket. We conclude that the matter should have been tried as one in ejectment and that the trial court should have transferr... More...   $0 (07-29-2011 - OK)

Daniel E. Burg v. Marsha C. Dampier

The case involves a dispute over the use of a non-exclusive roadway and utility easement. Daniel Burg ("Mr. Burg") and Kris Burg ("Mrs. Burg") (collectively the "Burgs") own a tract of residential property benefitted by the easement. The easement runs across a tract of property owned by Marsha Dampier ("Dampier"), but occupied by Sabrina Graham ("Graham") (collectively the "Appellants") pursuant t... More...   $0 (07-26-2011 - MO)

Ronald H. Semler v. General Electric Capital Corporation

This appeal raises the question of whether a commercial lending institution, which is also an equity investor in a borrower‘s venture, violated the Unruh Civil Rights Act (Act) (Civ. Code, § 51) by declining to make a loan to a limited liability company because its managing member included a felon who had conspired to falsify customs documents and sell munitions to Syria.

We conclude tha... More...
   $0 (06-29-2011 - CA)

Janet Fitts v. William Case

Plaintiffs, Janet Fitts and her brother, Robert Harris, appeal from a judgment declaring that defendant is the owner, based on adverse possession, of a 2.5-acre strip of land located in Linn County. On appeal, plaintiffs' assignments of error primarily challenge the sufficiency of defendant's evidence that his use of the disputed property was "hostile." On de novo review, ORS 19.415(3) (2007),(1) ... More...   $0 (06-15-2011 - OR)

Margaret See Kaufman v. Robin Goldman

In this action to enforce the terms of a settlement agreement entered into following a landlord-tenant dispute, defendant tenant Robin Goldman appeals the trial court‟s order granting plaintiff landlord Margaret Sue Kaufman‟s motion for summary adjudication, and its judgment awarding possession of the apartment to plaintiff. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Th... More...
   $0 (05-18-2011 - CA)

Falls Mill of Vernon Condominium Association, Inc. v. John R. Subsbury, et al.

The defendant mortgage lender, Beneficial Mortgage Co. of Connecticut, appeals from the judgment of the trial court denying its motion to open a judgment of strict foreclosure.1 The defendant contends that the court improperly concluded that it lacked authority to open that judgment.2 We disagree and, accordingly, affirm the judgment of the trial court.

In its memorandum of decision, the co... More...
   $0 (04-21-2011 - CT)

George Kelley v. Warren Yadon

This is an appeal from a judgment holding that the Plaintiffs are beneficiaries of a resulting trust in land titled in the names of the Defendants. We affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

In the late 1990’s, George and Joann Kelley wanted to purchase a 670-acre farm, but they had neither the cash nor the credit to do so. They persuaded a friend to purchase the farm,... More...
   $0 (02-02-2011 - ID)

Belva Ann Hahno-Lopez v. Jeff Houser

Plaintiffs-Appellants filed this action claiming unlawful use of their real property and seeking declaratory judgment, injunctive relief, ejectment, and damages. They appeal from the district court’s grant of summary judgment in favor of Defendants-Appellees, members of the Business Committee of the Fort Sill Apache Tribe of Oklahoma and the Manager of the Fort Sill Casino. The district court ha... More...   $0 (11-09-2010 - OK)

James E. Bellis v. Ronny L. Kersey

[¶1] The district court consolidated two civil actions involving ownership disputes among neighboring landowners in Platte County, Wyoming. After a bench trial, the district court concluded that the appellants had not proven ownership of the disputed land through adverse possession, ordered their ejectment from a portion thereof, to which portion title was also quieted in the record owners, and o... More...   $0 (10-26-2010 - WY)

Northwest Pipeline Corporation v. Jose Luna

Northwest Pipeline Corporation (Northwest) holds an easement across the properties of Jose and Rosanna Luna, and Steven and Elizabeth Church (collectively, Appellants). The grant of easement was indefinite as to width. Northwest filed suit to obtain a determination of the width of its easement, to quiet its title to the defined easement, to obtain removal from the right-of-way of any encroachments... More...   $0 (09-07-2010 - ID)

Warren and Betty Beaver v. Michael and karen Brumlow

{1} This case is about a verbal agreement made by Warren and Betty Beaver (Sellers) to sell land for a home site to Michael and Karen Brumlow (Buyers). Sellers reneged on the agreement after Mr. Brumlow left Sellers’ employment and started working for a competitor. The trial court ordered specific performance of the oral agreement, and Sellers appeal. Sellers acknowledge that the evidence was su... More...   $0 (03-04-2010 - NM)

Karen Reynolds v. Bobby Brill and Judy Brill

Karen Reynolds ("Appellant") appeals from a judgment of the Circuit Court of Douglas County denying her claims for quiet title and ejectment, an injunction, and property damage, and finding that she had not adversely possessed a three-acre parcel against Bobby and Judy Brill ("Respondents") for the requisite prescriptive period.

Appellant alleges that the trial court erred in finding that... More...
   $0 (01-20-2010 - MO)

Borough of Ulysses v. Barry J. Mesler

Barry J. Mesler (Mesler) appeals the May 13, 2009 order of the Court of Common Pleas of Potter County (trial court) ejecting him from a tract of real property (the tract) in favor of the Borough of Ulysses (Borough), formerly known as the Borough of Lewisville.1 The issue before us is whether the trial court erred in ejecting Mesler from the tract in favor of the Borough. Mesler argues on appeal t... More...   $0 (12-18-2009 - PA)

Charles Robertson Watson v. Robert K. Mense

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, et al. v. Guy Givson

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)

David K. Stone v. Devon Energy Production Company, L.P.

[¶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)

Betty Lou Zirkle Carpenter v. Shirley Blaniar Luke

The defendant below and appellant herein, Shirley Blaniar Luke (hereinafter referred to as “Ms. Luke”), appeals from an order entered December 18, 2007, by the Circuit Court of Harrison County. By that order, the circuit court denied Ms. Luke's motion to alter or amend judgment and motion for a new trial. In the underlying case, the circuit court entered judgment as a matter of law in favor of... More...   $0 (09-24-2009 - WV)

James Cliff Motes v. Pacificorp

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 v. Restoration Development Corproation

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 Condominiums Owners Association v. Restoration Development Corporation, et al.

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 Sable II v. Stewart E. Myers, Jr., et al.

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 SABLE II, v. STEWART E. MYERS, JR., R GREGG RAWLS, JOHN A. LIPPERT; KATHY WALBERT WALKER, and CITY OF NICHOLS HILLS

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 - )

Newton Tractor Sales, Inc. v. Kubota Tractor Corporation, et al.

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, et al. v. Howard Keith Crosby, et al.

Preston W. Kitt and other heirs of Henry Kitt (collectively “Kitt”) 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)

Roger and Ruth Anderson d/b/a Anderson Auto Salvage v. BNSF Railway Company

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-grade” 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)

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