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Real Estate Law
Red Sea Gaming, Inc. Block Investments

This appeal arises from a dispute between limited partners over the sale of a partnership interest in a Las Vegas hotel and casino. Red Sea Gaming Inc. and Red Sea Nevada, Inc. (“Red Sea”) complain of an insufficient damage award. Block Investments (Nevada) Company, Block 1991 Investment Trust, and Michael A. Block (“Block”) raise a cross-point challenging the denial of their motion for j... More...   $0 (01-31-2010 - )

C. Allen Foster v. Wintergreen Real Estates Company

Allen Foster (“A. Foster”), Susan Foster (“S. Foster”), and William Jones (“Jones”) (collectively, “Plaintiffs”) appeal the judgment of the United States District Court for the Western District of Virginia, which dismissed their Complaint against Wintergreen Real Estate Company (“WREC”), Richard Carroll (“Carroll”), Peter Farley (“Farley”), Timothy Hess (“Hess”), an... More...   $0 (01-29-2010 - )

Aztar Corporation v. U.S. Fire Insurance Company

¶1 We address in this opinion, among other issues, what the term “interruption of business, whether total or partial” means in this contract of insurance.

Facts and Procedural History

1. Tropicana Expansion Project

¶2 At all times relevant to this appeal, Appellant Aztar Corporation (“Aztar”), a Phoenix-based corporation, owned and operated the Tropicana Casino and R... More...
   $0 (01-28-2010 - AZ)

Prince George's County, Maryland v. Keith Longtin

We are asked in this appeal to determine whether Maryland’s expansive damage remedy for State constitutional violations is subject to key strictures of the statutorily-created Local Government Tort Claims Act (LGTCA), Md. Code (1973, 2006 Repl. Vol.), Courts and Judicial Proceedings Article (C&JP) §§ 5-301 et seq. This question arises in the context of allegations by appellee and cross-appella... More...   $0 (01-28-2010 - )

Massachusetts Museum of Contemporary Art Foundation Inc. v. Christopher Buchel

Geoff Edgers, Dismantled, The Boston Globe, Oct. 21, 2007, at 1N. Artist Christoph BĂĽchel conceived of an ambitious, football-field-sized art installation entitled "Training Ground for Democracy," which was to be exhibited at the Massachusetts Museum of Contemporary Art ("MASS MoCA," or "the Museum"). Unfortunately, the parties never memorialized the terms of their relationship or their understan... More...   $0 (01-28-2010 - MA)

Richard Shoalmire and Patricia Shoalmire v. U. S. Title of Harrison County

Before Richard and Patricia Shoalmire purchased a tract of Panola County land and what turned out to be a mobile home located on that land, the previous property owners, Thaddie Ray and Jimmie Lynn Pool Greer (the Greers), may have taken steps to have the mobile home recognized as part of the real property, rather than as personal property. Also before closing, the Shoalmires had visited the prop... More...   $0 (01-26-2010 - TX)

Royce Homes, L.P. v. Deborah F. Bates

Appellant, Royce Homes, L.P., appeals the order of the trial court confirming an arbitration award and final judgment in favor of appellees, a group of homeowners (“homeowners”). In three issues, Royce Homes argues that (1) the trial court abused its discretion by failing to appoint the arbitrator specified in the parties’ arbitration agreement; (2) the trial court erred in failing to vacate... More...   $0 (01-22-2010 - )

Associated Insurance Service, Inc. v. Daniel Garcia, M.D. and Rita Garcia

In this case, we are asked to consider two issues of first impression in Kentucky: whether professional negligence claims against an insurance agent and an insurance broker are assignable ; and, if so, whether such assignment, when coupled with a settlement agreement as to damages and a covenant not to execute, is illusory or void as against public policy.

The Star of Louisville ("the Star"... More...
   $0 (01-21-2010 - KY)

Life Forms, Inc. v. The Woodlands Operating Company, L.P. and The Woodlands Land Development Company, L.P.

In this appeal, we must determine whether the defendants conclusively established their limitations defense. The appellant contends the trial court erred: (1) in entering summary judgment in the face of unrefuted evidence of fraudulent concealment; (2) in determining that the appellant's fraud claims accrued more than four years before the suit was filed; and (3) in failing to grant a continuance ... More...   $0 (01-14-2010 - TX)

Cash Rent-A-Car, Inc. v. Old American County Mutual Fire Insurance Company, and Affirmative Insurance Services, Inc.

Appellant, Cash Rent-A-Car (“RAC”), challenges the trial court’s rendition of summary judgment in favor of appellees, Old American County Mutual Insurance Company (“Old American”) and Affirmative Insurance Services, Inc. (“Affirmative”), in RAC’s suit against appellees for conversion, trespass, fraud, negligent misrepresentation, breach of contract and bailment agreement, and viola... More...   $0 (01-14-2010 - TX)

BCD, L.L.C. v. BMW Manufacturing Company, L.L.C.

Clifford Rosen, a developer serving as the principal behind the entities of BCD LLC, Rosen Campus I LLC, CR-MERC LLC, and Rosen-WT Management LLC, appeals from the grant of summary judgment against him on his claims of tortious interference with contract, intentional interference with prospective contractual relations, and civil conspiracy. The district court disposed of the case on alternative gr... More...   $0 (01-14-2010 - SC)

Lisa A. Farkas v. Sandor Farkas

The defendant, Sandor Farkas, appeals from a dissolution of marriage judgment rendered by the trial court. On appeal, the defendant claims that the court made incorrect factual determinations that the plantiff, Lisa A. Farkas, was unable to work and that the status of his physical ailments remain unresolved. The defendant also claims that the court’s property allocation and financial awards were... More...   $0 (01-12-2010 - CT)

James L. Horob v. Farm Credit Services of North Dakota

[¶1] James L. Horob appeals from a summary judgment dismissing his action against Farm Credit Services of North Dakota ACA ("FCS"). We conclude the district court did not err granting summary judgment dismissal and did not abuse its discretion denying Horob's request for additional discovery. We affirm the judgment and impose sanctions on FCS for violating N.D.R.App.P. 30.


[¶2] J... More...
   $0 (01-12-2010 - nd)

Frank Nardo v. City of Philadelphia

Appellant, Frank Nardo (Nardo) sued the City of Philadelphia, (City) for back injuries he sustained while working at a City owned golf course, while he was digging in a flower bed. At the time of Nardo’s injury, Nardo was employed by the then current management company which operated and maintained the various golf courses owned by the City. Nardo filed suit for damages for personal injuries in ... More...   $0 (01-08-2010 - PA)

Elder Construction Company v. Ivey Lane, L.L.C.

This case concerns the grant of specific performance to a vendor of land. The Washington County Circuit Court directed Elder Construction Company to specifically perform a contract between it and Ivey Lane, LLC, by purchasing three lots for a total price of $247,300 within sixty days. Elder appeals that decision and contends that the trial court erred in ordering specific performance for three rea... More...   $0 (01-08-2010 - AR)

Edward A. Green v. Wilderness Ridge, L.L.C.

This case presents the court with a little utilized area of the law—private condemnation. The plaintiffs seek further review of a district court order granting the defendant’s action for private condemnation and selecting the defendant’s proposed route of condemnation. While not disputing the need for private condemnation, the plaintiffs challenge the selection of the route, asserting that t... More...   $0 (01-08-2010 - IA)

Dawn Georgette Myers v. Central Florida Investments, Inc., David Siegel, et al.

Defendants Central Florida Investments, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., CFI Sales and Marketing, Ltd., and David Siegel appeal and plaintiff Dawn Georgette Myers cross-appeals the judgment of the district court, after a jury trial, in favor of Myers in the amount of $610,469.84. Myers recovered $103,622.09 in compensatory damages and $506,847.75 in punitive damages arising fr... More...   $0 (01-06-2010 - FL)

James Berglind v. Paintball Business Association

The sole issue in this case is whether an 11-month delay in notice of an occurrence is reasonable notice to an insurance company under the provisions of its policy.


Procedural History

Plaintiff’s minor son, age 11, sustained an injury at a paintball facility operated by Adrenaline Games, Inc., an Illinois corporation (Adrenaline). On November 3, 2003, plaintiff fi... More...
   $0 (01-06-2010 - IL)

JIL Group, Inc. v. New Outlook, L.L.P.

¶1 New Outlook, LLP (New Outlook), appeals from a grant of partial summary judgment, an order of judgment following a bench trial, and an award of attorney fees in the Eleventh Judicial District Court. We affirm.


¶2 In 2004, New Outlook was the owner and developer of a five-lot residential subdivision near Kalispell, Montana, known as Cheery Lynn S... More...
   $0 (01-05-2010 - MT)

Donald L. Junkin III v. Golden West Foreclosure Service, Inc.

In this appeal we consider whether the joint venture exception to the usury laws was properly applied by the trial court.

Appellant Donald L. Junkin III filed a complaint against respondents Golden West Foreclosure Service, Inc., and Gary Bennett, a fellow investor and acknowledged business parter, to enjoin the threatened foreclosure of an office building in San Carlos under an allegedly... More...
   $0 (01-05-2010 - CA)

Lynn Kay McCullough v. Nadine Doss

The Missouri Highway Department constructed Missouri State Highway 39 ("Highway 39") between 1954 and 1955, following a public road that ran between two properties owned by Nadine Doss and Howard Allen ("Appellants") and Lynn Kay and Shirley Ann McCullough ("Respondents"). The new highway left the route of the existing public road near the north end of the two properties and made an eastward curve... More...   $0 (12-30-2009 - MO)

Lawrence W. Ferguson v. Alice M. Strutton

Alice M. Strutton ("Client") appeals a judgment entered against her in favor of Lawrence W. Ferguson ("Attorney") on his Petition to Enforce Attorney's Lien brought pursuant to section 484.130.1 Attorney's suit was based on a written contingency fee agreement executed by Client. Client claims the trial court erred by 1) striking her pleadings for failure to comply with the court's order that she p... More...   $135804 (12-30-2009 - MO)

Linda Piehl v. City of Philadelphia

We granted allowance of appeal in this case to determine whether the Commonwealth Court erred by reversing the trial court and concluding that it should have permitted the Appellees, Linda and William Piehl (hereinafter “Piehls”), plaintiffs below, to amend the caption to their complaint alleging negligence against the City of Philadelphia and the Commonwealth of Pennsylvania after the statute... More...   $0 (12-28-2009 - PA)

Judy Lawrence v. Desiree Alexis Stafford

This appeal is a continuation of a long-running family dispute over title to land in Dallam County. Appellant Judy Lawrence, (1) appearing pro se, challenges the trial court's decree partitioning real property between Lawrence and her niece, appellee Desiree Alexis Stafford Hughes. (2) Finding Lawrence's issues without merit, we affirm the judgment of the trial court. Finding further that the appe... More...   $0 (12-26-2009 - )

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)

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