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Real Estate Law
 
Craig Taft and Sylvia Taft v. Donald S. Sherman and Elsa Sherman

Appellants, Craig Taft and Sylvia Taft (Taft), appeal the granting of two partial summary judgments and final judgment against them and in favor of appellees, Donald S. Sherman and Elsa Sherman (Sherman). We will affirm the judgment of the trial court.

Factual and Procedural Background

In 2005, Sherman was operating a dairy in California. That year, Sherman began invest... More...
   $0 (11-25-2009 - TX)

Charles Vaillancourt v. Richard Motta, et al.

A shared sewer pipe is the cause of this dispute between neighboring Newport property owners. The defendants, Daniel Greer, Sarah Greer, and Rebecca Bartlett f/k/a Rebecca Durand, appeal from a Superior Court summary judgment entered in favor of the plaintiff, Charles Vaillancourt. The judgment permanently restrained and enjoined the defendants from maintaining the sewer pipe across the plaintiffâ... More...   $0 (11-25-2009 - RI)

Appellants, Robert Puckett, James Julius Puckett, Jr., individually and d/b/a Puckett Ranch Properties, Merrill John Stokes, a/k/a Butch Stokes, and CBM Comfort, Inc., d/b/a Ranchbuyers Real Estate a/k/a Ranchbuyers.com ("Ranchbuyers"), challenge the trial court's judgment in favor of appellees, Quint Burris, individually and d/b/a QB Properties. (1) We affirm.

I. Background

Larkin T... More...
   $0 (11-24-2009 - TX)

Bernard Buecker, Administrator of the Estate of Christine Wesner Standifer v. Joseph C. Roell, et al.

By various sub-issues, appellant Bernard Buecker contends the trial court abused its discretion in imposing sanctions against him and in favor of appellee, Joseph C. Roell. Because we conclude the trial court abused its discretion in imposing the sanctions, we reverse the sanctions orders.

Background (1)

Buecker is an attorney, and Roell is a former physician. (2) On March 2, 2000, R... More...
   $0 (11-24-2009 - TX)

Richard E. Snyder v. Edgar M. Bronfman, Jr.

We hold that quantum meruit and unjust enrichment claims brought to recover the value of plaintiff's services in helping to achieve a corporate acquisition are barred by the statute of frauds contained in General Obligations Law § 5-701 (a) (10).

I

Because this case arises on a motion to dismiss the first amended complaint (complaint) under CPLR 3211, we take the facts alleged by pl... More...
   $0 (11-23-2009 - NY)

Carrie Patch v. Springfield School District

Plaintiff appeals from the superior court’s order allowing defendant Springfield School District to construct a parking lot on a portion of its land located adjacent to plaintiff’s property. Plaintiff argued below that restrictive covenants in the district’s chain of title limit use of the land to dwelling purposes and therefore preclude construction of the planned parking lot. The superio... More...   $0 (11-20-2009 - VT)

Adam Jennings v . Kenneth Jones

In the second appearance of this case here, the question is whether the trial court abused its discretion in granting a motion for a new trial, after a remand from this court instructing the trial court to address the motion. Jennings v. Jones (Jennings II), 499 F.3d 1 (1st Cir. 2007). There was no abuse of discretion and we affirm.

I.

Plaintiff Adam Jennings, an employe... More...
   $0 (11-19-2009 - RI)

Martin Kelley v. CB&I Constructors, Inc.

A jury found that defendant CB&I Constructors, Inc. (defendant) negligently sparked a brush fire that caused significant damage to a ranch (the property) owned by plaintiff Martin Kelly (plaintiff). Because plaintiff had a personal reason to restore the property, the jury awarded plaintiff substantially more in damages to restore the property than the property was worth immediately before the fire... More...   $0 (11-19-2009 - CA)

Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Property Owners Association, Inc.

Palm Beach Polo Holdings, Inc. timely appeals a final money judgment entered in favor of Equestrian Club Estates Property Owners Association, Inc. awarding attorney’s fees pursuant to a proposal for settlement. This

Court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).

Appellee, Equestrian Club Estates Property Owners Association, Inc. (Association) owns a private road which ... More...
   $0 (11-18-2009 - FL)

Robert Prehall v. Paul F. Weigel and Donald Whitaker

The parties organized a limited liability company (LLC), ORS 63.001(17), for the purpose of developing a residential subdivision. Plaintiff later brought this action against defendants for damages for breach of contract, breach of fiduciary duty, fraud, and an accounting. His claims arise out of defendants' alleged wrongful conduct in carrying out the terms of the operating agreements that gover... More...   $0 (11-18-2009 - OR)

CSR, Limited v. Andrea Taylor, et al.

This case requires us to determine whether the Circuit Court for Baltimore City would have been justified in exercising in personam jurisdiction over Petitioner, Colonial Sugar Refining Co., Ltd. (“CSR”), an Australian business entity, under the circumstances presented in this case. Andrea Taylor and Mary Fuchsluger (collectively, “Respondents”) are the personal representatives of the esta... More...   $0 (11-16-2009 - MD)

Damon D. Perry v. The Estate of Irene Carpenter

In this appeal, we consider whether a contract for the sale of a disabled person’s home was properly set aside by the circuit court based upon equitable considerations. In the proceedings below, Damon D. Perry’s contract to purchase a house from the disabled person’s estate was initially approved by the probate court, but was later unilaterally voided by the guardian ad litem of the estate i... More...   $0 (11-13-2009 - IL)

John Szymanowski and Michael A. Wheeling v. Robert H. Brace and BCD Properties, Inc.

¶1 Appellants John Szymanowski and Michael A. Wheeling (Szymanowski/Wheeling) appeal the trial court’s order granting summary judgment in favor of Appellees Robert H. Brace (Brace) and BCD Properties, Inc. (BCD). The parties formed a partnership known as BSW to drill two gas wells in Erie County on leaseholds previously acquired by and still titled to Brace. The parties dispute whether their pa... More...   $0 (11-13-2009 - PA)

Christopher Gade v. Chittenden Solid Waste District and Town of Williston

A group of homeowners residing in the Town of Williston filed a complaint in Chittenden Superior Court, alleging that the Town’s agreement with Chittenden Solid Waste District for the siting, construction, and operation of a solid waste disposal facility in the Town was an ultra vires delegation of municipal authority. Homeowners appeal the superior court’s decision upholding the agreement. ... More...   $0 (11-13-2009 - VT)

Academic Imaging, LLC v. Soterion Corp.

Academic Imaging, LLC, and Newark Health Imaging, LLC (“NHI”), filed suit against Soterion Corp., Soteria Imaging Services, Inc., and other parties, in connection with Academic’s purchase of Soterion’s interest in NHI, which Academic and Soterion owned jointly. Academic and NHI brought a number of causes of action in tort and contract, including conversion, violation of Ohio Rev. Code § 1... More...   $0 (11-13-2009 - OH)

Beulah Addison v. Lochearn Nursing Home, LLC d/b/a FutureCare Lochearn

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More...   $0 (11-13-2009 - MD)

National Park & Conservation Association v. Bureau of Land Management

Kaiser Eagle Mountain, Inc. (“Kaiser”) seeks to build a landfill on a former Kaiser mining site near Joshua Tree National Park (“Joshua Tree”). As part of its landfill development plan, Kaiser sought to exchange certain private lands for several parcels of land surrounding the mine site and owned by the Bureau of Land Managment (“BLM”). Several parties, including the National Parks Con... More...   $0 (11-11-2009 - CA)

Martel Investment Group, L.L.C., v. Town of Richmond, et al.

Martel Investment Group, LLC (Martel) appeals from a Superior Court decision granting summary judgment in favor of the defendant, Town of Richmond (Richmond or town).1 This case came before the Supreme Court for oral argument on September 29, 2009, pursuant to an order directing both parties to appear and show cause why the issues raised by this appeal should not summarily be decided. After hearin... More...   $0 (11-09-2009 - RI)

Bret "Doc" Berkman v. City of Keene

Bret “Doc” Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkman’s predecessors in title. The trial court granted the City’s summary-judgment motion. On original submission, we reversed the judgment and remanded this cause for further proceedings. ... More...   $0 (11-05-2009 - TX)

Benjamin Brownstein, et al. v. Kenneth C. Spilke

In these consolidated appeals, the substitute plaintiff, J. Diamond Properties, LLC (Diamond), and the defendant Georgina Spilke appeal from the judgment of the trial court denying Diamond’s motion for a deficiency judgment as to the defendant Kenneth C. Spilke.1 In AC 29796, Diamond claims that the court improperly determined that it failed to prove the fair market value of the subject property... More...   $0 (11-03-2009 - CT)

AAA Valley Gravel, Inc. v. Alicia Totaro and Herman Ramirez

A property owner leased gravel mining rights to a lessee. The lessee in turn leased its rights to a sublessee. The sublessee assumed the lessee’s duty to pay royalties to the property owner and agreed to pay overriding royalties to the lessee. The lessee later assigned the overriding royalties to an assignee. After more than a decade of operating under these arrangements, the sublessee purchased... More...   $0 (10-30-2009 - AK)

Gebhardt & Smith, L.L.P. v. Maryland Port Administration

This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smith”), appellant, and the Maryland Port Administration (“MPA”), appellee, over a lease (“Lease”) for office space in the Baltimore World Trade Center (“WTC”). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building’s operati... More...   $0 (10-29-2009 - MD)

Delia Berglund v. Pottawatomie County Board of Commissioners

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendants”... More...   $0 (10-22-2009 - OK)

William B. White v. Doris Bowman, et al.

William B. White (plaintiff) appeals the judgment of the Circuit Court of Greene County dismissing his claims against defendants Douglas R. Eckhoff and Sandy L. Eckhoff (Eckhoffs) and granting summary judgment in favor of defendant Doris Bowman (Bowman). We affirm the summary judgment for Bowman. We reverse the dismissal as to Eckhoffs and remand to the trial court for further proceedings.

... More...
   $0 (10-18-2009 - MO)

Justin B. Keller v. GMAC Global Relocation Services

¶1 Under the accelerated procedure for summary judgments,1 Appellants Justin B. Keeler and Jill S. Keeler (Keelers, collectively) appeal the trial court's December 2, 2008, order that granted Appellee GMAC Global Relocation Services' (GMAC) motion for summary judgment. Keelers complain that they purchased a residence from GMAC that had termite damage, as well as pool, hot tub, and guttering leaks... More...   $0 (10-16-2009 - OK)

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