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Real Estate Law
 
Robert L. Fronk v. John P. Fowler

This is a consolidated appeal from the separate orders of a single justice of the Appeals Court and of a full panel of the Appeals Court concerning the award of attorney's fees and litigation costs to the defendants. After a jury-waived trial, a Superior Court judge granted the defendants' motion for fees and costs under G.L. c. 231, § 6F, finding that "substantially all, if not all, of the plain... More...   $0 (03-25-2010 - MA)

Amanda Cossaboon v. Maine Medical Center

Plaintiff Amanda Cossaboon, individually and as mother and next friend of E.C., appeals from the district court's dismissal of her medical malpractice action against defendant Maine Medical Center (MMC) for lack of personal jurisdiction. Cossaboon contends that MMC purposefully established sufficient contacts with New Hampshire to permit the exercise of general personal jurisdiction in New Hampshi... More...   $0 (03-25-2010 - NH)

Lawrence Alba v. Lorna D. Hayden

{1} This case involves a property ownership dispute. Defendant White’s ownership interest in the property arose from a quitclaim deed from Defendant Hayden, whose ownership interest arose out of a real estate contract between Hayden and Plaintiff, which Plaintiff contended was invalid. In Plaintiff’s action against Defendants, Hayden failed to answer requests for admissions, which resulted in ... More...   $0 (03-23-2010 - NM)

Debora Palizzi, Gloria Bennett, and Palizzi & Son, Inc. v. City of Brighton

In this eminent domain action for property it desired for road improvements, the City of Brighton ("Brighton") condemned approximately 0.8 acres of agricultural land owned by Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. (collectively "the Palizzis"). A jury awarded $204,387.15 as just compensation for the taken property, based on its highest and best use being for commercial and ... More...   $0 (03-22-2010 - CO)

Monica Allen v. Jay Dackman

Petitioners, Monica Allen and Shantese Thomas, by their mother and next-friend, Monica D. Allen,1 allege that they suffered injuries caused by lead paint while living at a property owned by Hard Assets, LLC (“Hard Assets”). We have been asked to determine whether Jay Dackman (“Respondent”), a member of Hard Assets when it owned the property,2 may be held liable for these alleged injuries. ... More...   $0 (03-22-2010 - MD)

Martin A. Steiner v. Paul Thexton

Plaintiff Martin A. Steiner, and his partial assignee, intervener Siddiqui Family Partnership (hereafter collectively referred to as plaintiffs), seek specific performance of a sales agreement with defendant property owner Paul Thexton. Based on language granting Steiner “absolute and sole discretion” to terminate the transaction, the Court of Appeal construed the agreement as an option and fu... More...   $0 (03-18-2010 - CA)

Walter Holmes v. Kimco Realty Corporation

This diversity action requires us to predict whether the State of New Jersey would impose a common law duty on a tenant in a multi-tenant shopping center to maintain the parking lot owned by the landlord.

I.

On January 20, 2005, Walter Holmes drove to a shopping center near Route 73 in Maple Shade, New Jersey (the Shopping Center), consisting of a parking lot and several businesses i... More...
   $0 (03-18-2010 - NJ)

Bill J. Papatheofanis v. Katherine Allen

{1} Defendant Katherine Allen appeals from a jury verdict finding her liable for fraud, breach of fiduciary duty, malicious abuse of process, and defamation. Based on these findings of liability, the jury awarded Plaintiff Bill Papatheofanis, Katherine’s ex-husband, $257,500 in compensatory and punitive damages. On appeal, Katherine argues that there was insufficient evidence to support the elem... More...   $0 (03-16-2010 - NM)

Brian Crotty v. Tuccio Development, Inc.

This appeal addresses issues arising from the trial court’s determination of probable cause in granting a prejudgment remedy in the amount of $1.7 million. The defendant, Tuccio Development, Inc., appeals from the court’s judgment granting the prejudgment remedy in favor of the plaintiffs, Brian Crotty and Peggy Crotty, upon a finding of probable cause that the defendant had breached a repurch... More...   $0 (03-16-2010 - CT)

Jaymie Quigley v. Dale Winter

Jaymie Quigley brought claims against her landlord, Dale Winter, pursuant to the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code ch. 216, alleging (1) sexual harassment; (2) sex discrimination; and (3) coercion, intimidation, threat, and interference with Quigley’s enjoyment of her housing rights. A jury found in favor of Quigley on all claims a... More...   $0 (03-16-2010 - IA)

In the matter of the Reinstatement of Edward Lee Munson

¶1 This is the attorney's third time before this Court. Munson was suspended from the practice of law from December 12, 1988 through January 4, 1990 (Munson I)1 for two counts of misrepresentation and neglect. The Bar Association filed a complaint against the attorney in 1992. The allegations were that the attorney: 1) misrepresented the nature of business transactions to a bank inducing the inst... More...   $0 (03-16-2010 - OK)

Wells Fargo Bank v. William Lynn Kopfman

The present case requires this court to determine the proper procedure for judgment creditors to follow when seeking to extend judgment liens predicated on judgments originally issued by foreign courts and later domesticated in Colorado. The Uniform Enforcement of Foreign Judgments Act, sections 13-53-101 to -107, C.R.S. (2009), ("Uniform Act") allows parties to domesticate judgments issued by fo... More...   $0 (03-15-2010 - CO)

Milwaukee Metropolitian Sewerage District v. american International Specialty Lines Insurance Company

When 19 acres of land are offered for sale for $1.00, any purchaser has reason to be wary. The Milwaukee Metropolitan Sewerage District is responsible for flood control and wastewater treatment in the greater Milwaukee area. As part of a flood control project, the District needed to acquire from Milwaukee County a piece of real estate along Lincoln Creek. The nominal asking price was $1.00. In ant... More...   $0 (03-10-2010 - WI)

Zary Abdelhamid v. Fire Insurance Exchange

Fire Insurance Exchange (FIE) denied insurance coverage to Zary Abdelhamid for the fire that burned her house down, claiming she had (1) failed to produce requested documentation, (2) failed to answer material questions when she was examined under oath, (3) failed to submit a completed proof of loss with necessary documentation, and (4) failed to cooperate in the processing of her claim. The trial... More...   $0 (03-09-2010 - CA)

C. Porter Vaughan, Inc. v. Most Reverend Francis X. Dilorenzo

In this appeal from the dismissal of an action for real estate brokerage commissions, we consider whether the trial court erred when it sustained a demurrer of the defendant, the Most Reverend Francis X. DiLorenzo (“Bishop DiLorenzo”), to the amended complaint of C. Porter Vaughan, Inc., Realtors (“Vaughan”) on the grounds that its claim for a breach of an oral agreement was barred by the ... More...   $0 (03-09-2010 - VA)

Elsie L. Braunstein v. Robinson Family Limited Partnership, LLP

[¶1] Since the earliest days of settlement and statehood, complaints and claims of adverse possession have occupied much of the time of the courts of Wyoming. Once again we are requested to grapple within that arena . . . . Snell v. Ruppert, 582 P.2d 916, 917 (Wyo. 1978).

[¶2] Today, we consider the appeal of Elsie L. Braunstein (Braunstein), record owner of several parcels of land tota... More...
   $0 (03-08-2010 - WY)

Keystone Properties and Development, L.L.C. v. Steven A. Campo

This case came before the Supreme Court on December 8, 2009, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. The defendantseller, Steven A. Campo (defendant), appeals from a Superior Court judgment in favor of the plaintiff-buyer, Keystone Properties and Development, LLC (Keystone) granting specific performan... More...   $0 (03-05-2010 - RI)

Jill Parisien v. Ronald Parisien

[¶1] Ronald Parisien appeals from a divorce judgment, arguing the district court erroneously awarded Jill Parisien permanent spousal support. We affirm.

I

[¶2] Ronald and Jill Parisien were married in 1975. They have four living adult children. Jill Parisien sued for divorce in September 2008 on the grounds of adultery, extreme cruelty, willful neglect, conviction of felony, and ir... More...
   $0 (03-05-2010 - ND)

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)

Suncor Energy (U.S.A.) Pipeline Company v. Saddle Ridge, LLC

This case arises from a contract dispute between Saddle Ridge, a real estate development company, and Suncor Energy, a corporation that owns an easement over a parcel of Saddle Ridge’s land. After both parties moved for summary judgment,1 the district court granted summary judgment in favor of Suncor. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I

The parties a... More...
   $0 (03-04-2010 - WY)

Stephanie (Younger) Waters v. G&B Feeds, Inc. and William Younger

Appellants G&B Feeds, Inc. (“G&B”) and William Younger (“Bill”) (collectively “Appellants”) appeal the judgment of the trial court which found in favor of Respondent Stephanie Younger Waters (“Respondent”) by dissolving G&B and distributing its assets and liabilities per sections 351.494–502.1 Appellants now raise three points of trial court error.

“Viewed in the light... More...
   $0 (03-04-2010 - MO)

Lloyd's Inc. v. Charles R. Lloyd

The appellant herein and plaintiff below, Lloyd's, Inc. (hereinafter “Lloyd's”), appeals from an order entered February 11, 2009, by the Circuit Court of Braxton County. By that order, the circuit court granted the motion to dismiss filed by the appellee herein and defendant below, Charles R. Lloyd (hereinafter “Charles Lloyd”), and dismissed Lloyd's complaint finding that the claims ass... More...   $0 (03-04-2010 - WV)

Travis Connally v. Countrywide Home Loans, Inc.

Travis Connally secured a loan owed to America’s Wholesale Lender[1] with real estate situated in Franklin County, Texas, granting a deed of trust against the property. Although the record does not reflect how this occurred, Connally’s appellate brief admits that the underlying debt and lien came to be acquired by Countrywide Home Loans, Inc. On Connally’s failure to comply with the terms ... More...   $0 (03-04-2010 - TX)

Portland General Electric Company v. Kenneth Hick

This dispute arose from a break in a sewer pipe that connected a private building to the Portland sewer system. The break generated a sewage smell in a Subway restaurant that was located in the building, and the restaurant operators, the Smiths, sought damages against the building owner, Hartmann, in claims for breach of the lease, trespass, and nuisance. Hartmann contended that the City of Port... More...   $0 (03-03-2010 - OR)

Oasis West Realty, LLC v. Kenneth A. Goldman

This case presents itself as one concerning Code of Civil Procedure section 425.16 ("section 425.16"), the anti-SLAPP special motion to strike. In fact, the case primarily concerns the scope of an attorney's duty to a former client. Defendants and appellants Reed Smith LLP, a law firm, and Kenneth Goldman, a partner at Reed Smith, for a time represented plaintiff and respondent Oasis West Realty, ... More...   $0 (03-03-2010 - CA)

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