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Real Estate Law
 
Jerri Blount v. Joseph Stroud, and Jovon Broadcasting, WJYS-TV 62/34

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

Keith Myers v. Wesley C. Leedy

This case presents the question of whether a tenant‟s leasehold interest in property survives a land contract vendee‟s forfeiture when the tenant is not made a party to the forfeiture action and the vendor has actual knowledge that the tenant is in possession of the property. We conclude that in this case the tenant‟s leasehold interest survives.

Facts and Procedural History

On... More...
   $0 (10-15-2009 - IN)

Greenville Concerned Citizens, Inc. v. Floyd County Plan Commission, Floyd County, Indiana and Robert Lynn Co., Inc.

After the Floyd County Plan Commission (the “Commission”) approved the primary plat of Lafayette Ridge Subdivision as sought to be developed by Robert Lynn Company, Inc. (“Lynn”), Greenville Concerned Citizens, Inc., Joanna Danzl, Dan Danzl, Betty Cairns, and Tom Cairns1 (collectively, “GCC”) petitioned the trial court to review and set aside the Commission’s decision. GCC appeals th... More...   $0 (10-14-2009 - IN)

Bernard Seidling, d/b/a Raintree Enterprises v. Dori L. Stepan

Dori Stepan appeals a judgment granting her request to rescind a land contract with Bernard Seidling and returning the money Stepan paid on the contract minus a setoff for her possession and use of the property. She argues: (1) she was entitled to a jury trial; (2) she is entitled to attorney fees under Wis. Stat. § 100.18[1] (false advertising); and (3) the court erred when it offset her dama... More...   $0 (10-14-2009 - WI)

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)

Nancy A. Schmidli, et al. v. Rodney K. Pearce, et al.

Plaintiffs brought this quiet title action to extinguish a lien of deed of trust held by defendants against their property. Plaintiffs claim the defendants‟ lien expired under a 10-year statute of limitations triggered by defendant‟s recording of a notice of default. Defendants‟ claim their notice of default did not trigger the 10-year statute, and their lien remains viable under a 60-year s... More...   $0 (10-13-2009 - CA)

Bayly Crossing, L.L.C., et al. v. Consumer Protection Division, Office of the Attorney General

This appeal arises from a civil administrative action by the Consumer Protection Division of the Maryland Office of the Attorney General (“CPD”) against appellants Julia B. Passyn, Theodore B. Passyn, Theodore B. Passyn, III (“the Passyns”), and Bayly Crossing, LLC. CPD charged appellants with failing to register under the Home Builder Registration Act (“HBRA”), Maryland Code (2004 Rep... More...   $0 (10-13-2009 - MD)

Coldwell Banker Manning Realty, Inc. v. Cushman and Wakefield, of Connecticut, Inc., et al.

This is one of two separate appeals1 arising out of a real estate transaction involving the plaintiff, Coldwell Banker Manning Realty, Inc. (Coldwell Banker), the named defendant, Cushman and Wakefield of Connecticut, Inc. (Cushman), and Computer Sciences Corporation (CSC).2 In the present appeal, Coldwell Banker claims that the trial court improperly concluded that the decision of the Greater Har... More...   $0 (10-13-2009 - CT)

The County of Du Page v. Lake Street Spa, Inc.

This consolidated appeal presents the next step in the ongoing first amendment challenge to the validity of Du Page County's zoning codes regulating adult expression, which we first explored in County of Du Page v. Hot Shots on North Avenue, Inc., Nos. 2--05--0069 & 2--05--0072 cons. (2006) (unpublished order under Supreme Court Rule 23). This time, defendants Warren J. Wright, individually and do... More...   $0 (10-12-2009 - IL)

Warwick Towers Council of Co-Owners v. Park Warwick, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C.

Warwick Towers Council of Co-Owners (the ACouncil@) (SIC - The Fourteenth District publishes its reports online with letters substituted for certain characters.), acting by and through St. Paul Fire & Marine Insurance Company, appeals from a summary judgment granted in favor of Park Warwick L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C (collectively, the AHotel Appellee... More...   $0 (10-08-2009 - TX)

Eric Webb v. Clark County School District

This appeal arises out of a district court’s judgment awarding appellant/cross-respondent Eric Webb, a minor, general and special damages for injuries sustained after Webb’s teacher, respondent/cross-appellant Roger Phillips, placed his hand on Webb’s chest during a disturbance at school. In this opinion, we address two issues of first impression: (1) whether the Paul D. Coverdell Teacher P... More...   $0 (10-08-2009 - NV)

A Tumbling-F Ranches v. Maricopa County

¶1 Plaintiffs (“the Farmers”) appeal the trial court’s denial of their motions for judgment as a matter of law (“JMOL”) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (“the District”). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F... More...   $0 (10-08-2009 - AZ)

David D. Beal, et al. v. David A. McGuire, et al.

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More...   $0 (10-08-2009 - AK)

Gotham Insurance Company A/S/O Tritex Real Estate Advisors, Inc. v. Emerson Motor Company, aka Emerson Electric Co.

Gotham Insurance Company A/S/O Tritex Real Estate Advisors, Inc. sued Emerson Motor Company, aka Emerson Electric Co. on a subrogation theory. The claims made and defenses asserted are not available.... More...   $50000 (10-07-2009 - OK)

Rita Clancy v. Kent W. Jessen

This property dispute involves easements that were granted several decades ago by an owner of riverfront property along the Mississippi River. Because we agree with the district court’s resolution of the relevant legal and factual questions, we affirm the judgment below.

I. Facts and Procedural History.

In 1964 Ray and Meta Kellogg acquired 2.07 acres bordering the Mississippi ... More...
   $0 (10-07-2009 - IA)

State of Missouri, ex rel. Bass Pro Outdoor World, L.L.C. v. Honorable Nancy L. Schneider

Bass Pro Outdoor World, L.L.C. (Relator) filed a Petition for Writ of Prohibition with this Court, seeking to prohibit the trial court, Honorable Nancy Schneider, (Respondent) from enforcing discovery orders entered on April 3, 2009, May 7, 2009, and July 24, 2009, in the action of Kyle J. Kelly v. Bass Pro Outdoor World, L.L.C. This action is pending in the Circuit Court of St. Charles County, Mi... More...   $0 (10-06-2009 - MO)

Donald Armstrong and Judy Armstrong v. Francis E. Fischer and Joyce L. Fischer

Donald and Judy Armstrong appeal a judgment dismissing their action under Wis. Stat. § 805.17(1).[1] The trial court concluded that the land over which the Armstrongs sought a prescriptive easement was wild and unimproved under Wis. Stat. § 893.28(3).[2] Based on the evidence, the trial court determined that Francis and Joyce Fischer were entitled to the statutory presumption of permissive use... More...   $0 (10-06-2009 - WI)

Russell Van Elk v. Darlene L. Urbanek

This is a case of neighboring landowners and their real estate disputes, mainly about deed restrictions and an easement. The appeal and cross-appeal involve three of the eight counts bench-tried below. We consider the evidence in the light most favorable to the judgment, which we must affirm unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erro... More...   $0 (10-06-2009 - MO)

Ahmed M. Ali v. CIT Technology Financing Services, Inc.

This appeal is from a judgment entered by the Circuit Court for Prince George’s County against Ahmed M. Ali, appellant, and in favor of CIT Technology Financing Services, Inc., appellee, in the amount of $190,725.85 in damages and $21,977.95 in prejudgment interest. Appellant contends that the trial court should have dismissed the suit because it was barred by the applicable statute of limitatio... More...   $0 (10-05-2009 - MD)

Tam Travel, Inc., et al. v. Delta Airlines, Inc., et al.

Plaintiff travel agencies appeal the district court’s dismissal of their Amended Complaint for failure to state a claim under § 1 of the Sherman Antitrust Act. Plaintiffs allege that defendants conspired to reduce, cap, and eventually eliminate the payment of base commissions in a concerted effort to drive plaintiffs out of business in violation of 15 U.S.C. § 1. We affirm. In doing so, we hol... More...   $0 (10-02-2009 - OH)

Vineyard Village, Ltd. v. Univest Properties, Inc. and Yorkshire West Realty Advisors, L.P.

In three issues, Appellants Vineyard Village, Ltd. and Vineyard Village MSV, LLC (AVineyard@) complain that the trial court erred by granting summary judgment for Appellees Univest Properties, Inc. and Yorkshire West Realty Advisors, L.P.,[2] by excluding Vineyard=s summary judgment evidence, and by awarding attorneys= fees to Univest and Yorkshire. We affirm.

II.... More...
   $0 (10-02-2009 - TX)

Anna Marie Nguyen v. Alex Yovan and Philip Yovan

In this suit on a contract for deed, appellant, Anna Marie Nguyen appeals the trial court's take-nothing judgment in favor of the appellees, Alex Yovan and Philip Yovan. In two issues, Nguyen argues that (1) the contract is not barred by the statute of frauds and (2) the evidence supports numerous statutory violations.

We reverse the judgment of the trial court and remand for proceedings co... More...
   $0 (10-01-2009 - TX)

Randy Campbell . R. Johnson, Sheriff

This case stems from the Walton County Jail’s alleged refusal to release appellant Randy Campbell on bail after the court approved a property bond. Campbell sued appellee Ralph L. Johnson, Sheriff of Walton County, Florida, under 42 U.S.C. § 1983, claiming a violation of his Fifth and Fourteenth Amendment due process liberty rights and his Eighth Amendment right to be free from excessive bail. ... More...   $0 (09-30-2009 - FL)

Alan Stein v. Paradigm Mirasol, LLC

In a market-based economy the price of housing, like other goods, is subject to swings. There was a sharp upward swing in housing prices between late 2000 and the end of 2005, and the resulting bubble was bigger in Florida than it was in most other states. Home prices there rose eighty-two percent in absolute terms during that short period, outstripping the fifty-one percent national increase. See... More...   $0 (09-30-2009 - FL)

Faegre & Benson, LLP v. R & R Investors, et al.

This is an appeal from summary judgment in an interpleader action in which the district court determined that respondent partnership was entitled to the proceeds from the settlement of a lawsuit against the federal government, and dismissed appellants’ damages claims against respondent law firms, who were litigation counsel in the federal lawsuit and commenced this interpleader action to resolve... More...   $0 (09-29-2009 - MN)

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