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Real Estate Law
 
Tanya Milan v. City of Holtville

In this case an employee at a municipal water treatment plant was injured on the job. When she was recovering from her injury, she was notified she had been terminated because the city did not believe she could perform the essential functions of her job. She then brought an action under the Fair Employment and Housing Act (FEHA),

Government Code1 section 12940 et seq. in which she alleged... More...
   $0 (07-15-2010 - CA)

Gary H. Alligood v. Anthony Lasaracina

The plaintiffs, Gary H. Alligood and Holly J. Alligood, appeal from the judgment of the trial court in favor of the defendants, Anthony LaSaracina and Shelene LaSaracina. The plaintiffs claim that the court improperly found that the defendants could unilaterally obstruct the plaintiffs’ right-of-way over the defendants’ property. We agree and reverse the judgment of the trial court.

T... More...
   $0 (07-13-2010 - CT)

Melvin Joseph Long v. Merrifield Town Center Limited Partnership

Melvin and Mary Long, along with several other individuals, who signed contracts to purchase eight condominiums in the 279-unit condominium complex known as Vantage at Merrifield Town Center in Falls Church, Virginia, commenced these actions against the developer, alleging violations of the Interstate Land Sales Full Disclosure Act ("ILSFDA") (pronounced, perhaps, "ills-fi-da"), 15 U.S.C. § 1701 ... More...   $0 (07-13-2010 - VA)

James Clayworth v. Pfizer, Inc.

When a group of companies conspires to fix prices at higher than a competitive level, the resulting overcharge is paid in the first instance by the direct purchaser of the cartel‟s goods. In markets where the direct purchaser is not also the ultimate purchaser, but an intermediary between the cartel and the consumer (the indirect purchaser), several questions arise: First, who should be permitte... More...   $0 (07-12-2010 - CA)

Baishali Das v. Bank of American, N.A.

Appellant Baishali Das asserted claims based on the elder abuse statutes (Welf. & Inst. Code, § 15600 et seq.), alleging that respondent Bank of America, N.A., failed to report financial abuse involving her father (now deceased), and engaged in other misconduct regarding him.1 After sustaining demurrers to appellant‟s claims without leave to amend, the trial court entered a judgment of dismissa... More...   $0 (07-12-2010 - CA)

David S. Lloyd v. Estate of Annabelle E. Robinson

[¶1] The Estate of Annabelle E. Robbins appeals from an entry of a summary judgment by the Superior Court (Hancock County, Cuddy, J.) in favor of David and Vickie Lloyd on the Lloyds’ complaint for breach of a deed’s warranty covenants. The Estate argues that (1) the Superior Court erred as a matter of law by applying the twenty-year statute of limitations regarding sealed instruments, 14 M.R... More...   $0 (07-08-2010 - ME)

Eva Martinez v. Guadalupe Galvan

Eva Martinez and Mary Alice Alcorta, Individually and as Independent Executrix of the Estate of Tomas A. Fuentes, Deceased, appeal a judgment decreeing that Guadalupe Galvan and Reynaldo Alcorta (“Alcorta”) were vested with title to a certain tract of real property. The judgment is based on a jury’s finding that Galvan and Alcorta held the property in peaceable and adverse possession for a ... More...   $0 (07-07-2010 - TX)

Rich Blackmore v. Rs/Max Tri-Cities, L.L.C.

This case concerns events surrounding the purchase of property by the appellants, Rich and Renee Blackmore. The Blackmores were interested in moving from California to Idaho. Renee Blackmore (Renee) looked online for properties in Idaho and found a few that fit their needs. One of those properties was listed by Brad Thompson (Thompson) of Re/Max Tri-Cities, LLC (Re/Max). The Blackmores eventually ... More...   $0 (07-06-2010 - ID)

Vermont Studio Center, Inc. v. Town of Johnson

In this appeal, we must decide if real property owned by Vermont Studio Center, Inc. (VSC) is exempt from property tax under 32 V.S.A. § 3802(4). VSC maintains that its real estate is put to a “public use” and that it is therefore entitled to an exemption. The superior court rejected this argument and granted summary judgment to the Town of Johnson. We affirm.

¶ 2. ... More...
   $0 (07-02-2010 - VT)

Richard Madowitz v. The Woods at Killington Owners’ Association

This interlocutory appeal arises out of a dispute over development rights at the Woods at Killington condominium complex (the Woods) in Killington, Vermont. An association of condominium unit owners located at the Woods (the Association) appeals from a decision by the Rutland Superior Court granting summary judgment in favor of developers Richard Madowitz and Douglas Kohl, who are seeking to fur... More...   $0 (07-02-2010 - VT)

Bruce P. Golden v. Helen Sigman & Associates, Ltd.

In 2004, Bruce Golden’s wife Jody Rosenbaum filed for divorce in Illinois state court. The proceedings that followed were fraught with hostility as the parties engaged in a bitter dispute over division of assets and custody of Dale, their only child.

After a year of setbacks in state court, Golden filed a multi2 count federal lawsuit. He seems to have named anyone who advocated for Rose... More...
   $0 (07-02-2010 - IL)

Eliuth M. Alvarez v. Royal Atlantic Developers, Inc.

Some people are impossible to please. No one can meet their standards and no matter how hard anyone tries, they find fault, criticize, and are unhappy with the result. They demand continuous perfection, which is more than any human being can deliver. The evidence in this Title VII case indicates that Heidi Verdezoto is one of those people. She is the Chief Financial Officer of two closely related,... More...   $0 (07-02-2010 - FL)

C & H Associates Limited Partnership v. Town of Stratford

The plaintiff, C & H Associates Limited Partnership, appeals from the judgment of the trial court granting the motion to set aside the verdict filed by the defendants, the town of Stratford, Lisa Biagiarelli, the town tax assessor, and David L. Valente, the town tax collector, and directing a verdict in their favor on all counts of the plaintiff’s complaint. On appeal, the plaintiff claims that ... More...   $0 (06-29-2010 - CT)

Lauren N. Hervey v. Mercury Casualty Company

Plaintiff and appellant Lauren N. Hervey (Hervey) purchased an automobile insurance policy from defendant and respondent Mercury Casualty Company (Mercury). Hervey alleges Mercury breached the policy by offsetting uninsured motorist payments due her for injuries suffered in an automobile accident with the amount Mercury paid Hervey under the medical expense coverage in the same policy for the same... More...   $0 (06-24-2010 - CA)

Craig Wheeler v. Peter Sajovich

Craig Wheeler appeals a final summary judgment on claims he asserted against Peter Sajovich, Nickolas Nowak, Austin Advantage, Inc. d/b/a RE/MAX Austin Advantage ("Austin Advantage"), and eCounty Foreclosures, Inc. ("eCounty") (collectively, appellees). In two issues on appeal, Wheeler argues that the district court erred in granting summary judgment because he presented evidence raising a fact i... More...   $0 (06-23-2010 - TX)

Jack Aaron Logsdon v. State of Oklahoma

¶1 Appellant Jack Aaron Logsdon was tried by jury and convicted and sentenced in the District Court of Logan County, Case No. CF-2005-189, of sixteen counts of fraudulent sales of securities, forgery, obtaining money by false pretenses, and racketeering.1 The Honorable Donald L. Worthington, who presided at trial, ordered that each sentence be served consecutively for a total term of imprisonme... More...   $0 (06-22-2010 - OK)

Johnny and Patty Lafalier v. The Lead-Impacted Communities Relocation Assistance Trus

¶1 The questions presented in this appeal are (1) whether section 2205 of the Lead-Impacted Communities Relocation Assistance Act1 is unconstitutional, (2) whether section 2203(M) of the Lead-Impacted Communities Relocation Assistance Act is unconstitutional, and (3) whether section 307(D) of the Oklahoma Open Meeting Act (Open Meeting Act)2 authorizes a public body subject to its provisions to a... More...   $0 (06-22-2010 - OK)

William Bischoff v. Donald L. Bletz, Sr.

Rodney White appeals from a superior court judgment requiring that he pay the full purchase price offered by third-party purchasers William, David and Peter Bischoff (the Bischoffs) as a requirement of exercising his right of first refusal for certain real property owned by sellers Donald L. Bletz, Sr. and Bruce Van Guilder (sellers). We affirm.

¶ 2. This is the second app... More...
   $0 (06-22-2010 - VT)

Ronald D. Atanus v. American Airlines, Inc. and Patrick Harrington

Plaintiff Ronald Atanus commenced this tort action against defendants American Airlines, Inc. (American); Patrick Harrington, an employee of American; and S&C Electric Co. (S&C), which is not a party to this appeal. In his fourth amended complaint, plaintiff claimed that American committed “intentional interference with prospective advantages” and that Harrington committed “intentional inter... More...   $0 (06-18-2010 - IL)

Marilyn Santiago v. Alba Management, Inc. & another

After recovering a judgment on behalf of his minor daughter against the defendant, Alba Management, Inc. (Alba), Ramon Santiago commenced this action to obtain a declaratory judgment that Alba has both legal and equitable title to a parcel of real estate against which Santiago wishes to levy. A judge of the Superior Court allowed Santiago's motion for summary judgment and entered the declaration h... More...   $0 (06-16-2010 - MA)

Andrew Fienberg v. Sam Hassan & another

The defendant Sam Hassan, also known as Hicham Ali Hassan (Hassan), appeals from a judgment entered in the Superior Court, which declared that the defendant Rattlesnake Bar & Grill, Inc. (Rattlesnake), validly exercised a right of first refusal it held to purchase property owned by the plaintiff Fienberg, and that Rattlesnake's exercise of the right of first refusal operated to nullify the offer t... More...   $0 (06-16-2010 - MA)

Nova Assignments, Inc. v. Stephen T. Kunian & another

In this case we review a Superior Court judge's order granting summary judgment in favor of the defendants, attorney Stephen T. Kunian and his law firm Eckert Seamans Cherin & Mellott, LLC (Eckert). The plaintiff, Nova Assignments, Inc. (Nova), is the assignee of the law firm Posternak Blankstein & Lund, LLP (PBL).

I.

The following facts are taken from the summary judgment record... More...
   $0 (06-16-2010 - MA)

Juan Rivera v. Club Caravan

In the early morning hours of January 28, 2001, a drunk driver slammed into a State police cruiser that was parked in the breakdown lane of Route 24. As a result, Trooper Gerald Shea and Juan Rivera, a stranded motorist that Trooper Shea had stopped to assist, were severely injured. They brought negligence claims against the driver and various entities and individuals that owned or operated the ba... More...   $0 (06-11-2010 - MA)

Gloria Luna, et al. v. Erica Brownell, et al.

This case presents the following issue: If real property is transferred by a quitclaim deed to the trustee of a trust that has not been formed, is the deed void? We shall conclude that under the circumstances of this case, the deed is not void and is deemed delivered as of the date the trust was formed.

This is a family dispute over real property located at 112 South Russell Avenue in Monte... More...
   $0 (06-11-2010 - CA)

Cambridge Holdings, Ltd. v. The Cambridge Condominiums Council of Owners

The principal issues in this appeal concern whether a condominium regime's council of owners has acquired an easement permitting use of a portion of one owner's condominium unit "for the limited purpose of fire/emergency ingress and egress" by the other owners. While rejecting the council's claims that it had acquired such an easement by necessity or estoppel, the district court rendered judgment... More...   $0 (06-11-2010 - TX)

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