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Real Estate Law
 
Destructors, Inc. v. City of Forest Hill

In three issues, Appellant Destructors, Inc. appeals the trial court=s order granting Appellee City of Forest Hill=s plea to the jurisdiction. We must determine whether the trial court had subject-matter jurisdiction to enjoin the enforcement of the municipal ordinance at issue. Because we hold that it does not, we affirm.

II. BACKGROUND

Destructors operates concrete and aspha... More...
   $0 (05-13-2010 - TX)

MKB Management, Inc. v. Andre O. Melikian

MKB Management, Inc. (MKB), appeals a judgment of dismissal following the sustaining of a demurrer to its complaint without leave to amend. MKB alleges that Andre O. Melikian and several related companies failed to pay amounts due to MKB as the manager of rental properties under a property management agreement. The trial court concluded that the principal object of the agreement was the performanc... More...   $0 (05-13-2010 - CA)

Alfred James Grove, et ux v. Ronald George

Appellant, James Grove, appeals from an order by the Circuit Court for Garrett County awarding appellee, Ronald George, $2,040.40 in attorney’s fees and costs. The genesis of the appeal is appellant’s claim for breach of a residential contract of sale (the “Contract”) entered into between the parties. By memorandum opinion and order, dated October 24, 2008, the circuit court granted summar... More...   $0 (05-07-2010 - MD)

Janay Barksdale v. Leon Wilkowsky, et al.

This appeal arises from a lawsuit filed by appellant, Janay Barksdale, against appellees, G&S Real Estate and its two partners, Stewart Sachs and Ronald Greenwald, in which she alleged that she suffered “severe and permanent brain damage” as a result of exposure to lead-based paint in a rental property owned by appellees.1 Following a five-day trial in the Circuit Court for Baltimore City, the... More...   $0 (05-07-2010 - MD)

Stephen P. Norman v. Scott C. Borison, et al.

Appellant, Stephen Norman (“Norman”), filed suit in the Circuit Court for Montgomery County alleging that he was defamed by statements made by appellees1 in connection with a lawsuit currently pending before the United States District Court for the District of Maryland. Appellees filed motions to dismiss, and after conducting a hearing, the circuit court dismissed all counts of the lawsuit. No... More...   $0 (05-07-2010 - MD)

Tobore Kokoricha v. The Estate of Donald I. Keiner

{1} At issue in this appeal is the ownership of a single-family residence in Clovis, New Mexico (the Property). Tobore Kokoricha and Oyinkan Kokoricha (the Kokorichas) appeal the district court’s order dismissing with prejudice their request for a declaratory judgment stating that they are good-faith purchasers for value of the Property. The Kokorichas contend that the district court erred when ... More...   $0 (05-06-2010 - NM)

American Land Holdings of Indiana, LLC, et al. v. Stanley Jobe, et al.

This diversity suit, brought by affiliates of the Peabody Energy Corporation (for simplicity we’ll pretend there is a single plaintiff and call it Peabody), seeks both a declaration that Peabody has the right to strip mine coal on the defendants’ land, and specific performance of an option to purchase the land. The land is in Indiana, and the substantive issues in the case are governed by Indi... More...   $0 (05-06-2010 - IN)

17315 Collins Avenue, LLC, and Wavestone Properties, LLC v. Fortune Development Sales Corp.

On consideration of the appellants’ motion for rehearing and rehearing en banc, the court withdraws its previous opinion and substitutes the following corrected opinion.

This is an appeal of a temporary injunction and an order granting leave to record a judgment. With some qualifications, we affirm.

I.

As stated in the parties’ earlier appeal: Plaintiff Fortune Development... More...
   $0 (05-05-2010 - FL)

A.I.C. Trading Corp. v. Sanford Susman and Betty Susman d/b/a The Airport Center of Miami-West

AIC Trading Corp. appeals an amended final judgment entered following a non-jury trial. The question before us is in contention all too often in Florida real estate transactions: is a purchase option agreement executed by a landlord (appellees, the Susmans) and tenant (AIC) contemporaneously with a commercial lease binding and enforceable, or is it merely a preliminary and unenforceable summary of... More...   $0 (05-05-2010 - FL)

Teresa A. Frech, et al. v. Carl F. Piontkowski, et al.

This appeal concerns whether an abutting landowner may acquire a prescriptive easement for recreational use over a nonnavigable, artificial body of water. The defendants, Carl F. Piontkowski, Florence Baron and the estate of Constance Murray, appeal1 from the judgment of the trial court, rendered following a trial to the court, finding that the plaintiffs, Teresa A. Frech, Kenneth Andersen and Amy... More...   $0 (05-03-2010 - CT)

La Quinta Corporation; Baymont Franchising, LLC v. Heartland Properties, LLC; David W. Adams; Betty L. Adams

In this action alleging breach of a hotel franchise agreement and federal trademark infringement, defendants Heartland Properties LLC, David W. Adams, and Betty L. Adams appeal the district court’s denial of discovery-related motions, grant of summary judgment in favor of plaintiffs La Quinta Corporation and Baymont Franchising LLC, and the award of liquidated and treble damages to Baymont. We a... More...   $0 (04-28-2010 - KY)

Marcus Blackwell v. Tullat Mahmood, et al.

The defendants Tullat Mahmood and Two Hundred Eighty Broad Elm, LLC,1 appeal from the judgment in favor of the plaintiff, Marcus Blackwell, for breach of contract, statutory theft, conversion, bad faith and violations of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq. On appeal, the defendants claim that the court improperly (1) found that they were estopped... More...   $0 (04-27-2010 - CT)

Macthompson Realty, Inc. v. City of Nashua

The intervenors, Francis and Marguerite Ruel, appeal the ruling of the Superior Court (Lynn, C.J.) enforcing a settlement agreement with the plaintiff, MacThompson Realty, Inc. (MacThompson), and the ruling that it did not violate the statute of frauds. See RSA 506:1 (1997). We affirm.

The following facts are supported by the record. On January 30, 2007, MacThompson filed a petition for dec... More...
   $0 (04-23-2010 - NH)

Deutsche Bank National Trust Company v. Sandi A. Roberts

¶1 In this foreclosure action, Defendant, Sandi A. Roberts (Homeowner), appeals the trial court's grant of summary judgment in favor of Plaintiff, Deutsche Bank National Trust Company (Bank). We affirm.

FACTS

¶2 Most of the facts are taken from the trial court's six-page journal entry of judgment. In 1988, Homeowner and her husband, Donald Roberts (Husband), bought a home, which is... More...
   $0 (04-22-2010 - OK)

James G. Herman, et al. v. Pella Products, Inc., et al.

Appellant John P. Miller contracted with appellee James G. Herman for the construction of a new home. Herman installed Pella windows in the home as part of that contract, and, according to Miller, the windows have leaked, causing him personal and property damage. He brought this action against Herman, Herman’s construction company, James G. Herman & Associates, and Pella Products, Inc. (“Pella... More...   $0 (04-17-2010 - IL)

Omimex Energy, Inc., et al. v. Joyce G. Blohm

Defendant Joyce G. Blohm, and her now-deceased husband, Homer, granted a mineral deed to the Miller Brothers Oil Corporation in 1983 for a term of twenty years, or as long thereafter as gas or oil were “being produced” or “capable of being produced from wells drilled during the 20 year term.” It is undisputed that no qualifying well was drilled on the Blohms’ property during the twenty-y... More...   $0 (04-16-2010 - MI)

JSC Neftegas-Impex v. Citibank, N.A.

A jury rendered judgment in favor of JSC Neftegas-Impex ("JSCNI") and against Transcontinental Products and Services, Inc. ("TPS") for fraud and breach of fiduciary duty. The jury also rendered judgment in favor of JSCNI and against Citibank, N.A. ("Citibank") for fraud, knowing participation in TPS's breach of fiduciary duty, and conspiracy. The jury awarded actual damages against both defendant... More...   $0 (04-16-2010 - TX)

Sandra Lake v. Woodcreek Homeowners Association

The Horizontal Property Regimes Act (HPRA), chapter 64.32 RCW, applies to the Woodcreek Condominium in Bellevue, Washington. A Woodcreek owner, Sandra Lake, invokes the HPRA to resolve a dispute between her, the Woodcreek Homeowners Association, and her fellow condominium owner Glen R. Clausing. Lake claims that the association’s board of directors violated the HPRA or Woodcreek’s declaration ... More...   $0 (04-15-2010 - WA)

William Blankenship, Jr. v. USA Truck

William Blankenship, Jr. (Blankenship) alleges USA Truck, Inc. (USA Truck) owes him more than $1 million in unpaid sales commissions. Blankenship admits he agreed, in 2006, to settle his dispute with USA Truck over the commissions for $85,000. Blankenship brought this lawsuit to void the parties’ settlement agreement and to obtain punitive damages for fraud. Blankenship alleges USA Truck deceive... More...   $0 (04-15-2010 - AR)

David B. Wirth v. Sierra Cascade, LLC

This case arises from a dispute between plaintiffs David and Diana Wirth and defendants Sierra Cascade LLC and Dana Van Pelt over the ownership of certain mineral rights, including the right to mine pumice, in the approximately 28,000 acres of land that comprise the "Liskey Estate Tract" (the tract) in Klamath County.(1) Plaintiffs filed a declaratory judgment action to determine the scope of def... More...   $0 (04-14-2010 - OR)

Mark Evenson v. Tim Lilley

Mark and Janis Evenson appeal the district court's conclusion that damage by fire to outbuildings and trees by a negligently caused fire constituted permanent damage to their property and, therefore, the proper measure of damages was the diminution in the property's value rather than the cost of repairs or replacement.

The underlying facts of the case are not seriously in dispute. The Evens... More...
   $0 (04-08-2010 - KS)

CRS Recovery, Inc. v. John Laxton, AKA Johnlaxton@gmial.com

This case requires application of traditional choice-of-law, tort, and property principles to an increasingly common factual setting, a dispute over the ownership of an Internet domain name. John Laxton (“Laxton”) and his assignee North Bay Real Estate, Inc. appeal the adverse summary judgment for Dale Mayberry (“Mayberry”) and his assignee CRS Recovery, Inc. (“CRS”). The district cour... More...   $0 (04-08-2010 - CA)

Richard Hopp v. City of Los Angeles

A municipal ordinance requires a police permit for persons in “the business of buying, selling, exchanging or otherwise dealing in secondhand books.” A hobbyist who collects secondhand books for his personal use—and not for resale—has brought a lawsuit for declaratory relief, challenging the municipality’s claim that he must obtain a police permit for his collecting activities. The trial... More...   $0 (04-07-2010 - CA)

Alcoa Concrete & Masonry, Inc. v. Stalker Brothers, Inc.

We are called upon here to construe the Maryland Home Improvement Law (the Act), Maryland Code (1975, 2004 Repl. Vol.), §§ 8-100 through 8-702 of the Business Regulation Article.1 At issue is whether a home improvement general contractor is contractually obligated to pay a subcontractor who was not licensed under the Act, either at the time of entering into the subcontract or when the subcontrac... More...   $0 (04-02-2010 - MD)

Glenn Gorelick, et al. v. Emily Montanado, et al.

These appeals, by Glenn Gorelick and Dennis Gorelick, are from the judgments rendered in two consolidated actions after a trial to the court. On appeal, the Gorelicks challenge various conclusions reached by the trial court with respect to the distribution of partnership funds and the proceeds from the sale of real estate in connection with the dissolution of a family partnership. We reverse in pa... More...   $0 (03-31-2010 - )

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