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Real Estate Law
 
James Berglind v. Paintball Business Association

The sole issue in this case is whether an 11-month delay in notice of an occurrence is reasonable notice to an insurance company under the provisions of its policy.

BACKGROUND

Procedural History

Plaintiff’s minor son, age 11, sustained an injury at a paintball facility operated by Adrenaline Games, Inc., an Illinois corporation (Adrenaline). On November 3, 2003, plaintiff fi... More...
   $0 (01-06-2010 - IL)

JIL Group, Inc. v. New Outlook, L.L.P.

¶1 New Outlook, LLP (New Outlook), appeals from a grant of partial summary judgment, an order of judgment following a bench trial, and an award of attorney fees in the Eleventh Judicial District Court. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 In 2004, New Outlook was the owner and developer of a five-lot residential subdivision near Kalispell, Montana, known as Cheery Lynn S... More...
   $0 (01-05-2010 - MT)

Donald L. Junkin III v. Golden West Foreclosure Service, Inc.

In this appeal we consider whether the joint venture exception to the usury laws was properly applied by the trial court.

Appellant Donald L. Junkin III filed a complaint against respondents Golden West Foreclosure Service, Inc., and Gary Bennett, a fellow investor and acknowledged business parter, to enjoin the threatened foreclosure of an office building in San Carlos under an allegedly... More...
   $0 (01-05-2010 - CA)

Lynn Kay McCullough v. Nadine Doss

The Missouri Highway Department constructed Missouri State Highway 39 ("Highway 39") between 1954 and 1955, following a public road that ran between two properties owned by Nadine Doss and Howard Allen ("Appellants") and Lynn Kay and Shirley Ann McCullough ("Respondents"). The new highway left the route of the existing public road near the north end of the two properties and made an eastward curve... More...   $0 (12-30-2009 - MO)

Lawrence W. Ferguson v. Alice M. Strutton

Alice M. Strutton ("Client") appeals a judgment entered against her in favor of Lawrence W. Ferguson ("Attorney") on his Petition to Enforce Attorney's Lien brought pursuant to section 484.130.1 Attorney's suit was based on a written contingency fee agreement executed by Client. Client claims the trial court erred by 1) striking her pleadings for failure to comply with the court's order that she p... More...   $135804 (12-30-2009 - MO)

Linda Piehl v. City of Philadelphia

We granted allowance of appeal in this case to determine whether the Commonwealth Court erred by reversing the trial court and concluding that it should have permitted the Appellees, Linda and William Piehl (hereinafter “Piehls”), plaintiffs below, to amend the caption to their complaint alleging negligence against the City of Philadelphia and the Commonwealth of Pennsylvania after the statute... More...   $0 (12-28-2009 - PA)

Judy Lawrence v. Desiree Alexis Stafford

This appeal is a continuation of a long-running family dispute over title to land in Dallam County. Appellant Judy Lawrence, (1) appearing pro se, challenges the trial court's decree partitioning real property between Lawrence and her niece, appellee Desiree Alexis Stafford Hughes. (2) Finding Lawrence's issues without merit, we affirm the judgment of the trial court. Finding further that the appe... More...   $0 (12-26-2009 - )

Borough of Ulysses v. Barry J. Mesler

Barry J. Mesler (Mesler) appeals the May 13, 2009 order of the Court of Common Pleas of Potter County (trial court) ejecting him from a tract of real property (the tract) in favor of the Borough of Ulysses (Borough), formerly known as the Borough of Lewisville.1 The issue before us is whether the trial court erred in ejecting Mesler from the tract in favor of the Borough. Mesler argues on appeal t... More...   $0 (12-18-2009 - PA)

Judith Hirsch v. Optima, Inc.

After plaintiff, Judith Hirsch, purchased a townhouse from defendant John Kelsey in 2002, the basement flooded. On April 18, 2005, plaintiff sued Kelsey, the seller of the townhouse; Coromandel Town Home Association, the homeowner’s association; and Optima, Inc., the builder. The trial court dismissed with prejudice plaintiff’s case against Optima but later granted in part plaintiff’s petiti... More...   $0 (12-18-2009 - IL)

Mary Barone v. United Airlines, Inc.

Plaintiff-Appellant Mary Barone appeals the district court’s grant of summary judgment to Defendant-Appellee United Airlines, Inc. (“United”) on her Title VII claims of gender discrimination and retaliation. The district court concluded that Barone could not demonstrate a prima facie case under either theory of discrimination. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse... More...   $0 (12-07-2009 - CO)

Alonzo Smiley v. Calumet City, Illinois

These consolidated appeals bring before us for the second time challenges to the constitutionality of an ordinance of Calumet City, Illinois, that forbids the sale of a house without an inspection to determine whether it is in compliance with the City’s building code. Calumet City Code § 14-1. The previous appeal was from a judgment in favor of real estate brokers who had challenged the ordinan... More...   $0 (12-07-2009 - IL)

Timothy P. Fitzgerald v. Christopher Hutchins

[¶1] Timothy P. Fitzgerald appeals from a summary judgment entered by the Superior Court (Penobscot County, Anderson, J.) in favor of Christopher Hutchins on Fitzgerald’s complaint for breach of contract, quantum meruit, and unjust enrichment in connection with the sale of a power plant. Fitzgerald argues that the court erred in concluding that Hutchins’s agency status was dispositive in this... More...   $0 (12-03-2009 - ME)

Tarrant Bell Property, L.L.C., et al. v. Reynaldo Abaya, et al.

It is undisputed that a trial court may, in its discretion, refuse to compel arbitration between contracting parties where there are other individuals suing over the same matter and separate arbitration and court actions risk conflicting rulings on a common issue of law or fact. (Code Civ. Proc., § 1281.2, subd. (c).) The question presented here is whether the trial court is vested with comparabl... More...   $0 (12-02-2009 - CA)

Craig McKey v. Wilderness Development, L.L.C.

¶1 Craig and Lisa McKay brought suit against Wilderness Development, LLC (Wilderness), in the District Court of the Nineteenth Judicial District Court, Lincoln County, alleging it had violated restrictive covenants attached to the Koocanusa Estates Subdivision near Eureka, Montana (Subdivision). The McKays also alleged that Wilderness had trespassed on their property and converted some of their t... More...   $0 (11-27-2009 - MT)

Evco Sound & Electronics, Inc. v. Seaboard Surety Company

This is an appeal from a judgment holding a surety liable for sums owed to a sub-subcontractor under a payment bond issued pursuant to Idaho Code § 54-1927. The surety contends that there was insufficient evidence to find that the subcontractor and sub-subcontractor had entered into an express contract and that the district court erred in holding that the sub-subcontractor gave timely written not... More...   $0 (11-27-2009 - ID)

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)

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