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Real Estate Law
Bar Harbor Bank & Trust v. The Woods at Moody, LLC, et al.

[¶1] The Woods at Moody, LLC and Christopher J. Gordon appeal from a summary judgment entered in the Superior Court (Penobscot County, Murphy, J.) in an action arising from a commercial loan secured by a mortgage. The appellants contend that Bar Harbor Bank & Trust was not entitled to summary judgment because: (1) its complaint failed to plead the elements necessary to obtain a deficiency judgmen... More...   $0 (06-23-2009 - me)

Robert Utzler v. John A. Braca, Jr., et al.

This case concerns numerous claims arising out of a contract between an investor and a builder for the construction and sale of a luxury home in Westport.

The investor has filed a multicount complaint for the return of his investment and for monetary damages because, although the home belatedly has been completed, bank foreclosures have left the property financially ‘‘under water.’â... More...
   $0 (06-23-2009 - CT)

William A. Hilley, et al v. Stephen T. Lawrence

This case came before the Supreme Court on May 6, 2009. The defendant, Stephen T. Lawrence (defendant or Lawrence), and the plaintiffs, William A. Hilley and Toni Lynn Hilley (collectively plaintiffs or Hilleys), own adjacent undeveloped lots in a subdivision in the Town of Tiverton.2 The plaintiffs claimed that the defendant does not have the right to pass over their land to gain access to his pr... More...   $0 (06-22-2009 - RI)

Craig Nickels v. James Casburg, et al.

This appeal concerns the existence and scope of an easement to use a lakeside tract on Lake Travis as a recreation and private park area. Craig and Sheila Nickels, the owners of the lakeside tract and other land in the subdivision Travis Peak Estates, appeal the district court's judgment in favor of appellees who are property owners and residents in the subdivision. (1) The district court declared... More...   $0 (06-18-2009 - TX)

Thomas A. Arthur, Jr., et al. v. Trico Title Insurance of Florida

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated S... More...   $0 (06-18-2009 - MD)

Woods Hole, Martha's Vineyard & Nantucket Steamship Authority v. Town of Falmouth & another

The town of Falmouth (Town), in which the mainland port of Woods Hole is located, serves as the departure point for the ferry to Martha's Vineyard operated by the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority (Authority). The Town is host to a number of open-air parking lots owned by the Authority which provide parking for the ferry's passengers. In 2004, the Town adopted what it... More...   $0 (06-18-2009 - MA)

Shogun's Gallery, Inc. v. Doris Merrill, et al.

Defendants appeal from a judgment that reformed a commercial lease by modifying a rent escalation provision and, alternatively, declared the provision inapplicable for the first year of the lease. Defendants, the landlords, assign error to both aspects of that judgment. Plaintiff, the tenant, cross-appeals, contending that the court should have entered the declaratory judgment as the operative j... More...   $0 (06-17-2009 - OR)

Hilb Rogal and Hobbs Company, et al. v. Uta Peters Randall

The plaintiffs, Hilb Rogal & Hobbs Company (Hilb) and Hobbs Group, LLC (Hobbs), appeal from the judgment of the trial court in favor of the defendant, Uta Peters Randall, in an action for the enforcement of a nonsolicitation agreement in an employment contract. On appeal, the plaintiffs claim that the court improperly determined that the nonsolicitation agreement was unenforceable and meaningless.... More...   $0 (06-16-2009 - CT)

Robert Shappy v. Downcity Capital Partners, Ltd. et al.

The plaintiff, Robert Shappy, appeals from the Superior Court’s grant of motions for summary judgment entered in favor of the defendants, Downcity Capital Partners, Ltd. and RESOL, LLC (collectively defendants).1 Before this Court, the plaintiff contends that the issue of whether he was negligent when he signed a quitclaim deed that conveyed property to his son-in-law, Douglas P. Cataldo, is a q... More...   $0 (06-16-2009 - RI)

H.D.V. - Greektown, LLC, et al. v. City of Detroit

This case involves a challenge to the City of Detroit’s zoning and sign ordinances by an adult cabaret operating in the City’s central business district. The plaintiffs allege that the City has utilized the challenged ordinances to prevent the cabaret from transferring its business to a new owner and from erecting signage desired by the present owner.

Although the district court held th... More...
   $0 (06-15-2009 - MI)

Danny D. Lile v. Don Smith and Shirley Smith

Don Smith and wife, Shirley Smith, brought suit against Danny Lile and wife, Paulette Lile, under the Declaratory Judgments Act (Chapter 37 of the Texas Civil Practice and Remedies Code), asking for a declaration that the Smiths were the owners of certain lands; at the conclusion of the trial before the court, a judgment was entered declaring that the legal and equitable title of the disputed lan... More...   $0 (06-12-2009 - TX)

Tina Garcia v. Berkshire Life Insurance Company of America

In 2004, Tina Garcia filed this action against her insurer, seeking payment of benefits under a disability policy. Over the course of the litigation, the district court concluded that Ms. Garcia “willfully, knowingly, [and] intentionally” fabricated a number of discovery documents in an effort to win her case. Mag. Op. 15; Dist. Ct. Op. 12–14. As a result, in addition to granting Berkshireâ€... More...   $0 (06-10-2009 - CO)

W. Michael Rzepiennik v. Archstone-Smith, Inc.

On August 28, 2002, defendant Archstone Smith, Inc. (“Archstone”) terminated plaintiff W. Michael Rzepiennik’s employment. On June 13, 2007, he brought this action against Archstone, asserting a claim pursuant to the employee protection provisions of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A (“SOX claim”), as well as a state law claim for breach of contract. The district court dismissed... More...   $0 (06-10-2009 - CO)

Brian Pendleton v. Quiktrip Corporation

Brian Pendleton brought this action against QuikTrip pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), alleging that QuikTrip had terminated his employment to prevent him from receiving benefits under the company’s severance and stock plans. QuikTrip moved for summary judgment, and the district court granted the motion after concluding that Pendleton was not entitled to an... More...   $0 (06-08-2009 - MO)

Springfield Holding Company, Ltd., LLC, et al. v. Robert Stone, M.D., et al.

Defendants-Counter-Claimants-Appellants—Robert L. Stone, Cynthia A. Stone, Robert Stone, M.D., and The Children’s Fund (referred to collectively as the Stones)—appeal the district court’s judgment in favor of the Plaintiffs- Counter-Defendants-Appellees, David Kinnard, Roger Kinnard, Mark Reinitz, and Plaintiff-Appellee Springfield Holding Co. (referred to collectively as the Kinnards, giv... More...   $0 (06-08-2009 - OK)

Coalition for ICANN Transparency, Inc. v. VeriSign, Inc.

This appeal is about whether the plaintiff, Coalition for ICANN Transparency, Inc., using antitrust statutes drafted in the late 19th century, has successfully stated claims in connection with the administration of the Internet domain name system, so essential to the operation of our sophisticated 21st century communications network. The district court ruled that the plaintiff failed. With the ben... More...   $0 (06-05-2009 - CA)

Jacqueline Gray v. City of Valley Park, Missouri

Jacqueline Gray and Windhover, Inc. (Appellants, collectively) challenge ordinances enacted by the City of Valley Park, Missouri, (City) that address illegal

alien employment in the context of real estate occupation and leasing. Appellants initially filed suit in state court against the City to invalidate the ordinances. The City removed the case to federal court and the parties later filed... More...
   $0 (06-05-2009 - MO)

Deer Crest Associates I v. Avalon Deer Valley, LLC, et al.

Plaintiff-Appellee Deer Crest Associates I, L.C. (“Deer Crest”) and the Defendants-Appellants (collectively, “Avalon”) contracted for a construction project on Deer Crest’s land. Deer Crest ultimately filed suit against Avalon for, among other claims, breach of contract. Avalon counterclaimed. After motions for summary judgment and a bench trial, the district court entered final judgment... More...   $0 (06-02-2009 - UT)

Cracker Barrel Old Country Store, Inc., et al. v. Richard Epperson, et al.

Cracker Barrel Old Country Store, Inc., and Cracker Barrel Associates, LLC, (collectively “Plaintiffs”) own certain real property on Sidco Drive in Davidson County.2 Mr. Richard Epperson and Mr. Timothy Causey (collectively “Defendants”) own real property that adjoins Plaintiffs’ property. Both parcels have, since October 31, 1980, been subject to a Declaration of Reciprocal Rights and E... More...   $0 (06-01-2009 - TN)

Dunellen, LLC v. Getty Properties Corp.

This appeal requires us to answer the question whether a pier in East Providence, Rhode Island, is--as to the parties in this dispute--to be considered real property ("realty") and so subject to the law of easements or, because of an agreement by the parties' predecessors-in-interest, is personal property ("personalty"). Based on a prior decision of the Rhode Island Supreme Court, we affirm the fe... More...   $0 (06-01-2009 - RI)

Sage Information Services v. Gary A. King

Plaintiffs, Sage Information Services and Roger W. Hurlbert (Sage), filed a one-count complaint against defendant, Gary A. King, Du Page County Clerk, seeking relief from a denial of an Illinois Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. (West 2006)) request. Sage alleged that the fee to be charged by defendant for copying a database compilation of the entire real property assessments... More...   $0 (05-29-2009 - IL)

Riverwatch Condominiums Owners Association v. Restoration Development Corporation, et al.

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’... More...   $0 (05-29-2009 - PA)

Kenneth Rattner v. John Contos and The Contos Family Trust

In light of the recent decision of the Texas Supreme Court in Retamco Operating, Inc., v. Republic Drilling Co., 278 S.W.3d 333 (Tex. 2009), we grant Kenneth Rattner's motion for rehearing. This court's memorandum opinion and judgment dated February 11, 2009, are withdrawn, and this opinion and judgment are substituted.

Kenneth Rattner challenges the trial court's order granting the spe... More...
   $0 (05-25-2009 - )

United States of America v. Philip Morris, USA, Inc., et al.

Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court’s judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers. They also appeal from the district court’s remedial order, which imposes numerous negative and affirmative duties on Defe... More...   $0 (05-23-2009 - DC)

Thomas Smith v. Argent Mortgage Company, LLC, et al.

These three consolidated appeals arise from the mortgage refinancing of the home of Thomas and Pam Smith (the “Smiths”). In their complaint, the Smiths assert claims (1) against all defendants to quiet title, for a declaratory judgment, and for violations of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq.; (2) against Argent Mortgage Company for violation of the Real Estate ... More...   $0 (05-19-2009 - CO)

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