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Real Property Law
 
Riverview Park Estates, LLC v. Imperial Investments, LLC

Riverview Park Estates, LLC sued Imperial Investments, LLC, Stephen C. Pereff, Stephen Pereff, Inc., Pereff Properties, Michael J. King, S. Gregory Pittman and Winters, Kin & Associates on equitable relief, quite title, conversion, slander of title and other theories.

Stephen N. Pereff counterclaimed on a conversion, fraud, tortious interference with contractual relations, civil conspira... More...
   $0 (09-01-2012 - OK)

David Plotnik v. John Meihaus, Jr.

Plaintiffs David and Joyce Plotnik sued their neighbor, defendant John Meihaus, Jr. (Meihaus), and two of his sons, defendants Greg Meihaus and John Meihaus III, alleging both contract and tort claims. In part, plaintiffs sought recovery for the emotional distress they suffered when Meihaus injured their dog. The superior court entered a judgment on jury verdicts that awarded David Plotnik over $1... More...   $0 (08-31-2012 - CA)

JCC Development Corp. v. Hyman Levy

Plaintiff, appellant and respondent JCC Development Corp. (JCCDC) owed monies to defendant, respondent and appellant Hyman Levy under a promissory note. JCCDC paid, under protest, the amounts Levy demanded under the note. Then JCCDC sued Levy, claiming that Levy had overcharged JCCDC in interest and attorney fees purportedly incurred to collect on the note. The matter proceeded to judgment after a... More...   $0 (08-31-2012 - CA)

City of Neodesha, Kansas v. BP Corporation North America, Inc.

All persons and entities owning real property in and around the City of Neodesha, Kansas, brought a class action against the owners of a former oil refinery, alleging groundwater and subsurface soil contamination caused by the now dismantled facility. A jury found in the defendants' favor after a 17-week trial. But in posttrial proceedings, the district court decided it had made a mistake in submi... More...   $0 (08-30-2012 - KS)

Alamo Country Club Owners Association v. James Shelton

By seven issues, consisting of 21 sub-issues, appellants, Alamo Country Club Owners Association (ACCOA) and Melvin Staples, appeal from a final judgment in favor of appellee, James Shelton. We reverse and render in part and affirm in part.

I. BACKGROUND

In 1995, Shelton and his wife Cheryl purchased Lot #260 located at 332 Diana Drive in Alamo, Texas.1 Lot #260 is located in Alamo Co... More...
   $0 (08-30-2012 - TX)

Barnes S.W. Plaza, LLC v. WF Retail Investments LLC

Appellant Barnes S.W. Plaza, LLC (Barnes) appeals the trial court’s final judgment, which incorporates its grant of Appellee WF Retail Investments, LLC’s (WF Retail) motion for partial summary judgment. In its sole issue, Barnes contends that the trial court erred by finding that a restrictive covenant did not apply to the property owned by WF Retail. We will affirm.

II. BackgroundMore...
   $0 (08-30-2012 - TX)

NW Property Wholesalers, LLC v. Jeffrey Whyle Spitz

2 Plaintiffs Spitz and the Jeffrey Todd Whyle-Spitz Irrevocable Trust (the
3 trust) appeal a general judgment in a declaratory judgment action that concluded that
4 their ownership interest in residential real property had been terminated by a trust deed
5 foreclosure sale. Plaintiffs contend that the trial court erred in denying them their
6 requested declaration that the foreclos... More...
   $0 (08-29-2012 - OR)

Jerome Rich v. Linda X. Wexler

This appeal questions the existence of a n enforceable settlement agreement. The trial court entered an order compelling compliance with the agreement. We affirm the order, but remand the case to the trial court to ensure the releases to be signed are in compliance with the settlement agreement.

The appellant (brother), and appellee (sister) are the children of the decedent. Before his deat... More...
   $0 (08-29-2012 - FL)

Lee County Electric Cooperative, Inc. v. City of Cape Coral

Several years ago the City of Cape Coral began a construction project to rework an intersection. The plan required the expansion of an existing road into a public utility easement where Lee County Electric Cooperative ("LCEC") had placed its electric lines. Thus, LCEC was forced to relocate its lines to another public utility easement. The parties disagreed about which of them was responsible for ... More...   $0 (08-29-2012 - FL)

Coleman v. Portage County Engineer

{¶ 1} In this appeal, we address whether “upgrading” a storm-sewer system is a governmental or proprietary function of a political subdivision within the meaning of R.C. 2744.01 and whether failure to “upgrade” subjects that political subdivision to liability under R.C. 2744.02(B)(2). For the reasons that follow, we hold that because upgrading involves construction and design, such upgrad... More...   $0 (08-29-2012 - OH)

Landmark Investment Group, LLC v. Chung Family Realty Partnership, LLC

The defendant, Chung Family Realty Partnership, LLC, appeals from the trial court’s order granting the application for a prejudgment remedy filed by the plaintiff, Landmark Investment Group, LLC. On appeal, the defendant claims that (1) the doctrine of res judicata prevents the plaintiff from relitigating issues that have been or could have been litigated in the first litigation; and (2) the cou... More...   $0 (08-28-2012 - CT)

Clifford Young v. Karolina Young

The defendant, Daniel Young,1 the administrator of the estate of Karolina Young, appeals from a series of postjudgment orders of the trial court. The defendant claims that the court erred when it denied his ‘‘motion for order that [the] parties immediately list for sale the real estate subject of this action’’ and, instead, ordered the property sold to the plaintiff, Clifford Young, subjec... More...   $0 (08-27-2012 - CT)

Edwin Smith, LLC v. Synergy Operating, LLC

{1} “There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.” 2 William Blackstone, Commentaries on the Laws of England 2 (Univ. of Chicago Press ed. 1979) (1766). The property that has captured the affections of the litigants in this case is a parcel of land located in San Juan County with productive oil and gas wells there... More...   $0 (08-24-2012 - NM)

City of Haltom City v. Brian Aurell

In this interlocutory appeal,[1] appellant City of Haltom City (the City) appeals the trial court’s order denying its motion for summary judgment concerning the claims brought by appellees, whom we have listed above. In five issues, the City argues that the trial court does not have jurisdiction over appellees’ claims because the City’s immunity has not been waived. We reverse the trial c... More...   $0 (08-24-2012 - TX)

Jim Purkey v. Jilene Roberts

¶1 Jilene Roberts (Mrs. Roberts) appeals from the trial court’s ruling that she waived her quiet title claim against Dr. Roger Russell, that Dr. Russell did not trespass on her property, and that she is not entitled to attorney fees. We reverse and remand.

BACKGROUND

¶2 Mrs. Roberts owns a parcel of property in rural Sanpete County (the Property). She owned the Property as a join... More...
   $0 (08-23-2012 - UT)

Houston Auto M. Imports North, Ltd. v. R&A Harris South, L.P.

Appellant, Houston Auto M. Imports North, Ltd., formerly known as Houston Auto Imports North, Ltd. (“Houston Auto”), challenges the trial court’s judgment, entered after a bench trial, in favor of appellee, R&A Harris South, L.P. (“R&A Harris”), awarding declaratory relief and damages for breach of contract and attorney’s fees. In eight issues, Houston Auto contends that the evidence i... More...   $0 (08-23-2012 - TX)

Suzette McKenna v. Wells Fargo Bank, N.A.

On November 9, 2006, Charles McKenna entered into a loan refinancing agreement with Wells Fargo Bank, N.A., evidently to help pay for his children's college education. As part of the transaction, Charles McKenna and his wife, Suzette McKenna, granted Wells Fargo a mortgage on their residence in South Orleans, Massachusetts. On the same day, Wells Fargo provided the McKennas with a disclosure form... More...   $0 (08-21-2012 - MA)

Vieira Enterprises, Inc. v. City of East Palo Alto

Vieira Enterprises, Inc. (Vieira), a seller and installer of manufactured homes, filed mechanic‟s liens after the owners of two lots in the City of East Palo Alto (the City) failed to pay for its delivery and installation of two manufactured homes. Prior to the filing of the mechanic‟s liens, another party foreclosed on the properties and applied to the City of East Palo Alto‟s Building Serv... More...   $0 (08-20-2012 - CA)

Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC

An owners association filed the instant construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and restrictions providing t... More...   $0 (08-20-2012 - CA)

Dr. Lee Roy Mathis v. H.E. "Buster" Barnes

Dr. Lee Roy Mathis brought suit against H.E. “Buster” Barnes alleging that Barnes damaged his property and asserting that Barnes’s conduct constituted a nuisance, trespass, negligence, and gross negligence. A jury determined that Barnes was not liable to Mathis, and the trial court entered judgment in accordance with the jury’s verdict. We affirmed the trial court’s judgment with regard ... More...   $0 (08-18-2012 - TX)

Subodh Sonwalker, M.D. v. St. Luke's Sugar Land Partnership, LLC

Appellants Subodh Sonwalkar, M.D. and Wolley Oladut, M.D. held partnership units in appellee St. Luke’s Sugar Land Partnership, L.L.P (“the Partnership”). They applied for a temporary injunction to enjoin the Partnership and its managing partner, appellee St. Luke’s Community Development Corporation—Sugar Land (the “Managing Partner”) from terminating their partnership interests and ... More...   $0 (08-18-2012 - TX)

Peter Fazio v. Cypress/GA Houston I, L.P>

Appellees, Cypress/GR Houston I, L.P., Cypress/GR Houston, Inc., and Cypress Equities, Inc. (collectively, “Cypress”),1 moved for rehearing of our January 19, 2012 opinion. We grant the motion for rehearing, withdraw our January 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Cypress’s February 24, 2012 motion fo... More...   $0 (08-18-2012 - TX)

Mark Evenson v. Tim Lilley

On review of an opinion by the Court of Appeals, Mark and Janis Evenson challenge the calculation of damages, primarily to trees, resulting from a fire on their rural property. Although we disagree with the analysis employed by the district court and by the Court of Appeals, we agree with their ultimate conclusions and affirm. The Evensons purchased 160 acres of rural property in Greenwood County ... More...   $0 (08-17-2012 - kS)

Teri Jo Wilcock Hull v. Tamara L. Wilcock

¶1 Teri Jo Wilcock Hull (TJ) appeals the trial court’s ruling that her brother Todd J. Wilcock (Todd) is not required to reimburse $50,000 in life insurance proceeds and $250,000 in investment losses to the Wilcock Family Trust (the Trust). In particular, TJ challenges the trial court’s denial of her motion for a new trial based on newly discovered evidence and the trial court’s failure to ... More...   $0 (08-16-2012 - UT)

Juan Hernandez v. Yolanda Hernandez

Appellant, Juan Hernandez (“Juan”), appeals from the trial court’s “Order of Enforcement by Contempt (Property Division), Order Dividing Property, and Order Determining Interest Rate” (“Contempt Order”) in favor of appellee, Yolanda Hernandez (“Yolanda”). We affirm.

I. BACKGROUND

A final decree of divorce was entered by the trial court on October 8, 2008, and Juan a... More...
   $0 (08-16-2012 - TX)

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