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Real Property Law
 
Gordon J. Zielinski v. State of Oregon

In this declaratory judgment action, plaintiffs seek
to compel the state to construct a railroad crossing on their
property according to the terms of a 1906 deed. The trial
court granted plaintiffs’ motion for summary judgment.
Because we agree with the state that plaintiffs’ claim is
untimely, we reverse and remand.
This case concerns a parcel of real property located<... More...
   $0 (02-11-2015 - OR)

Paul Marolf v. Miami-Dade County

Paul and Lizette Marolf (collectively “Marolf”) appeal an order finding
probable cause for Miami-Dade County (“the County”) to maintain a forfeiture
action against their property, specifically $197,016 in cash which was found in a
safe located in Marolf’s home. We conclude there exists probable cause that the
currency was “used in the course of, intended to be used in t... More...
   $0 (02-11-2015 - FL)

Adair Holdings, LLC v. Rogert P. Escher, Mary J. Escher and Persons in Possession

Roger and Mary Escher appeal from the district court’s ruling in an action to quiet title, initiated by Adair Holdings, L.L.C. The Eschers maintain the affidavit of service was defective and invalidated the tax deed. They also maintain the district court abused its discretion by allowing the plaintiff to amend the pleadings at the commencement of trial. Finally, they contend they are entitled to... More...   $0 (02-11-2015 - IA)

Linda Vista Village San Diego Homeowners Association, Inc. v. Tecolote Investors, LLC

This matter comes to us on a judgment of dismissal of a complaint for declaratory and other relief, brought by plaintiff and appellant Linda Vista Village San Diego Homeowners Association, Inc. (Appellant). Its members are sublessees of mobilehome park lots on a real property site (the park site) that is subject to a 1979 master lease between the landowner defendant and respondent, the City of San... More...   $0 (02-09-2015 - CA)

Bhika Ram v. Onewest Bank, FSB

Bhika Ram and his spouse, Asharfun Nisha Hafiz, purchased a home subject to a deed of trust in 2005. After they defaulted on their home loan, nonjudicial foreclosure proceedings were initiated, and the beneficiary of the deed of trust, OneWest Bank, FSB (OneWest), purchased the property at the foreclosure sale. Ram and Hafiz filed this action against OneWest and other entities, alleging that the s... More...   $0 (02-06-2015 - CA)

Duane K. Rossmann v. Bishop Colorado Retail Plaza, L.P.

Bishop Colorado Retail Plaza, L.P. (Bishop) agreed to lease two suites in a shopping center to LTHM–Dallas Operations, LLC (LTHM). In August 2010, LTHM signed written leases for the two suites, and WestMed III, LLC (WestMed) subsequently guaranteed payment under the leases. Both leases commenced on November 29, 2010 and were for a period of five years. After LTHM and WestMed defaulted on their a... More...   $0 (02-05-2015 - TX)

Adam J. Blumberg v. Gloria M. Minthorne

This case is a dispute about the administration of a family trust and the interpretation of trust documents. At the conclusion of a bench trial, the court decided in favor of plaintiff Adam J. Blumberg, the step-grandson of defendant Gloria Minthorne.1 Gloria was ordered by the court to file an accounting and quitclaim certain property to Adam. Gloria appealed. She quitclaimed that property to her... More...   $0 (02-04-2015 - CA)

Paintcare v. Caroll Mortensen

PaintCare and American Coatings Association appeal from a judgment denying
their petition for a writ of mandate, entered in favor of the California Department of
Resources Recycling and Recovery and its director, Caroll Mortensen (collectively
CalRecycle). By their petition, PaintCare and American Coatings Association sought to
invalidate regulations adopted by CalRecycle to implem... More...
   $0 (02-03-2015 - CA)

Ashlan Park Center, L.L.C. v. Vicki Crow

Appellant appeals from a judgment entered after the trial court sustained respondent’s demurrer to appellant’s amended petition for writ of mandate without leave to amend. We find no error and affirm.
2
FACTUAL AND PROCEDURAL BACKGROUND
Petitioner filed an amended petition for writ of mandate, alleging it is the owner of a shopping center purchased in March of 2013. It purchased th... More...
   $0 (02-03-2015 - CA)

Nick J. Lowe v. City of Hot Springs

[¶1.] The City of Hot Springs (the City) requested proposals from private entities interested in using real property that belonged to the City. Pete Lien & Sons, Inc. (Lien) and Croell Redi-Mix (Croell) both submitted proposals to lease the property on various terms and conditions. Lien’s proposal was accepted, and a final agreement was negotiated. Croell subsequently sued to require the City t... More...   $0 (01-28-2015 - SD)

Huna Energy Corp. v. The Unknown Heirs, Personal Representatives, Devisees, Trustees, Successor and Assigns, if any, of John O. Midkiff a/k/a John Orvile Medkiff, deceased, et al.

El Reno, OK - Huna Energy Corp. sued The Unknown Heirs, Personal Representatives, Devisees, Trustees, Successor and Assigns, if any, of John O. Midkiff a/k/a John Orvile Medkiff, deceased, seeking to quite title to certain real property located in Canadian County, Oklahoma.

Notice by Publication

TAKE NOTICE that you have been sued by Huna Energy Corp. in the District Court of Can... More...
   $0 (01-28-2015 - OK)

Cody Meine, et al. v. Hren Ranches, Inc., et al.

¶1 Plaintiffs/Appellees (collectively, the Meines) commenced this action in the Fifth
Judicial District Court, Beaverhead County, against Defendants/Appellants (collectively,
the Hrens) seeking a determination that they hold a prescriptive easement over the Hrens’
land and a permanent injunction prohibiting the Hrens from blocking or impeding the use
of this easement. Following ... More...
   $0 (01-27-2015 - MT)

Gray1 CPB, LLC v. SCC Acquisitions, Inc.

You cross continents and spend years trying to collect a judgment for your client. Late one Friday afternoon, the debtor‟s lawyer walks into your office and hands you a cashier‟s check for almost $13 million, covering the entire judgment and all accumulated interest. Do you accept the check or say, “No thank you, I need to make a motion for attorney fees first?” Put another way, is a bird ... More...   $0 (01-27-2015 - CA)

James Scott Richardson v. Greg Franc

In order to access their home in Novato, California, James Scott Richardson and Lisa Donetti (respondents) had to traverse land belonging to their neighbors, Greg and Terrie Franc (appellants) on a 150-foot long road which was authorized by an easement for “access and public utility purposes.” Over a 20-year period, both respondents and their predecessors-in-interest maintained landscaping, ir... More...   $0 (01-27-2015 - CA)

One Way Plumbing, LLC v. Matthew Geary

Plaintiff One Way Plumbing, LLC., alleges and states the following for its Petition against Defendant:
1. Plaintiff is engaged in the plumbing business in, inter alia, Tulsa County.
2. At all times material to this Petition, Defendant Matthew Geary was a resident of and the real property which is the subject of this action is located in Tulsa County, Oklahoma.
3. In or about December, ... More...
   $1 (01-21-2015 - OK)

Armstrong DLO Properties, LLC v. Todd A. Furniss and Heather E. Furniss

Appellant Armstrong DLO Properties, LLC (“ADLO”) appeals the trial court’s order granting summary judgment that ADLO take nothing in favor of appellees Todd A. Furniss and Heather E. Furniss (“the Furnisses”). The order also awarded the Furnisses $40,670 in attorney’s fees against ADLO. The controversy brought before us is respecting title to a portion of a continuous strip of real pro... More...   $0 (01-21-2015 - TX)

Donna Stofer v. Shapell Industries, Inc.

Plaintiff Donna Stofer (plaintiff) purchased a home from Dr. Marcus F. Laux.
Almost two years later, she sued the homebuilder, Shapell Industries, Inc. (Shapell), for
strict liability, negligence, and fraudulent concealment. Plaintiff claimed Shapell built
the home on unstable and uncompacted “fill” soil and with an inadequate foundation,
causing “substantial differential mov... More...
   $0 (01-15-2015 - CA)

Frank J. Schuster v. Kathleen Wild

Appellants, Frank J. Schuster, individually and as executor of the estate of Frank
Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,
2
Ltd., appeal from the trial court’s refusal to confirm the arbitrator’s order and its vacatur of that award. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West, Westlaw through 2013 3d C.S.) (“A party may appe... More...
   $0 (01-15-2015 - TX)

Belle Terre Ranch, Inc. v. Kenneth C. Wilson

This case involves a boundary dispute between a Healdsburg vineyard and the
winery operators on the adjacent property. After a bench trial, the court ruled in favor of
the vineyard, quieting title in its favor and granting permanent injunctive relief against
further trespass by the vintners. The court also awarded $1 in nominal damages for past
trespass, and upon that basis awarded... More...
   $0 (01-13-2015 - CA)

Ruby Yarbrough and Wilburn E. Yarbrough v. Household Finance Corporation III

In an issue of first impression, we must decide whether an affirmative defense of forgery, supported by an affidavit alleging that the defendants’ signatures on a deed of trust were forged, raises a genuine issue of title intertwined with the issue of possession sufficient to deprive a justice court of jurisdiction in a forcible detainer action. We hold that it does. The courts below lacked juri... More...   $0 (01-13-2015 - TX)

Mark Vukanovich v. Larry Kine

Judgment reversed and remanded for entry of judgment
reinstating jury’s verdict of $686,000; otherwise affirmed.
______________
* Lagesen, J., vice Wollheim, S. J.
624 Vukanovich v. Kine
Vukanovich and Kine, both real estate developers, agreed to work together
to purchase a parcel of real property from Umpqua Bank (the bank). The joint
endeavor failed, and the parties... More...
   $0 (01-11-2015 - OR)

United States of America v. Howard Dennis Barnes

TUCSON, AZ – Howard Dennis Barnes, age 72, was sentenced to 72 months in federal prison. Barnes had previously pleaded guilty to charges of mail fraud and attempted fraud in connection with computers, both felonies.

As part of his scheme, Barnes offered real property that he did not own for sale over the internet using Craigslist. In exchange for payment from an unsuspec... More...
   $0 (01-07-2015 - AZ)

Jeffrey Stevenson v. Charles Burton and Burton Construction

COMES NOW, Jeffrey Stevenson, Plaintiff in the above styled and captioned cause, by and through his undersigned counsel, Cynthia Rowe D’Antonio, of The Law Offices of Smith & D’Antonio, for his Petition against Defendants alleges and states as follows:
JURISDICTION AN]) VENUE
1. Plaintiff, Jeffrey Stevenson, at all times relevant and material here is an individual residing in Oklahoma ... More...
   $0 (12-30-2014 - OK)

Harry W. Chornuk v. Craig Nelson

[¶1] Craig and Julie Nelson appeal from a judgment quieting title in certain real property in Harry and Linda Chornuk and awarding the Chornuks damages for conversion, and from an amended judgment modifying the damage award. The Nelsons argue the district court erroneously found they did not purchase the property in good faith and erred in quieting title of the property in favor of the Chornuks. ... More...   $0 (12-22-2014 - ND)

Marilyn Van Horn v. Department of Toxic Substances Control

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic
2
Substances Control (the Department)—for placing a lien on real property for hazardous substance alleviation pursuant to Californiaâ... More...
   $0 (12-19-2014 - CA)

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