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Real Property Law
 
Jerry Weaks and Joyce Weaks v. Kathleen Jeanette White

On June 5, 2002, the Weakses, as sellers, and White, as purchaser, executed a document entitled “Contract for Deed” pursuant to which White agreed to make a down payment and monthly installments for ten years to purchase a small tract of land and a mobile home. White did not make a payment in December 2011, January 2012, or February 2012. In February 2012, the Weakses demanded that she pay the amo... More...   $0 (10-21-2015 - TX)

Ivarene and Victor Hosek v. Rosale Scott

Rosale Scott and Ivarene and Victor Hosek are parties to a partition deed partitioning the surface estate of 338.54 acres of land between them. Scott and the Hoseks disagree about the interpretation of the deed as it relates to the minerals under the land. The Hoseks sued Scott, and the trial court granted a partial summary judgment in Scott’s favor. Thereafter, the trial court held a hearing on t... More...   $0 (10-21-2015 - TX)

United States of America v. Dennis Mahon

Criminal Law The panel filed (1) an order amending its opinion, denying petitions for panel rehearing and rehearing en banc, and denying a motion to stay; and (2) an amended opinion affirming convictions under 18 U.S.C. § 844(i) and (n) for a pipe bomb explosion at the City of Scottsdale Office of Diversity and Dialogue.

In its amended opinion, the panel explained that an intrinsically no... More...
   $0 (10-21-2015 - CA)

Oxy USA, Inc. v. Red Wing Oil

In January 1945, Frank Luther obtained the northeast quarter of a section of land in Haskell County (the northeast quarter), which was subject to an existing lease for the production of oil and gas. Shortly thereafter, in April 1945, Luther sold the 160-acre tract to E.W. Rahenkamp. In his deed to Rahenkamp, Luther reserved a one-half interest in the mineral rights for a period of 20 years "or as ... More...   $0 (10-19-2015 - KS)

Del Bartel and Dale Thurgood v. David C. West

On December 17, 2009, Appellants and the company they own, High Desert, LLC, filed suit against David Fisher, Constance Millet, and Rocky Mountain Title Insurance Agency of Lincoln County, alleging breach of contract, intentional and negligent misrepresentation, fraud, and other claims arising from an unfulfilled real estate purchase agreement. Appellants alleged that High Desert was the seller of... More...   $0 (10-19-2015 - WY)

Wilbur and Kathryn Hardy, v. State Land Board

The State Land Board and the Department of State Lands (collectively, the state) appeal a judgment of the circuit court setting aside the board’s declaration of ownership of the bed and banks of the Rogue River between river miles (RM) 68.5 and 157.51 under the process established in ORS 274.400 to 274.412. It also appeals a supplemental judgment awarding petitioners their attorney fees and costs... More...   $0 (10-19-2015 - OR)

Green Valley Landowners Association v. City of Vallejo

In this class action comprised of nonresident water customers, plaintiff Green Valley Landowners Association filed a complaint seeking to preserve its alleged right to continue receiving water at reasonable rates from an historical water delivery system owned and operated by defendant City of Vallejo (City). The trial court sustained the City’s demurrer as to all 12 causes of action contained in ... More...   $0 (10-18-2015 - CA)

Del Bartel and Dale Thurgood v. David C. West

On December 17, 2009, Appellants and the company they own, High Desert, LLC, filed suit against David Fisher, Constance Millet, and Rocky Mountain Title Insurance Agency of Lincoln County, alleging breach of contract, intentional and negligent misrepresentation, fraud, and other claims arising from an unfulfilled real estate purchase agreement. Appellants alleged that High Desert was the seller of... More...   $0 (10-15-2015 - WY)

Paul Edward Hudson v. Dallas County, et al.

Appellant Paul Edward Hudson, appearing pro se, appeals the trial court’s judgment ordering the recovery of delinquent property taxes by appellees Dallas County, City of Dallas, Dallas Independent School District, Dallas County Community College District, Dallas County School Equalization Fund, and Parkland Hospital District (collectively “the taxing units”). The judgment further ordered the sale ... More...   $0 (10-14-2015 - TX)

Sandeep Nanda v. Corey Huinker

Appellant Sandeep Nanda filed a breach of contract action against appellee Corey Huinker in relation to Nanda’s purported agreement to purchase real property from
1 Pursuant to a docket-equalization order issued by the Supreme Court of Texas, this appeal has been transferred to this Court from the Third Court of Appeals in Austin, Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through... More...
   $0 (10-14-2015 - TX)

Save Mt. Diablo v. Contra Costa County

Real parties in interest Ronald and Shirley Nunn bought a large tract of agricultural property in Contra Costa County. The tract was recorded as a single parcel, but it actually consisted of four separated parts of unequal size. These parts were formed years before the Nunns bought the property when a local agency acquired through eminent domain two narrow strips of land crossing the property an... More...   $0 (10-13-2015 - CA)

Levi Family Partnership, L.P. v. City of Los Angeles

After the South Valley Area Planning Commission (Commission) declined to approve an eldercare facility proposed by appellant Levi Family Partnership, appellant sought administrative mandamus against respondent City of Los Angeles (City). In denying mandamus, the trial court concluded that the Commission’s findings were adequate to support its decision. We affirm the judgment entered by the court... More...   $0 (10-13-2015 - CA)

Lead Hill v. Ozark Mnt. Reg'l Pub. Water Auth

On November 12, 2012, Ozark began supplying potable water to Lead Hill, and Lead
Hill paid for the water. On August 16, and September 16, 2013, Ozark sent Lead Hill
monthly invoices. The invoices totaled $10,555.02, which included a late fee of $51.99.
However, Lead Hill did not pay those invoices. On October 15, 2013, Lead Hill notified
Ozark that the Lead Hill City Council ha... More...
   $0 (10-12-2015 - AR)

Levi Family Partnership v. City of LA

The principal issues concern the application of Los Angeles Municipal Code section 14.3.1, which the Los Angeles City Council enacted in 2006. Prior to the enactment of that provision, developers seeking to build eldercare facilities often had to obtain several permits or variances. (Walnut Acres Neighborhood Assn. v. City of Los Angeles (2015) 235 Cal.App.4th 1303, 1306 (Walnut Acres).) In 20... More...   $0 (10-12-2015 - CA)

United States of America v. Robert Kaiser

Louisville, KY - Shepherdsville, Kentucky, Man Guilty Of Embezzling Over $800,000 From His Employer

Manipulated accounting entries to hide his theft

A Shepherdsville, Kentucky, man who was charged with embezzling more than $800,000 from his employer during a seven year period.

Robert Kaiser, 58, pleaded guilty on October 8, 2015, in U.S. District Court, before District J... More...
   $0 (10-09-2015 - KY)

Gray, Ritter & Graham, PC; Wolf Haldenstein Adler Freeman & Herz, LLC; Neblett Beard & Arsenault, LLP; Don M. Downing; and Adam J. Levitt v. Goldman Phipps PLLC f/k/a Goldman Pennebaker & Phipps, PC; Mikal C. Watts, PC; and Murray Law Firm

Appellants, Gray, Ritter & Graham, P.C. (“GRG”), Wolf Haldenstein Adler Freeman
& Herz LLC (“WHAFH”), Neblett Beard & Arsenault LLP (“NBA”), Don M. Downing, and
Adam J. Levitt, appeal the trial court’s denial of their special appearances. Appellants
served as leadership counsel representing the plaintiffs in multidistrict litigation in federal
court against Bayer CropScience L.P. a... More...
   $0 (10-08-2015 - TX)

Ratna Vasireddy Babu v. Ingrid N. Zeeck

Ingrid N. Zeeck filed this suit against Ratna Vasireddy Babu alleging a breach
of contract over Babu’s attempt to convey real property located in Odessa. Zeeck
2
asserted that Babu breached Zeeck’s purported right of first refusal concerning a
conveyance of the subject property. Zeeck requested a temporary injunction to
enjoin Babu from selling the property to a third party dur... More...
   $0 (10-08-2015 - TX)

Alice Ruth Peters, independent executrix for the Estate of Jo Alice Stout, et al v. Jerry Bob Young and wife, Karen Elaine Young

This is an appeal from a final judgment in which the trial court, based on the
jury’s answers, ordered Jo Alice Stout and Jack L. Stout1 to specifically perform
1Jack L. Stout and Jo Alice Stout died during the pendency of this suit. Alice Ruth Peters, the
independent executrix for the Estate of Jo Alice Stout, was substituted for Jo Alice Stout. The Estate of
Jack L. Stout was rep... More...
   $0 (10-08-2015 - TX)

United States of America v. Dwight Lincoln Hammond, Jr., Steven Dwight Hammond

SUMMARY***
Criminal Law
On appeals by the government, the panel vacated
sentences for maliciously damaging the real property of the
United States by fire, in violation of 18 U.S.C. § 844(f)(1),
and remanded for resentencing, in cases in which the
defendants set fires on their ranch land that spread to public
land.
The panel rejected the defendants’ contention that t... More...
   $0 (10-08-2015 - OR)

Michael Bloom v. Sandra M. Swango

Michael Bloom appeals the probate court’s judgment declaring heirship, arguing in his first two issues that the probate court did not have jurisdiction to make a determination of heirship because Sandra M. Swango failed to allege and prove all the required statutory elements. In his third issue, Bloom contends that, because the probate court did not have jurisdiction, the probate court’s judgment ... More...   $0 (10-05-2015 - TX)

Wagner Interior Supply of Wichita, Inc. v. Dynamic Drywall, Inc

The underlying facts are undisputed and uncomplicated. In September of 2012, Wichita Hospitality Group, LLC entered into an agreement with Puetz Corporation ("Puetz") for Puetz, as general contractor, to design and construct a Holiday Inn Express & Suites Hotel ("the Hotel") in Wichita, Kansas. Puetz subcontracted a portion of the work to Dynamic Drywall, Inc. ("Dynamic"), and paid Dynamic $271,2... More...   $0 (10-04-2015 - KS)

Financial Freedom Acquisition, LLC v. Standard Bank and Trust Company

On July 9, 2009, Mary Jane Muraida (Mary) and Standard entered into a consumer credit transaction for an adjustable rate home equity conversion mortgage, also known as a reverse mortgage, along with an adjustable rate note with Marquette National Bank.2 The note was secured by a condominium located at 10420 South Circle Drive, Unit 21B, Oak Lawn, Illinois, which was the property held in Trust No. ... More...   $0 (10-03-2015 - IL)

State Of Nebraska v. Jackson

Kena G. Jackson was convicted of possession of a controlled substance with enhancement pursuant to the habitual
- 910 Nebraska advaNce sheets 291 Nebraska reports STATE v. JACKSON Cite as 291 Neb. 908 criminal statute.1 On June 9, 2004, Jackson was sentenced by the district court to 10 to 15 years’ imprisonment, with 196 days credit for time served. The Department erroneously discharged Jacks... More...
   $0 (10-02-2015 - NE)

Joyce Janette Riddle v. City of Abilene

Joyce Janette Riddle1 appeals the order of the trial court in which the trial
court granted the City of Abilene’s plea to the jurisdiction on her premises defect
claim against the City. Riddle argues, in her sole issue, that the trial court erred
when it granted the plea to the jurisdiction because she raised a question of material
1Donald Wayne Riddle provided an affidavit in this... More...
   $0 (10-01-2015 - TX)

Robert Robinson v. Wells Fargo Bank, N.A.

Kenneth Houston purchased a home in 2007 and executed a note, securing the note with a deed of trust. Houston died less than a year later. The Bank purchased the property at a nonjudicial foreclosure sale. At the time of Houston’s death and thereafter, Robert Robinson and Mary Edmiston lived in the residence. The Bank filed a forcible detainer action against Robinson and Edmiston in justice court ... More...   $0 (09-30-2015 - TX)

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