http://www.morelaw.com Easement Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SC89936&s=MO&d=42021 The Watsons brought actions for ejectment, trespass, quiet title and the establishment of an easement by prescription against the Menses regarding parcels of farmland. The trial court found in favor of the Watsons. The trial courts judgement as to ejectment damages is reversed. The trial court is required to enter a more definite legal description of the new borderline between the partys par Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-3376&s=IL&d=42010 In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word after because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=10-08-00204-CV&s=TX&d=41978 Crosstex North Texas Gathering, L.P. appeals the trial courts dismissal of Crosstexs condemnation proceeding after granting Fort Worth & Western Railroad Companys and Cen-Tex Rural Rail Transportation Districts plea to the jurisdiction. We reverse and remand. Crosstex sought to place a natural gas pipeline under a railroad right-of-way of tracks owned by Cen-Tex and operate Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-13210&s=AK&d=42052 When William Rodgers sold Lot 53-A in Ketchikan to Marvin and Arlene Lani Davis in 1984, he reserved an easement1 across that lot to access the adjacent lot, Lot 52, which he apparently had hoped to buy at a future date. But Rodgers never used the easement to access the adjacent property, and the Davises planted a garden covering most of the easement area and built a greenhouse within the easement Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=56,2008&s=DE&d=41948 In this second appeal from the Superior Court, Reserves1 seeks a reversal of the trial judges reduction in damages awarded to Reserves for breach of contract and misrepresentation. Reserves argues that the trial judge erred when he offset damages based on conclusions that were unsupported by the record and the product of an illogical deductive process. With the exception of the offset of $5,461 Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-12207&s=AK&d=42055 A property owner leased gravel mining rights to a lessee. The lessee in turn leased its rights to a sublessee. The sublessee assumed the lessees duty to pay royalties to the property owner and agreed to pay overriding royalties to the lessee. The lessee later assigned the overriding royalties to an assignee. After more than a decade of operating under these arrangements, the sublessee purchased Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C-13160&s=AK&d=42054 A municipality sought land through eminent domain to expand its water treatment plant. The property owner objected to the taking because: it would close off an access route to her remaining property; the municipality had not dedicated replacement access in a binding way; and the municipality sought a fee simple interest, rather than an easement, in the portion of the land to be used as an undevelo Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%20CIV%20APP%2089&s=OK&d=42003 1 Defendants, Merlen and Nancy Suttles, appeal the trial court's order granting Plaintiffs, Arnold and Wynema Johnson, an easement of necessity across Defendants' property to the upper portion of Plaintiffs' land. We affirm as modified herein.BACKGROUND2 In April 2006, Plaintiffs purchased a 75-acre tract of land located in Carter County, Oklahoma. The tract is located directly east and south Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-12770&s=AK&d=41735 This appeal addresses a dispute between Jeffrey Labrenz and Shane and Jill Burnett over the use of land described in an easement. Labrenz has a driveway easement over the Burnetts land, and in building his driveway, Labrenz installed decorative rocks, shrubs, trees, a fence, and a gate on the Burnetts property. The superior court agreed with Labrenz that the slope of the Burnetts land nec Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%20CIV%20APP%2083&s=OK&d=41998 1 In this condemnation action, the State of Oklahoma ex rel. Department of Transportation (ODOT) appeals the trial court's May 29, 2008, Journal Entry of Judgment, granting attorney fees, appraisal fees, engineering fees, and costs to the appellee landowner, Gary Minor (Minor).1 Minor requests attorney fees for this appeal. After reviewing the facts and applicable law, we affirm and remand for f Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-08-00273-CV&s=TX&d=41671 In this appeal, we must determine whether the language of a deed is ambiguous and whether the deed reserved mineral rights to the grantor. The district court held the deed unambiguously reserved to the grantor all the minerals. Footnote We affirm.BackgroundOn January 24, 1993, appellants Cynthia A. Houchins and Darrell E. Houchins and appellee Phillip H. Trew, Sr. signed a contract for sale of ap Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3003&s=ks&d=41745 In this diversity action, John Gates alleges that the presence of Sprint Spectrums telecommunications equipment on his property constitutes a trespass. The district court granted summary judgment to Sprint on the basis that the alleged injury took place prior to Mr. Gatess acquisition of the property and that, absent an assignment, a cause of action for trespass belongs only to the property Wed, 14 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=C059291&s=CA&d=41724 David Nielsen and his wife Tricia brought this action against Guy Gibson, in his capacity as executor of the estate of Bettyan Gayl Bender (Gayl), and her heirs to quiet title to property adjacent to the Nielsen home (the property, or the subject property). Following an unreported court trial, the court found the Nielsens had established they had acquired the subject property through adverse posse Tue, 13 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=CA&d=41623 Howard Wells, Edward Hill and Don Morrison sued San Bernardino County on an inverse condemnation theory claiming that property that they owned on the northwest corner of Pepper Avenue and Valley Boulevard in Colton, directly west of the county-run Arrowhead Regional Medical Center, was damaged as a result of it was landlocked by the County. They claimed that they lost the ability of develop or sel Sat, 10 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=14-05-00254-CV&s=TX&d=41821 Warwick Towers Council of Co-Owners (the ACouncil@) (SIC - The Fourteenth District publishes its reports online with letters substituted for certain characters.), acting by and through St. Paul Fire & Marine Insurance Company, appeals from a summary judgment granted in favor of Park Warwick L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C (collectively, the AHotel Appellee Thu, 8 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=CV-07-0453&s=AZ&d=41725 1 Plaintiffs (the Farmers) appeal the trial courts denial of their motions for judgment as a matter of law (JMOL) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (the District). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F Thu, 8 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S-08-0102&s=WY&d=41611 [1] Appellees/Intervenors, Robert and Gisela Baltensperger (the Baltenspergers), applied for and were granted the necessary permits allowing them to construct a barn/equestrian center on their property in Teton County, Wyoming. Appellants, Ernest and Martha Anderson (the Andersons), objected to the construction permits and appealed to the Board of County Commissioners of Teton County Thu, 8 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=80873-2&s=wa&d=41605 This case arises out of a condemnation action for a way of private necessity. It asks us to determine whether, under RCW 8.24.030, the trial court had the discretion to require the original condemnee to pay an alternative condemnees attorney fees and to reduce the original condemnees award of attorney fees due to the alternative condemnees involvement in the action. Fred and Faith Noble ( Thu, 8 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=9-504%20/%2009-0276&s=IA&d=41717 This property dispute involves easements that were granted several decades ago by an owner of riverfront property along the Mississippi River. Because we agree with the district courts resolution of the relevant legal and factual questions, we affirm the judgment below.I. Facts and Procedural History.In 1964 Ray and Meta Kellogg acquired 2.07 acres bordering the Mississippi River just south Wed, 7 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008AP2168&s=WI&d=41698 Donald and Judy Armstrong appeal a judgment dismissing their action under Wis. Stat. 805.17(1).[1] The trial court concluded that the land over which the Armstrongs sought a prescriptive easement was wild and unimproved under Wis. Stat. 893.28(3).[2] Based on the evidence, the trial court determined that Francis and Joyce Fischer were entitled to the statutory presumption of permissive use Tue, 6 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SD%2029364%20&%20SD29412&s=MO&d=41561 This is a case of neighboring landowners and their real estate disputes, mainly about deed restrictions and an easement. The appeal and cross-appeal involve three of the eight counts bench-tried below. We consider the evidence in the light most favorable to the judgment, which we must affirm unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erro Tue, 6 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2-08-496-CV&s=TX&d=41553 In three issues, Appellants Vineyard Village, Ltd. and Vineyard Village MSV, LLC (AVineyard@) complain that the trial court erred by granting summary judgment for Appellees Univest Properties, Inc. and Yorkshire West Realty Advisors, L.P.,[2] by excluding Vineyard=s summary judgment evidence, and by awarding attorneys= fees to Univest and Yorkshire. We affirm. II. Factua Fri, 2 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2-07-403-CV&s=TX&d=41554 Appellants Cen-Tex Rural Rail Transportation District and Fort Worth & Western Railroad Company filed this interlocutory appeal from the trial court=s orders denying their pleas to the jurisdiction in three separate pipeline condemnation cases brought by appellees Worsham-Steed Gas Storage, L.P., Cowtown Pipeline Partners LP, and Enbridge Gathering (NE Texas Liquids), L.P. The primary issue we mu Thu, 1 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A135218&s=OR&d=41597 The Commissioner of the Bureau of Labor and Industries (BOLI) filed this action against the Urban Renewal Agency of the City of Salem (Urban Renewal) and others, alleging that workers who performed construction on a hotel were not paid prevailing wages under Oregon's Prevailing Wage Rate Law, former ORS 279.348 to 279.380.(1) After the parties filed cross-motions for summary judgment, the trial c Wed, 30 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-P-282.&s=MA&d=41456 A judge of the Land Court entered a summary judgment declaring that easement language was in essence a view easement that permits the defendants to cut vegetation in order to maintain their view. The plaintiff appeals. We affirm.Background. The original plaintiff, Richard Stafursky, is the founder and president of World Species List--Natural Features Registry Institute (World Species). World Speci Tue, 29 Sep 2009 00:00:00 CST