Condominium Law
 
Mikob Properties, Inc., Allan Klein, and Mitchell Kobernick v. David Joachim, International Realty Concepts, Inc., and H.S. Joachim Family Limited Partnership LTD.

This breach of contract case arises out of a settlement agreement negotiated by business
people who were represented by counsel. Appellants assert five issues that present three areas of
dispute: (i) whether the trial court erroneously dismissed appellants’ claim that the appellees
breached a settlement agreement by pursuing a lawsuit not mentioned in the settlement
agreement; (i... More...
   $0 (05-19-2015 - TX)

Vista Golf, LLC v. Vista Royale Property Owners Association

Vista Golf, LLC appeals a final judgment entered after trial in its action for declaratory and injunctive relief to nullify or limit protective covenants applicable to a golf course. Vista Golf argues that the trial court properly invalidated two covenants (an Operation Covenant and a Unity of Title Covenant), but improperly rewrote the Operation Covenant and added a restriction that the property ... More...   $0 (05-18-2015 - )

United States of America v. Fabian Terran Murray

ATLANTA – Fabian Terran Murray, a/k/a “Shooter,”--one of five men charged in two related cases involving the pimping of three 14-year-old girls and a 16-year-old girl at hotels in Atlanta, Georgia, and elsewhere-- was sentenced to 17 years, nine months in federal prison. This sentencing brings to a close the prosecution of the two sex-trafficking conspiracies.

Defendants Joshua Thomas Hi... More...
   $0 (05-13-2015 - GA)

Colleen C. Piccone v. John W. Bartels, Jr.

Following an encounter between the
parties, Defendant, a local police chief, called Plaintiffs'
employer to complain about their behavior during the incident.
Plaintiffs filed suit, alleging, inter alia, slander and
interference with advantageous business relations. The district
court granted summary judgment to Defendant on both counts. We
affirm.
I. Background
Col... More...
   $0 (05-12-2015 - MA)

Frank Cafferkey v. City and County of San Francisco

The San Francisco Assessor-Recorder’s Office (Assessor-Recorder) assesses
taxable property within the county and records legal documents. (Gov. Code, § 27231;
Rev. & Tax. Code, § 401.)1
The Assessor-Recorder maintains two different sets of maps
in its office: (1) assessor’s maps or block book maps, which are used to locate and
identify property for tax assessment purpose... More...
   $0 (05-08-2015 - CA)

Frank Cafferkey v. City and County of San Francisco

The San Francisco Assessor-Recorder’s Office (Assessor-Recorder) assesses taxable property within the county and records legal documents. (Gov. Code, § 27231; Rev. & Tax. Code, § 401.)1 The Assessor-Recorder maintains two different sets of maps in its office: (1) assessor’s maps or block book maps, which are used to locate and identify property for tax assessment purposes (assessor’s maps)... More...   $0 (05-08-2015 - CA)

Shirley K. Mock v. Rodney Ruthrauff

Tulsa, OK - Shirley K. Mock sued Rodney Ruthrauff on a premises liability theory claiming:

1. SHIRLEY K. MOCK was at all times pertinent hereto a resident at Florence Park Apartment Homes, in the vicinity of 3109 East 25th Place, Tulsa, Tulsa County, Oklahoma.
2. Defendant RODNEY RUTHRAUFF was at all times pertinent hereto a esident of Tulsa County, state of Oklahoma, and was the owne... More...
   $0 (05-05-2015 - OK)

Mary McCulley v. U.S. Bank of Montana

¶1 U.S. Bank of Montana (hereinafter U.S. Bank or the Bank) appeals from the
judgment entered by the Eighteenth Judicial District Court, Gallatin County, following a
jury trial. In 2006, Mary McCulley (McCulley) purchased a condominium in Bozeman
and sought a 30-year residential financing loan from Heritage Bank, predecessor to U.S.
Bank, in the amount of $300,000. In June 2009, M... More...
   $0 (04-14-2015 - MT)

Gerry Mihas v. Youssef Chtioui, New City Cab Company, Moon Kyu Lee, Sun Taxi Association, Inc., Sun Financial Services, Inc. and John Bin Lee

Chicago, IL - Gerry Mihas sued Youssef Chtioui, New City Cab Company, Moon Kyu Lee, Sun Taxi Association, Inc., Sun Financial Services, Inc. and John Bin Lee on auto negligence theories claiming to have been injured and damaged as a direct result of being hit by a taxi while crossing Schiller Street at its intersection with Clark Street in downtown Chicago. Defendant, Chtioui, was drving a taxi i... More...   $350000 (04-01-2015 - IL)

Ken Watts v. Oak Shores Community Association

Here we hold, among other things, that homeowners associations may adopt reasonable rules and impose fees on its members relating to short term rentals of condominium units.
Two owners of one lot in a common interest development and one of two owners of another lot brought an action challenging regulations and fees adopted by the homeowners association. The association cross-complained against... More...
   $0 (03-24-2015 - CA)

Twin Towers Condominium Association, Inc. v. Bel Fury Investments Group, LLC

Bel Fury Investments Group, L.L.C. (Bel Fury), owns property located in the Twin Towers Condominium in Omaha, Nebraska. After Bel Fury failed to pay assessments for this property (Unit SCB), the Twin Towers Condominium Association, Inc. (the Association), recorded two notices of lien and filed a foreclosure action. When the Association filed the notices of lien and the complaint, it was levying as... More...   $0 (03-13-2015 - NE)

Louis A. Fiore and Jean H. Fiore v. Richard O. Hilliker

Louis A. Fiore and his wife, Jean H. Fiore, challenge the declaratory
decree entered by the trial court in favor of Richard O. Hilliker subsequent to the trial
court's granting of Hilliker's motion for summary judgment. The resulting final judgment
- 2 -
determined that Hilliker's property was no longer subject to certain deed restrictions of
record. We reverse.
Prior to 19... More...
   $0 (03-13-2015 - FL)

CK Regalia, LLC, etc., et al. v. John Thornton and Do Campo & Thornton, P.A.

CK Regalia, LLC, Abraham Cohen and La Mansion, LLC (collectively “the
Former Clients”) appeal an order dismissing their complaint against John Thornton
and Do Campo & Thornton, P.A. (collectively “Do Campo & Thornton”) with
prejudice. For the reasons that follow, we affirm.
FACTS AND BACKGROUND
Do Campo & Thornton entered into three separate contingency fee
agreemen... More...
   $0 (03-11-2015 - FL)

Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the “underlying judgment”) in a separate underlying lawsu... More...   $0 (03-03-2015 - TX)

WSB Investments, LLC v. Pronghorn Development Company, LLC

Plaintiff WSB Investments, LLC owns an interest
in a timeshare unit at the Residence Club at Pronghorn
Villas Condominiums and, as a consequence of that ownership,
is a member of the associated nonprofit homeowners
association, the Residence Club at Pronghorn Villas
Condominiums Owners Association (the Res Club). When
the timeshare development, and the management of it byMore...
   $0 (02-25-2015 - OR)

Robert Primo v. Benito Y. Garza and Briar Green Condominium Association

Robert Primo brought this suit to challenge the validity of an agreement between Briar Green Condominium Association and Benito Y. Garza, settling Garza’s wrongful foreclosure suit. Among other settlement terms, Briar Green
2
agreed to waive Garza’s obligation to pay condominium maintenance fees for a
period of two years.
After Garza and Briar Green settled, Primo brought this ... More...
   $0 (02-24-2015 - TX)

Ryland Meews Homeowners Association v. Ruben Munoz

In this dispute between defendant Ruben Munoz and plaintiff Ryland Mews Homeowners Association (HOA or Association), plaintiff obtained a preliminary injunction requiring Munoz to remedy the unauthorized modification of the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contends that the superior court improperly balanced the prospective ... More...   $0 (02-20-2015 - CA)

Villa de Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. v. Michael Stewart and Carrie Stewart

This is an interlocutory appeal from an order denying a motion to compel arbitration. In five issues, appellants Villa De Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. contend that the trial court erred
1See Tex. R. App. P. 47.4.
2
by denying their motion to compel arbitration and for a stay of all other trial court proceedings pending arbitration. We r... More...
   $0 (02-20-2015 - TX)

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)

Forrest Lake Townhouse Association, Inc. v. Billy R. Martin

This is a dispute between a homeowner and his neighborhood homeowners’ association. In three issues, Forrest Lake Townhouse Association appeals summary judgment on its lawsuit for damages and injunctive relief against homeowner Billy
2
Martin for flying the American flag in violation of the HOA’s guidelines. We affirm.
Background
Martin owns a townhome in Forrest Lake Townhomes... More...
   $0 (01-27-2015 - TX)

Cogswell Farm Condominium Association v. Tower Group, Inc.

In this declaratory judgment proceeding, the petitioner, Cogswell Farm Condominium Association (Cogswell), appeals an order of the Superior Court (McHugh, J.) finding that two exclusions in the insurance
2
policies issued by the respondents, Tower Group, Inc. (Tower) and Acadia Insurance Company (Acadia), preclude coverage in the petitioner’s underlying lawsuit against Lemery Building Co... More...
   $0 (01-13-2015 - NH)

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)

William M. McDermott v. Marcus, Errico, Emmer & Brooks, P.C.

We are, once again, called upon
to interpret and apply the Massachusetts consumer protection
statute, Mass. Gen. Laws ch. 93A ("Chapter 93A"). This case has
humble origins: a seemingly-simple dispute over several $25 late
fees the Pondview Condominium trustees charged to one of their
residents, appellant William McDermott ("McDermott"), after he
didn't pay his condominium f... More...
   $0 (12-29-2014 - MA)

South Commons Condominium Association v. Charlie Arment Trucking, Inc.

On June 1, 2011, a devastating
tornado struck the City of Springfield, Massachusetts. The twister
ripped through the downtown area and caused a great deal of damage.
Among the buildings affected were the South Commons Condominiums.
This appeal concerns the lawsuit the owners of those buildings
brought against the City, its officials, and one of its
contractors.1
The own... More...
   $0 (12-23-2014 - MA)

United States v. Marva Adorno-Molina

Appellant Marva Adorno-Molina
("Adorno") was convicted on drug trafficking conspiracy and money
laundering charges related to her involvement in a wide-ranging
drug trafficking organization led by Angel Ayala-Vazquez ("Ayala").
Adorno challenges her drug conspiracy conviction on sufficiency
grounds. She also argues that her money laundering conviction
should be vacated purs... More...
   $0 (12-19-2014 - PR)

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