In this appeal we consider whether the circuit court erred in sustaining a demurrer filed by a landlord and its agent, when a tenant claimed to have suffered personal injuries and property damage as a result of misrepresentations and negligent repairs.

William M. Sales (Sales) filed a complaint against Kecoughtan Housing Company (Kecoughtan) and Abbitt Management, Inc. (Abbitt) alleging one... More...   $0 (02-25-2010 - VA)

On February 5, 2005, the plaintiff was seriously injured when she fell while trying to traverse an area of frozen slush at the condominium complex where she lived. She filed a negligence action against the condominium association that owned the complex (the owner). After trial in Superior Court, the jury returned a special verdict that found that the ice hazard was open and obvious and that the pl... More...   $0 (02-25-2010 - MA)

The underlying claims at issue in these appeals, asserted pursuant to 42 U.S.C. § 1983 and state law, arise out of the fatal shooting of an arrestee by a Fairfax County, Virginia, police officer. Defendant Deval Bullock, the officer who fired the fatal shot, noted an interlocutory appeal in No. 09-1042 from the district court’s denial of summary judgment on the ground of qualified immunity. More...   $0 (02-22-2010 - VA)

Marn Suzanne Larsen-Ball and William Gordon Ball were married on August 12, 1989, in Knox County, Tennessee. Prior to the marriage, Ms. Ball worked in retail management. After the parties were married, she became a stay-at-home mother to the parties’ two children, born April 22, 1990, and April 26, 1991. At the time of the marriage, Mr. Ball, a former Assistant United States Attorney, had been p... More...   $0 (02-22-2010 - TN)

In this condemnation action involving property located at

1501 Palisade Avenue, Union City, plaintiff, New Jersey Schools

Construction Corporation (plaintiff or SCC),1 challenges certain

rulings of the Law Division on in limine motions: (1)

determining that the value of the improvements to the property

made after the owner, defendant David Lopez, receiv... More...   $0 (02-19-2010 - NJ)

James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola, and Manny Espinola appeal from an order granting the City of Houston’s plea to the jurisdiction. We reverse and remand.

Background

Appellants own residential un... More...   $0 (02-18-2010 - TX)

Alyssa Burrage sued Gibson Sotheby’s International Realty on a fraud theory claiming that she was misled by the defendant when it concealed from her that the downstairs neighbor at the condominium that she bought smoked cigarettes. Plaintiff claimed that he smoke from the unit below her unit aggravated her asthma. Burrage, age 32, claimed that she noticed the smoke when they visited the condo in... More...   $0 (02-17-2010 - )

This appeal stems from the trial court’s determination that Zuehl Airport Flying Community Owners Association (the Association) improperly increased the owners’ monthly assessments under the Declaration of Covenants, Conditions and Restrictions for Zuehl Airport Flying Community (the Declaration). On appeal, the Association asserts the assessments complied with Section 3(c) of the Declaration... More...   $0 (02-15-2010 - TX)

General contractor Fortney & Weygandt, Inc. (“Fortney�) appeals the district court’s decision that its insurers—defendants American Mutual Ins. Co., et al.

Manufacturers Mutual Insurance Company, American Motorists Insurance Company, and Lumbermens Mutual Casualty Insurance Company (collectively, “AMICOâ€�)—had no duty to defend Fortney in third-party litigation arising out of a... More...   $0 (02-12-2010 - OH)

This appeal arises from a declaratory judgment involving the construction of restrictive covenants and the levy of fees by a property owners= association. Upon construing the applicable covenants, the trial court rendered judgment against Jim Hill and in favor of Sportsman=s World Recreational Association, Inc. The trial court declared that the Association may levy assessments against individual... More...   $0 (02-04-2010 - TX)

Jan Aikin appeals a final summary judgment entered against her in the lawsuit she filed seeking declaratory relief and rescission of the residential purchase contract she entered into with WCI Communities, Inc. (WCI). In her complaint, Ms. Aikin sought rescission of the contract based on WCI's alleged failure to comply with the reporting and registration requirements of the Interstate Land Sales F... More...   $0 (02-03-2010 - FL)

Plaintiffs filed a complaint for injunctive relief in the circuit court of Grundy County pursuant to section 11 of the Illinois Freedom of Information Act (Act) (5 ILCS 140/11(a) (West 2006)). Defendant filed a motion to dismiss pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2006)) on the grounds plaintiffs’ complaint is barred by section 9-20 of the... More...   $0 (01-29-2010 - IL)

Maryland Code (1974, 2006 Repl. Vol.), § 5-101 of the Courts and Judicial
Proceedings Article (CJ) provides:

"Three-year limitation in general.

"A civil action at law shall be filed within three years from the date it
accrues unless another provision of the Code provides a different period of
time within which an action shall be commenced."
Maryland Code (1975, 2... More...   $0 (01-15-2010 - M)

The plaintiff, Our Savior Evangelical Lutheran Church (Our Savior or the church), applied for (1) a site plan review of its proposed new building addition, parking lot, and driveway, or, in the alternative, (2) a special use permit for the same improvements to the church's property. After the defendants, Michael B. Saville, Mayor pro tem; the City Council of the City of Aurora; the City of Aurora;... More...   $0 (12-31-2009 - IL)

[¶1] A. William Lucas appeals from an amended judgment dismissing his action against Riverside Park Condominiums Unit Owners Association under the federal Fair Housing Act and the state Housing Discrimination Act for failing to grant him an accommodation for his disability, and awarding the Association its costs and attorney fees. We conclude the district court did not err in granting summary jud... More...   $0 (12-22-2009 - ND)

The defendant, 523 Wheelers Farm Road, Milford, LLC, a developer exercising special declarant rights in Southwick at Milford Condominium, a common interest community created pursuant to the Common Interest Ownership Act (act),1 General Statutes § 47-200 et seq., appeals2 from the judgment of the trial court rendered in favor of the plaintiff, Southwick at Milford Condominium Association, Inc. The... More...   $0 (12-22-2009 - CT)

Worthington Communities, Inc., and Ohio Casualty Insurance Co. appeal the final judgment and amended final judgment entered against them in this personal injury action arising out of a construction accident. On cross-appeal, the Mejias raise a standing argument as to Ohio Casualty and two arguments directed to the judgments.

We affirm the final judgment in all respects. While we have carefu... More...   $0 (12-17-2009 - FL)

[¶1] Garrison City Broadcasting, Inc. appeals from a judgment of the Superior Court (York County, Fritzsche, J.), following a jury-waived trial, finding that York Obstetrics & Gynecology, P.A. was not liable for a fraudulent transfer under the Uniform Fraudulent Transfer Act, 14 M.R.S. §§ 3571-3582 (2008). Garrison asserts that York Obstetrics did not produce sufficient evidence to prove the af... More...   $0 (12-16-2009 - ME)

Donald and Sheila Albano sued Milestones Financial Services, Inc., and Allen Jones on a beach of contract theory claiming that defendants failed to pay for an interest in SnowResorts Hospitality Group, a condominium rental company, that they purchased. Plaintiffs claimed that Defendants defaulted on the contract after their business failed.

Plaintiffs claimed that Defendants made an initia... More...   $924500 (12-12-2009 - V)

Fernwoods Condominium Association #2, Inc. (“Fernwoodsâ€�), a condominium association, appeals the order denying its motion for new trial and the amended final judgment which followed. We find no merit to Fernwoods’ argument that the orders must be reversed because when they were issued, Fernwoods’ post-trial motion to disqualify was pending. Here, the trial judge ruled orally before any mot... More...   $0 (12-09-2009 - FL)

A shared sewer pipe is the cause of this dispute between neighboring Newport property owners. The defendants, Daniel Greer, Sarah Greer, and Rebecca Bartlett f/k/a Rebecca Durand, appeal from a Superior Court summary judgment entered in favor of the plaintiff, Charles Vaillancourt. The judgment permanently restrained and enjoined the defendants from maintaining the sewer pipe across the plaintiffâ... More...   $0 (11-25-2009 - RI)

In this personal-injury case, appellant Susan McGee Mullins appeals from an order by which the trial court struck her pleadings and dismissed her case with prejudice as a discovery sanction. Concluding the trial court did not abuse its discretion by imposing a case-determinative ("death-penalty") sanction, we affirm.

I

On May 8, 2006, Mullins sued appellees Briarwick Condominium... More...   $0 (11-24-2009 - TX)

In this quiet title adverse possession case, we review and affirm a judgment of the court of appeals.1 B.B. & C. Partnership ("BB&C") obtained a summary judgment in the trial court quieting its title to the property identified as parking space 21 of the Edelweiss Condominiums ("Edelweiss") located in Vail, Colorado. Relying on the color of title adverse possession statute, section 38-41-108, C.R.S... More...   $0 (11-24-2009 - CO)

Palm Beach Polo Holdings, Inc. timely appeals a final money judgment entered in favor of Equestrian Club Estates Property Owners Association, Inc. awarding attorney’s fees pursuant to a proposal for settlement. This

Court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).

Appellee, Equestrian Club Estates Property Owners Association, Inc. (Association) owns a private road which ... More...   $0 (11-18-2009 - FL)

WCI Communities, Inc. (WCI), appeals the trial court's award of a final summary judgment in favor of Colin Stafford. Mr. Stafford sued to rescind a contract to purchase a condominium-townhouse (unit) from WCI and for the refund of his deposit.

We reverse and remand for further proceedings.1

In September 2005, Mr. Stafford contracted to buy a $616,790 unit. The unit was located in a p... More...   $0 (11-13-2009 - FL)