The defendant Dorothy A. Smulley,1 a unit owner in the Oronoque Shores condominium complex in Stratford, appeals from the judgment of the trial court foreclosing a lien for unpaid common charges, unpaid special assessments and attorney’s fees in this action brought by the plaintiff, Oronoque Shores Condominium Association No. 1, Inc. (association). The contested issues before the trial court,2 a... More...   $0 (05-04-2009 - CT)

The defendant, Vincent Grillo, appeals from the judgment of the trial court, Sferrazza, J., denying his motion to open the judgment rendered against him pursuant to a hearing in damages. On appeal, the defendant claims that the trial court, Hon. Lawrence C. Klaczak, judge trial referee, abused its discretion by failing to grant his motion to set aside the default entered for failure to plead. We a... More...   $0 (05-04-2009 - CT)

Plaintiff seeks recovery under an insurance policy for damage to its building that resulted from an excavation on an adjacent lot. We hold that policy exclusions for "earth movement" and "settling [or] cracking" did not unambiguously remove this event from the policy's coverage.

I

Plaintiff is the owner of a condominium apartment building. After cracks began appearing in the building... More...   $0 (04-30-2009 - NY)

¶1 Melissa Michelle Marsden, a/k/a Melissa Michelle Worley and John Jace Worley, defendants below, appeal from the judgment against them entered by the District Court of the Fourth Judicial District, Missoula County, the Hon. Douglas G. Harkin presiding. We affirm.

¶2 The Worleys present the following issues for review:

¶3 Issue One: Whether the District Court erred in finding... More...   $0 (04-21-2009 - mt)

Plaintiff/Counter-Defendant the City of Flint (for convenience, hereinafter “Flint”) appeals as of right the trial court’s judgment in favor of Defendants/Counter-Plaintiffs Chrisdom Properties, Ltd, and James Crawley (“Chrisdom” and “Crawley”1). We affirm.

This case arises out of a downtown housing development in the City of Flint. Trial testimony was lengthy and detailed, bu... More...   $0 (04-21-2009 - CA)

Defendant appeals a judgment enforcing an oral agreement for the conveyance of an interest in real property. Although defendant advances seven assignments of error, we write only to address defendant's contention that the statute of frauds prohibits the agreement's enforcement, rejecting defendant's other assignments of error without discussion. Because we conclude that plaintiff demonstrated pa... More...   $0 (04-15-2009 - OR)

A condominium owner appeals a judgment striking her pleadings, entering a default, and directing the issuance of a writ of possession in favor of another entity. She argues that the trial court erred in a series of orders that led to the entry of the judgment. She argues, among other issues, that the trial court lacked jurisdiction to enter the order on appeal. We agree and reverse.

This ca... More...   $0 (04-08-2009 - FL)

The plaintiff, Centimark Corporation (Centimark), commenced this action against the defendant, Village Manor Associates, Limited Partnership (Village Manor), seeking, inter alia, to foreclose a mechanic’s lien that it had placed on Village Manor’s real property after Village Manor had failed to pay Centimark for services rendered in installing a roof. Village Manor, alleging problems with the ... More...   $0 (04-07-2009 - CT)

We certify to the California Supreme Court the questions set forth in Part II of this order. The answer to the certified questions depend upon California law, and the answers are determinative to the outcome of the present appeal. We find no clear controlling precedent in the decisions of the California Supreme Court. The answer provided by the California Supreme Court to the certified questions w... More...   $0 (04-04-2009 - CA)

“All frauds, like the wall daubed with untempered mortar, with which men think to buttress up an edifice, always tend to the decay of what they are devised to support.”1 A closing attorney’s misappropriation of money is the genesis of this appeal. The litigation arises out of the embezzlement of funds entrusted to former attorney Lawrence S. Groff during the course of two real estate closin... More...   $0 (03-27-2009 - RI)

* * * ¶2 Spouses Gloria and Steven MacHutta (collectively, "the MacHuttas") each currently own one condominium unit in the Apple Valley Gardens condominium complex. Steven MacHutta developed the complex in the late 1970s. The declaration of condominium, recorded in July 1979 to establish the condominium (the "declaration"), contained no restriction regarding rental of the units. However, on Decem... More...   $0 (03-27-2009 - WI)

¶1 In A.B.C.G. Enterprises, Inc. v. First Bank Southeast, N.A., 184 Wis. 2d 465, 515 N.W.2d 904 (1994), the Wisconsin Supreme Court considered whether claim preclusion barred a mortgagor’s mortgage-related claims against a mortgagee where the mortgagee was previously granted numerous default judgments of foreclosure. See id. at 471. The court held that the mortgagor “was required to countercl... More...   $0 (03-24-2009 - WI)

In 2006, Appellant City of Atlanta filed suit against Appellee Hotels.com, L.P., and several other online travel companies (“OTCs”)1 seeking recovery for the OTCs’ alleged liability for unpaid hotel occupancy taxes. Following the trial court’s dismissal of the City’s action, the Court of Appeals affirmed based on lack of subject matter jurisdiction due to the City’s failure to exhaust ... More...   $0 (03-23-2009 - GA)

¶1 Allright Properties, Inc., paid real property taxes assessed by the City of Milwaukee for the years 2004 and 2005, then sued, pursuant to WIS. STAT. § 74.37(3)(d) (2005-06),1 “to recover that amount of general property tax imposed because the assessment of property was excessive.” See § 74.37(1). After a long court trial, the trial court issued a detailed written opinion2 concluding that... More...   $0 (03-10-2009 - WI)

Plaintiff Taylor Acquisitions, LLC, sought to build a residential condominium development in the City of Taylor (the “City”). It entered into an agreement with the City to purchase City-owned property for the development. It also expended considerable amounts of time and money meeting with City officials and preparing and revising the required site plans for the project. Just as everything was... More...   $0 (02-19-2009 - MI)

Plaintiffs and appellants Larry and Camille Calemine appeal from a summary judgment entered in favor of defendant and respondent Walter Samuelson (Samuelson).

The trial court ruled that Samuelson, the seller of a condominium purchased by appellants, met his burden to show the absence of a triable issue of fact concerning his disclosure of facts relating to water intrusion. We reverse. While... More...   $0 (02-17-2009 - CA)

In 1974, a developer, Valley View Village South, Inc., acquired land, created a subdivision and recorded a plat of land that is the subject of this dispute. In 1975, the developer recorded a Declaration of Covenants, which provided for establishment of a property owners’ association known as Valley View Village South Improvement Association, Inc.; that association was incorporated as a Missouri ... More...   $0 (02-16-2009 - MO)

Alan G. Carnrite and Carnrite Real Estate Holdings, LLC (“Carnrite”) appeal the district court’s grant of summary judgment in favor of Randolph D. Gale and his wife, Debra E. Gale, as Co-Trustees of the Gale 2000 Trust (“the Gales”), on the Gales’ breach of contract claim. The Gales cross-appeal the ruling on attorneys’ fees. For reasons we explain below, we REVERSE and RENDER judgme... More...   $0 (02-12-2009 - TX)

This appeal involves the scope of a lake-access easement. Tamara Partridge as trustee of the Tamara L. Partridge Revocable Trust and Debra L. Partridge as trustee of the Debra L. Partridge Declaration of Trust (the Partridges) have an easement over the riparian servient estate Chris Georges owns. Georges appeals the judgment concluding that the Partridges’ easement entitles the Partridges to pla... More...   $0 (02-11-2009 - WI)

Construction problems led the plaintiff condominium owners, Board of Managers of Wespark Condominium Association (Wespark), to sue the defendant builders, Neumann Homes, Inc. (Neumann), and the builders in turn filed a third-party complaint against TBS Construction, Inc. (TBS), the third-party defendant subcontractor. The trial court found the third-party complaint timely under section 13-204 of t... More...   $0 (01-29-2009 - IL)

In this insurance coverage suit, appellant Mid-Continent Casualty Co. (“Mid-Continent”) sued appellees JHP Development, Inc. (“JHP”) and TRC Condominiums, Ltd. (“TRC”), seeking a declaratory judgment that it had no duty to defend or indemnify JHP or pay any damages awarded to TRC in a state court suit between those two parties stemming from JHP’s defective construction of a five-unit... More...   $0 (01-28-2009 - TX)

After a homeowner's policy lapsed for nonpayment of premium, the mortgagee, Option One Mortgage Corporation (Option One), as authorized by the mortgage agreement, obtained insurance at the mortgagor's expense covering loss or damage to the structure. The policy did not contain liability coverage. A dog owned by the mortgagor's daughter, a resident in the home, bit a neighborhood child. The... More...   $0 (01-22-2009 - NJ)

Appellants, Ally Cat, LLC, a/k/a KidzLife Pediatrics, and Dr. Stephanie Russell, appeal as a matter of right from an April 2008 order of the Court of Appeals denying them intermediate relief against an opinion and order by Appellee, Judge A.C . McKay Chauvin of the Jefferson Circuit Court. Appellee's order mandated that Appellants enter into an arbitration proceeding with the Real Parties in Inter... More...   $0 (01-22-2009 - KY)

The pertinent facts are undisputed. In 2003, Eastern Shore Development Corporation (ESDC), as contract purchaser of a 48.25-acre parcel of land in Northampton County, submitted an application for the rezoning of a part of the land from the “A1” (Agricultural 1) zoning district to the “CD-R1” (Community Development – Single-Family Residential) zoning district. The Board of Supervisors of ... More...   $0 (01-16-2009 - VA)

The plaintiffs, Frederick Carrozza, Sr. (Frederick, Sr.), Phillip Carrozza, Freida Carrozza, and Laurie Carrozza-Conn (collectively plaintiffs) appeal from the Superior Court’s grant of a motion for summary judgment in favor of the defendants, Michael Voccola, in his capacity as executor of the Estate of Frederick Carrozza, Jr., Angela Giguere, and Christine Giguere-Carrozza (collectively defend... More...   $0 (01-15-2009 - RI)