Condominium Law
 
Center for Biological Diversity; Friends of Fawnskin v. Marina Point Development Co., et al.

Marina Point Development Associates, Okon Development Co., Oko Investments, Inc., Northshore Development Associates, L.P., Irving Okovita, Site Design Associates, Inc., Ken Discenza, VDLP Marina Point L.P. and Venwest Marina Point, Inc. (collectively “Marina Point”) appeal the district court’s judgment on the merits in favor of Center for Biological Diversity and Friends of Fawnskin (collect... More...   $0 (08-06-2008 - CA)

Stamford Landing Condominium Association, Inc. v. Charlene Lerman, et al.

The defendant Charlene Lerman1 appeals from the judgment of the trial court, rendered in favor of the plaintiff, Stamford Landing Condominium Association, Inc., in an action to foreclose a statutory lien for an unpaid debt levied against her pursuant to General Statutes § 47-258 of the Common Interest Ownership Act.2 On appeal, the defendant claims that the court improperly concluded that (1) the... More...   $0 (08-04-2008 - CT)

Precision Mechanical Services, Inc. v. T.J. Pfund Associates, Inc., et al.

The plaintiff, Precision Mechanical Services, Inc., appeals from the summary judgment rendered by the trial court in favor of the defendants T.J. Pfund Associates, Inc., and Marianne Pfund.1 The plaintiff claims that the court improperly concluded that there was no genuine issue of material fact and that the defendants were entitled to judgment as a matter of law as to the plaintiff’s counts of ... More...   $0 (08-04-2008 - CT)

Nottingham Manor Owners Association, et al. v. El Paso Electric Company

Appellants, Nottingham Manor Owners Association (the "Association"), Virginia White, and Other Owners of Residential Property in the Nottingham Manor Townhomes, appeal the trial court's denial of its motion for judgment notwithstanding the verdict. Appellants also challenge the factual sufficiency of the jury's verdict. We affirm the judgment of the trial court.

I. BACKGROUND

In ... More...
   $0 (07-26-2008 - TX)

Richard Lopez, et al. v. Imperial County Sheriff's Office, et al.

In separate proceedings, the Imperial County Employment Appeals Board (the Board), affirmed the Imperial County Sheriff Office's (respondent) terminations of Richard Lopez and Rosario Lopez1 (appellants) by tie votes. We hold that the Board's tie votes were the equivalent of a failure to act, and the trial court did not err in remanding the matters for the Board to conduct another vote. Affirmed.<... More...   $0 (07-23-2008 - CA)

Juliann Stiffler v. Continental Insurance Company

The principal issue in this appeal is whether, in an action to recover underinsured motorist benefits, offer of judgment interest awarded pursuant to General Statutes (Rev. to 2005) § 52-192a (b)1 is based on the amount of the jury verdict (verdict amount), or on the amount of the judgment thereon after the trial court orders a remittitur due to the limits of the plaintiff’s underinsured motori... More...   $0 (07-22-2008 - CT)

Irene Sanford v. Watson B. Metcalfe, et al.

This is an appeal from the judgments of the trial court sustaining two appeals from the Probate Court for the district of Greenwich, which refused to authorize a distribution to the plaintiffs, Irene Sandford and Gretchen Pulvermann, in accordance with the will of Mary Jane Watson (decedent). Weaffirm the judgments of the trial court.

The dispute giving rise to this appeal concerns the dist... More...
   $0 (07-18-2008 - CT)

Craig Wm. Black v. Municipality of Anchorage, Board of Equalization

An owner of a condominium unit in a community consisting of singlefamily
homes on large parcels of land appealed the Municipality of Anchorage’s
assessment of property taxes. The owner claims that the Municipality erred by assessing
taxes against the land under and around his stand-alone condominium unit and by
inaccurately assessing the home’s value. The owner’s appeal to th... More...
   $0 (07-18-2008 - AK)

Siena Court Homeowners Association v. Green Valley Corporation, et al.

Respondent Siena Court Homeowners Association (Siena Court) filed a construction defect action against respondents Green Valley Corporation, et al. (Green Valley). Green Valley was the developer of the Siena Court condominium complex. Appellant University Gardens Condominium Owners Association (University Gardens) sought to intervene in the construction defect action on the ground that it had an i... More...   $0 (07-18-2008 - CA)

The Falls Condominiums Owners' Association, Inc. v. Roger E. Sandfort And Sonna R. Sandfort

Roger E. Sandfort and Sonna R. Sandfort ("Appellants") appeal from a judgment by the Circuit Court of Camden County on May 7, 2007, ordering Appellants to pay $13,464.38 in assessments, late fees, attorney's fees, and interest to The Falls Condominiums Owners' Association, Inc. ("Respondent"), as it relates to a property owned by Appellants and a Notice of Delinquent Assessments and Lien filed by ... More...   $0 (07-17-2008 - MO)

Lynne Bloch, Helen Bloch, and Nathan Bloch v. Edward Frischholz and Shoreline Towers Condominiums Association

In September 2001 the Shoreline Towers Condominium Association adopted rules for the hallways of its building at 6301 North Sheridan Road in Chicago. The rules provide, among other things, that “[m]ats, boots, shoes, carts or objects of any sort” may not be placed outside owners’ doors. The rules also prohibit signs on doors or in hallways. Lynne Bloch, who was on the association’s board a... More...   $0 (07-17-2008 - IL)

Anchor Point Condominium Owner's Association v. Fist Tale Properties, LLC, Kiran & Sadeck, LLC, Sadek & Zersen, LLC and Wayne K. Sadek, Jr.

¶1 DYKMAN, J. Anchor Point Condominium Owner’s Association (APCA) appeals from an order granting summary judgment to Fish Tale Properties in APCA’s action for a declaratory judgment and injunction to prevent Fish Tale from using APCA’s piers and boat slips. APCA argues that the trial court erred in finding that the documents granting Fish Tale the right to use APCA’s piers and bo... More...   $0 (07-03-2008 - WI)

Herbert Hicks v. State of Connecticut, et al.

The defendant state of Connecticut1 appeals from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiff, Herbert Hicks, for damages pursuant to General Statutes 52-556,2 which provides a right of action against the state for persons whose injuries are sustained through the negligence of a state . . . employee when operating a motor vehicle owned and insu... More...   $472048 (06-22-2008 - CT)

Marty K. Cole, etc., et al. v. Pratibha P. Raut, M.D., and Dr. Raut & Associates, P.A.

In this medical negligence case, the court of appeals reversed the trial court's general verdict in favor of Petitioner doctor, holding that the trial court erred in instructing the jury on the defense of assumption of the risk. This Court granted certiorari to review the decision of the court of appeals. We reverse the decision of the court of appeals and reinstate the general jury verdict for ... More...   $0 (06-09-2008 - SC)

Casablanca Trax, Inc. v. Trax Records, Inc., et al.

What happens when the parties to a contract put a broad arbitration clause in one document, but include no such clause in a second document providing security for the promises made in the first document? At least under the circumstances of this case, we hold that the parties must submit the question of arbitrability to the arbitrator first, before addressing any claims that may not be subjec... More...   $0 (06-06-2008 - IL)

Eugene F. Field, Jr. and Nancy N. Field v. Armando C. Costa, et al.

1. Plaintiffs in this case are Nancy and Eugene Field, farmers from Connecticut who wanted to purchase a particular Vermont farm. Defendants are four independent parties including: the previous owners of the subject farm, Armando and Maria Costa; the current owners of the farm, Lorenzo and Amy Quesnel; a real estate agency and one of its brokers, Coldwell Banker Bill Beck Real Estate and Richard... More...   $0 (06-06-2008 - VT)

Ocean Harbor House Homeowners Association v. California Coastal Commission

Plaintiff Ocean Harbor House Homeowners Association (Homeowners) sought a costal development permit from defendant California Coastal Commission (the Commission) to build a seawall to protect their condominium complex from erosion that threatened its structural integrity. The Commission granted the permit but as a condition required Homeowners to pay a fee to mitigate the loss of an acre of be... More...   $0 (05-23-2008 - CA)

Philip and Phyllis Sutula and Dr. John Stien v. The Landings Lakeside, LLC and Kevin Owens

Plaintiffs claimed that Defendants breach their contracts with them by not completing the condominiums purchased by them when promised, that defendants made false representations regarding construction, that they failed to notify the plaintiffs that a stop work order was issued by the city of Duluth, and that they had no plan to complete the work in the foreseeable future. Plaintiffs claimed that ... More...   $800000 (05-09-2008 - MN)

Midcoast Cohousing Land Acquisition, LLC v. The Riverhouse Trust

[1] Midcoast Cohousing Land Acquisition, LLC (Midcoast) appeals a summary judgment entered in the District Court (Wiscasset, Westcott, A.R.J.) in favor of Helen Warren Weld and Robert K. Strachan as trustees of the Riverhouse Trust. Midcoast argues that the court erred in concluding that: (1) the doctrine of stranger to the deed does not apply to make unenforceable the restrictive covenant to... More...   $0 (05-01-2008 - ME)

Oleg Rivkin v. Century 21 Teran Realty, LLC, et al.

The United States Court of Appeals for the Second Circuit has certified a question that calls upon us to explore the scope of the fiduciary duty owed by buyer's agents affiliated with a real estate brokerage firm when their principals bid on the same property. We begin with the facts, which are substantially undisputed.

I.

On May 24 or 25, 2004, Oleg Rivkin, a New Jersey resi... More...   $0 (04-26-2008 - NY)

Supreme Laundry Service, LLC v. Hartford Casualty Insurance Company

Supreme Laundry Service, L.L.C. ("Supreme") leases space in condominium and multi-unit apartment buildings for the purpose of installing and maintaining laundry machines for the residents' use. A dispute between Supreme and its main competitor, Coinmach Corporation ("Coinmach"), led to litigation in which Supreme's insurance provider, Hartford Casualty Insurance Company ("Hartford"), refuse... More...   $0 (04-08-2008 - IL)

Wayne Garrison v. CC Builders, Inc. and Clint Cook

[1] CC Builders, Inc. (CC Builders) built Wayne and Pamela Garrison (the Garrisons) a house in Teton County, Wyoming, on a ―cost plus‖ basis. This litigation resulted from the parties' subsequent disagreement as to the reasonable cost of construction. Both parties have appealed from the district court's award of damages and costs to the Garrisons. We affirm in part and reverse in p... More...   $131962 (04-02-2008 - WY)

William Levesque v. Bristol Hospital, Inc., et al.

The plaintiff, William Levesque, brought this action against the defendant Victoria W. Biondi,1 an obstetrician-gynecologist, on behalf of his minor son, Daniel Levesque (Daniel),2 to recover for injuries that Daniel had suffered as a result of the defendant's alleged negligence in connection with Daniel's delivery. A jury returned a verdict in favor of the defendant, and the trial court re... More...   $0 (04-01-2008 - CT)

Ceci Austin v. Bald II, L.L.C.

Bald II, L.L.C., (Defendant), owned and operated by Dr. Francis A. Bald (Dr. Bald) appeals from judgment entered on 2 April 2007 awarding Plaintiff damages in the amount of $1.00, and ordering Defendant to remove the ten foot wooden fence and erect a new fence no higher than six feet. This judgment was based upon a jury verdict determining that Defendant erected a spite fence along Ceci Austin's ... More...   $0 (03-18-2008 - NC)

Ralph Ellenburg v. Spartan Motor Chassis, Inc., et al.

The defendants in this products liability action, which was commenced in South Carolina state court, filed a Notice of Removal in the district court, pursuant to 28 U.S.C. 1441 and 1446, alleging diversity jurisdiction under 28 U.S.C. 1332. Six days later, the district court sua sponte entered an order remanding the case to state court, concluding that the Notice of Removal's allegation ... More...   $0 (03-13-2008 - SC)

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