Condominium Law
 
Pamela Cristina Martinez, Maria Salvade, et al. v. South Bayshore Tower, LLLP

Appellants ("Purchasers") seek reversal of an adverse summary judgment in favor of South Bayshore Tower, L.L.L.P. ("the Developer"). Based upon accord and satisfaction, we affirm.

The Developer and the Purchasers entered into pre-construction condominium contracts and the Purchasers gave the Developer a ten percent deposit of the total purchase price. Thereafter, the Developer abandoned the ... More...   $0 (03-05-2008 - FL)

Wheeler-Dealer, Ltd. v. Roger Christ, individually and d/b/a R&R Building Investments

The plaintiff, Wheeler-Dealer, Ltd., filed a two-count amended complaint in the instant action seeking, in count I, reformation of a deed conveying all of lot 4 of Massey's Addition to Fairmont, a subdivision in Blue Island, Illinois (Lot 4). Count II, pled in the alternative to count I, sought rescission of the same deed.

Following a bench trial, the circuit court entered judgment in f... More...   $0 (03-04-2008 - IL)

Grandview Palace Condominium Association, Inc. v. City of North Bay Village, et al.

Grandview Palace Condominium Association ("the Association") petitions this Court for a writ of prohibition and/or certiorari relief against the City of North Bay Village ("the City") and its chief building inspector, Paul A. Gioia ("Gioia"). We grant the writ of prohibition.

The Association is the developer-controlled association for Grandview Palace Condominium ("the Condominium"). During ... More...   $0 (02-22-2008 - FL)

Ajay Shah, et al. v. City of Farmington Hills, et al.

In this garnishment action, Ford Motor Company (Ford) appeals as of right the trial court's May 31, 2006 order and judgment entered in favor of Oxford Estates Condominium Association (Association), which incorporated by reference the trial court's May 9, 2006 opinion and order. We reverse the trial court's May 9, 2006 opinion and order, vacate the May 31, 2006 order and judgment, and remand fo... More...   $0 (02-21-2008 - MI)

John Sullivan and Carolyn Sullivan v. The Standard Fire Insurance Company

This 11th day of February 2008, it appears to the Court that: (1) Appellants-plaintiffs John and Carolyn Sullivan appeal a Superior Court decision granting summary judgment to appellee-defendant, The Standard Fire Insurance Company (SFIC). The Sullivans claim that the trial judge erred as a matter of law by interpreting the language of the insurance policy to exclude damages to personal prope... More...   $0 (02-11-2008 - DE)

Richard C. Litman, etc., et al. v. Toll Bros., Inc.

Richard Litman, as trustee for Litman Law Offices, Ltd. ("Litman"), appeals the district court's grant of summary judgment to Toll Brothers, Inc. ("Toll"), in this dispute between Litman and Toll stemming from an agreement for the sale of redevelopment property in Arlington County, Virginia. For the reasons articulated below, we affirm.

I.

The essential facts are undisputed, and t... More...   $0 (02-06-2008 - VA)

Ellen Palmer, et al. v. Friendly Ice Cream Corporation

The sole issue raised by this appeal is whether an order denying class certification is an appealable final judgment. The plaintiffs,1 thirty-seven persons employed as waiters or waitresses by the defendant, Friendly Ice Cream Corporation, appealed from the order of the trial court to the Appellate Court, which dismissed the appeal for lack of a final judgment. We granted the plaintiffs' pe... More...   $0 (02-05-2008 - CT)

Fourth La Costa Condominium Owners Association v. Barbara Seith

Barbara Seith appeals an order the trial court entered that reduced the percentage of votes necessary to amend the Fourth La Costa Condominium Owners Association's (Owners Association) Declaration of Covenants, Conditions and Restrictions (CC&R's) (Civ. Code,1 § 1356) and Bylaws (Corp. Code, § 7515). Seith challenges the order on the grounds the underlying vote was invalid because it was by ma... More...   $0 (01-31-2008 - CA)

VG Marina Management Corporation v. Frank Wiener

Defendant, Frank Wiener, appeals from the trial court's orders granting summary judgment to plaintiff, VG Marina Management Corporation, on its complaint for rent and awarding plaintiff attorney fees incurred in bringing the complaint. On appeal, defendant contends that (1) the award of attorney fees violates section 5--12--140(f) of Chicago's Residential Landlord and Tenant Ordinance (the RLT... More...   $0 (01-25-2008 - IL)

William J. Pasquina v. Maurie F. Cunningham

This bankruptcy case requires us to decide whether the post-petition sale of the debtor's home, for which he had obtained a homestead exemption under the law of Massachusetts protecting it from creditors, causes the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to pre-petition, nondischargeable debt. We conclude that the proceeds from the sale of the... More...   $0 (01-22-2008 - MA)

Sally A. Matsuda, et al. v. City and County of Honolulu

We are called upon to determine whether the United States Constitution imposes any limit on the City of Honolulu's power to repudiate a contract to convey property to a private citizen in connection with its leasehold conversion program.

I A

In 1991, the City and County of Honolulu (the "City") enacted an ordinance, later codified at Chapter 38 of the Revised Ordinances of H... More...   $0 (01-19-2008 - HI)

Roger Szewczyk v. the Board of Fird and Polic Commissioners of the Village of Richmond, Illinois, et al.

Plaintiff, Roger Szewczyk, served as a sergeant in the Village of Richmond (Village) police department from 1995 to 1999. In 1999, Kevin Brusek, then the Village president, appointed him police chief. In 2005, Brusek sent plaintiff a letter announcing that he was "terminated" from office. After three votes, the five members of the Village board of trustees voted four to one to end plaintiff's ... More...   $0 (01-18-2008 - IL)

Berloni S.p.A. v. Della Casa, LLC

In a breach of contract action for goods sold, the trial court reduced an award to the appellant for what the appellee claimed were amounts covered by partial releases. The court also refused to award prejudgment interest to the appellant. We hold that the trial court erred in reducing the award and in not awarding prejudgment interest from the date of the filing of the complaint.

Berlo... More...   $0 (01-12-2008 - FL)

Manuel Grife v. Allstate Floridian Insurance Company

Appellant Manuel Grife appeals the district court's order granting judgment on the pleadings to Allstate Floridian Insurance Company ("Allstate") in this putative class action. After review, we affirm. Grife owns a unit at the Admiral's Port Condominiums in North Miami Beach, Florida. Grife has a homeowner's insurance policy for his condominium unit (his "owner's policy") with Allstate. ... More...   $0 (01-12-2008 - FL)

Nicole Tortoriello v. Gerald Nissan of North Aurora, Inc. and J.P. Morgan Chase Bank

Defendants, Gerald Nissan of North Aurora (Gerald Nissan) and J.P. Morgan Chase Bank (J.P. Morgan), appeal the judgment of the trial court denying their motions to stay court proceedings and compel arbitration pursuant to an arbitration clause in an automobile purchase agreement signed by Gerald Nissan and plaintiff, Nicole Tortoriello. The trial court denied defendants' motions because i... More...   $0 (01-11-2008 - IL)

Manuel Grife, etc. v. Allstate Floridian Insurance Company

Appellant Manuel Grife appeals the district court's order granting judgment on the pleadings to Allstate Floridian Insurance Company ("Allstate") in this putative class action. After review, we affirm. Grife owns a unit at the Admiral's Port Condominiums in North Miami Beach, Florida. Grife has a homeowner's insurance policy for his condominium unit (his "owner's policy") with Allstate. ... More...   $0 (01-10-2008 - FL)

Pond Run Watershed Association, etc. v. Township of Hamilton Zoning Board of Adjustment and Crestwood Construction, LLC

Plaintiffs, several residents of Hamilton Township ("the Township") and a watershed preservation advocacy group, seek to invalidate numerous use and bulk variances the Township's Zoning Board of Adjustment ("the Board") granted to a developer, Crestwood Construction, LLC ("Crestwood" or "the developer"). The variances authorized Crestwood to build on a 10.9-acre site a mixed-use project... More...   $0 (01-10-2008 - NJ)

Navasota Resources, L.P. v. First Source Texas, Inc., et al.

Navasota Resources, L.P. filed suit to enforce a preferential right provision in a joint operating agreement it had with First Source Texas, Inc. The trial court granted summary judgment motions filed by: (1) First Source, its parent company Gastar Exploration Texas, L.P., and other related entities; and (2) Chesapeake Energy Corp. and two related entities. The court denied a summary judgment... More...   $0 (01-09-2008 - TX)

ASAP Storage, Inc., etc, et al. v. The City of Sparks

This appeal arises from a storm-induced flood that occurred in Sparks, Nevada, on January 1, 1997. During the storm, respondent City of Sparks (the City) evacuated appellants' businesses, barricaded the street entrance to their businesses, and denied them access to their businesses. Consequently, appellants were unable to remove their property before the flood waters destroyed it.... More...   $0 (01-09-2008 - NV)

In Re: Williamson Village Condominiums

Williamson Village Partners, LLC (Plaintiff) is a commercial real estate firm. Plaintiff purchased a tract of land in Iredell County on 30 August 1999, with the intent of constructing two commercial condominium buildings (Buildings One and Two) on the property. Each building was to contain three condominium units. Before Plaintiff began construction on Building One, Ben S. Thomas, T. Michae... More...   $0 (01-04-2008 - NC)

Emerald Pointe Property Owners' Association, Inc. v. Commercial Construction Industries, Inc.

Emerald Pointe is a senior citizens community consisting of both villas and condominium buildings. Appellant Emerald Pointe Property Owners Association, Inc. (hereinafter referred to as Emerald Pointe POA) is responsible for maintaining all of the roofs in the Emerald Pointe community. On September 25, 1998, Emerald Pointe and Appellee Commercial Construction Industries, Inc. (hereinafter ref... More...   $0 (01-02-2008 - FL)

E&J Lounge Operating Company, Inc., et al. v. Liquor Commission of the City and County of Honolulu

This secondary appeal by Appellant-Appellee/ Cross-Appellee E & J Lounge Operating Company, Inc. (E&J) from the denial of a liquor dispenser general license (liquor license) raises two issues: (1) whether Appellee-Appellant/Cross-Appellee Liquor Commission of the City and County of Honolulu (the Commission) was required to hold a "contested case" hearing in accordance with Hawaii Revised Stat... More...   $0 (12-29-2007 - HI)

Dorothy Shuford v. Fidelity National Property & Casualty Insurance Company

The two main questions in this appeal involve the timeliness of a proof of loss for an insurance policy issued under the National Flood Insurance Program and whether a related tort claim of bad faith refusal to pay is preempted by federal law. Dorothy Shuford appeals the summary judgment against her complaint regarding the denial of her claim for benefits under a Standard Flood Insurance Po... More...   $0 (12-21-2007 - AL)

Stafford-Smith, Inc. v. Intercontinental River East, LLC

Plaintiff Stafford-Smith, Inc., appeals from the order of the circuit court granting defendant Intercontinental River East, LLC's (IRE's) motion to dismiss count I of Stafford- Smith's complaint to foreclose a mechanic's lien against property now owned by IRE. On appeal, Stafford-Smith contends that the trial court erred in dismissing its complaint against IRE because IRE is an "owner" an... More...   $0 (12-19-2007 - IL)

Greensleeves, Inc. v. Philip B. Smiley, Sr., et al.

Justice Robinson for the Court. The plaintiff, Greensleeves, Inc., appeals to this Court from the entry of judgment in favor of the defendant, Eugene W. Friedrich.1 This case came before the Court for oral argument on October 1, 2007, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering ... More...   $0 (12-13-2007 - RI)

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