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Easement Law
 
Ali Al-Fayez, et al v. Baycliffs Homeowners Association, Inc., et al.







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Appellees are the owners of Lot 99 in the Baycliff... More...
   $0 (11-10-2018 - OH)

Thee Sombrero, Inc. v. Scottsdale Insurance Company

Thee Sombrero, Inc. (Sombrero) owns a commercial property in Colton. Pursuant
to a conditional use permit (CUP), Sombrero’s lessees operated the property as a
nightclub called El Sombrero. Crime Enforcement Services (CES) provided security
2
guard services at the nightclub. In 2007, after a fatal shooting at the nightclub, the CUP
was revoked and replaced with a modified CUP, ... More...
   $0 (10-27-2018 - CA)

Phil Kerpen v. Metropolitan Washington Airports Authority

Appellants here have raised a variety of constitutional and statutory challenges to
Metropolitan Washington Airport Authority’s (MWAA) ability to use toll revenues to
fund projects enhancing access to Dulles airport. The district court granted defendants’
motion to dismiss all of these claims, and we now affirm its judgment.
I.
In 1950, the federal government began to build Dul... More...
   $0 (10-24-2018 - va)

Alex Cheveldave v. Tri Palms Unified Owners Association

Tri Palms Unified Owners Association (the Association) is a group of
homeowners in the Tri-Palms Estates.
There is a recreation facility adjacent to the TriPalms
Estates, and homeowners pay a fee for that recreation facility. In 2014, in
bankruptcy proceedings, Kort & Scott Financial Group, LLC (K&S) was the successful
bidder on the recreation facility. The Association entered... More...
   $0 (10-04-2018 - CA)

CONNIE WATKINS AND RICHARD WATKINS V. ARKANSAS DEPARTMENT OF AGRICULTURE





Nearly twenty years ago, appellants and PLWC first clashed regarding the method in
which PLWC was trimming trees on appellants’ property during its power-line
maintenance. The dispute escalated in 2006. It was then that PLWC commissioned More...
   $0 (10-03-2018 - AR)

CITY OF ALBUQUERQUE A municipal corporation v. SMP PROPERTIES, LLC. and R. MICHAEL PACK







{2} We refer to the property in question as the Hawkins Property, which is 1

owned by SMP Properties, LLC (SMP) and Michael Pack, the owner and manager 2

of SMP (collectively, Defendants). The undisputed facts are as fol... More...
   $0 (10-01-2018 - NM)

Wendy Younger v. El Paso County Emergency Services District No. 2 and El Paso County, Texas

Wendy Younger purchased the lot at issue in the Montana Vista area in 1997. She purchased the property as part of an agreement between the Paso View Christian Association and the Montana Vista Volunteer Fire Department. Due to a rash of fires and resulting property loss in the area, the Association donated two lots on Kyle Road to the Fire Department in exchange for the department building a... More...   $0 (09-02-2018 - TX)

Deborah Mclear-Gary v. Emrys Scott Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Deborah McLear-Gary appeals from a judgment declaring her prescriptive and
implied easement extinguished by adverse possession. She contends the trial court erred
in finding that defendants Emrys Scott, Freyja Scott and Sophia Scott (the Scotts)
established an essential element of adverse possession—the “timely” payment of taxes
during the five-year statutory period. (See Code Civ.... More...
   $0 (07-12-2018 - CA)

UNITED STATES OF AMERICA v. CARLTON TYRONE NASH

Nash is a convicted felon with a long criminal history. On March 22, 2016, Nash
broke into a residence and threatened Keeaira Pitts, Michael Robinson, and Cortlin
Turmon with a Galesi .25 caliber pistol. Although Nash was wearing a Hillary Clinton
mask when he first entered the residence, the mask fell off during the incident. Pitts,
Robinson, and Turmon recognized Nash from... More...
   $0 (07-02-2018 - SC)

Lourdest T. Archblod-Garrett and David L. Garrett v. New Orleans City, Metro Durr Group Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Without prior notice, the City of New Orleans demolished a building
along the IH-10 service road that plaintiffs had recently purchased at a tax
sale. Yet two days before the demolition, the City actually cancelled the Code
Enforcement lien on the property, which it obtained after sending notices only
to the owner from 18 years earlier. When the Garretts objected to the
demolit... More...
   $0 (06-25-2018 - LA)

BRIAN RUSSELL and BRENT FLANDERS, Trustee of the BRENT EUGENE FLANDERS and LISA ANNE FLANDERS REVOCABLE FAMILY TRUST v. TREANOR INVESTMENTS, L.L.C. and 8TH & NEW HAMPSHIRE, L.L.C., MORELAW Legal Services Marketing Your Source For Marketing Your Firm Nationwide . Completely Free Marketing If It Does Not Work.

In April 1997, Winter, Inc. (Winter) executed and recorded an OEA relating to the development and operation of two adjacent parcels of land it owned on the east side of New Hampshire Street between 7th and 8th Streets in Lawrence. Winter planned for a Borders Bookstore and a parking lot to be constructed on the first parcel, which was described as the "'Borders Parcel.'" The second parcel, where W... More...   $0 (06-06-2018 - KS)

Paul Chmielewski, et al. v. The City of St. Pete Beach Middle District of Florida Federal Courthouse - Tampa, Florida

In this appeal of an inverse condemnation action, Defendant-Appellant the City of St. Pete Beach (“the City”) challenges a jury verdict in favor of Plaintiffs Katherine A. Chmielewski and Paul Chmielewski, as personal representative of the estate of Chester Chmielewski (“the Chmielewskis”). The underlying dispute involves a beachfront parcel, owned by the Chmielewskis, which experienced significan... More...   $0 (05-21-2018 - FL)

Shelly Albert v. Truck Insurance Exchange

Good fences make good neighbors. Unless they obstruct an
easement.
Shelly Albert’s neighbor, Henri Baccouche, sued her for
“abatement of private nuisance,” alleging Albert had erected and
refused to remove a fence that partially blocked the only road
leading to Baccouche’s undeveloped property. Albert tendered
Baccouche’s complaint to her homeowners and umbrella insurers,More...
   $0 (05-19-2018 - CA)

Erik J. Hansen v. Sandridge Partners, L.P.

Respondent and cross-appellant Erik Hansen and several relatives (the “Hansens”)
own about 382 acres of farmland in Tulare County (APN 291-010-009; the “09 parcel”).
Appellant and cross-respondent Sandridge Partners, L.P., (Sandridge) owns an adjacent
parcel of about 250 acres (APN 291-010-005; the “05 parcel”).1
This case centers around
approximately 10 acres on the southwest... More...
   $0 (05-02-2018 - CA)

BLOK BUILDERS, LLC d/b/a IKON BUILDERS, a Florida limited liability company, Appella nt, v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC., a Florida corporation, and BELLSOUTH TELECOMMUNICATIONS, LLC, d/b/a AT&T FLORIDA

We deny Appellant’s Motion for Clarification, Rehearing and/or Rehearing En Banc, withdraw the previous opinion and substitute the following opinion in its place.

Blok Builders, LLC, appeals a final judgment determining that Blok owes Mastec North America, Inc., and BellSouth Telecommunications, LLC, contractual indemnity and a defense in a personal injury action, as well as awarding a... More...
   $0 (05-01-2018 - FL)

BIG SANDY COMPANY, L.P. v. EQT GATHERING, LLC and EQT PRODUCTION COMPANY

The majority of the facts are undisputed. On August 1, 2003, Big Sandy
entered into a Pipeline Easement Agreement (the Agreement) with Kentucky
West Virginia Gas Company, LLC (KWVA). KWVA is EQT's predecessor in
interest. In the Agreement, Big Sandy. granted KWVA an easement for the
construction, operation, and maintenance of a pipeline. The parties refer to the ·
·pipelin... More...
   $0 (04-27-2018 - KY)

Eldon E. Johnson v. API Properties, LLC Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Good easements do not always make good neighbors.
And, as the present case makes clear, neither does sharing a bucolic lakeshore in the northern
reaches of Michigan. Defendant APJ Properties, LLC (“APJ”), and the Pamela B. Johnson Trust
(the “Trust”),1 neighboring landowners on Round Lake in Charlevoix, Michigan, have sparred in
court for more than a decade. Today we decide whether... More...
   $0 (04-05-2018 - MI)

Jonathan Arvizu v. City of Pasadena

Plaintiff and Appellant Jonathan Arvizu sued the City of
Pasadena after he fell over a retaining wall located beside a
recreational trail in the City’s Arroyo Seco Natural Park,
resulting in devastating personal injuries. Arvizu had entered the
Park in the dark, pre-dawn hours, while it was closed, in order to
go “ghost hunting” with a group of friends. While taking a
short... More...
   $0 (03-24-2018 - CA)

Maria J. Barahona, et al. v. Union Pacific Railroad Central District of California Federal Courthouse - Los Angeles, California

For more than half a century, the Union Pacific Railroad
(“Union Pacific”) has leased land under 1,800 miles of its
right of way to Santa Fe Pacific Pipelines, L.P. (“SFPP”),
which uses the land for a petroleum pipeline. In a suit by
landowners challenging Union Pacific’s ability to lease the
land, the district court held that (1) the acts of Congress
conferring the right o... More...
   $0 (02-09-2018 - CA)

Rodney Keister v. Stuart Bell, John Hooks, Mitchell Odom Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Rodney Keister appeals the district court’s denial of a preliminary injunction. Mr. Keister sought to enjoin University of Alabama (“UA”) officials from applying UA’s grounds use policy to the intersection of University Boulevard and Hackberry Lane. Application of this grounds use policy prevents him from speaking on UA’s campus unless he complies with its terms. Because the district court properl... More...   $0 (01-23-2018 - AL)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
million.
HART filed a motion for summary adj... More...
   $0 (12-14-2017 - CA)

KAMO ELECTRIC COOPERATIVE, INC. v. CURTIS L. NICHOLS and LORI D. NICHOLS

Kamo and K-Powernet sought a power line/telecommunications easement across approximately 3.9 acres of rural land that was used primarily for cattle. The parties were unable to agree on a negotiated price, and a condemnation proceeding ensued. The appointed commissioners found that the value of the property taken, plus damages to the remainder, totaled $20,000. Both parties objected, and the matter... More...   $0 (11-22-2017 - OK)

GLORIA J. JACKSON, et al. v. THE UNITED STATES

In September 1889, the Georgia legislature granted the Eatonton & Machen Railroad Company a charter to “construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State . . . .” Pls.’ Mot. Summ. J. App. C, at C-4. The railroad’s charter incorporated Section 1689(l) of the Georgia Code, stating: <... More...   $0 (11-21-2017 - )

Patrick Dwayne Murphy v. Terry Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondent’s Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

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