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Easement Law
 
Jason Ditzian v. Steve Unger




In June 2016, respondents filed suit against appellant, seeking to establish a
prescriptive easement allowing them to cross appellant’s parcel on a path leading to
MacKerricher State Park. Respondents’ complaint alleged that in October 2015 appellant

1 All undesignated stat... More...
   $0 (01-25-2019 - CA)

Save Our Sound OBX, Inc. v. North Carolina Department of Transportation




Appellants Save Our Sound OBX, Inc. and its members, residents and vacationers from North Carolina’s Outer Banks, (collectively “SOS”) challenge the decision of the North Carolina Department of Transportation (the “NCDOT”), the Federal Highway Administration (the “FHWA”), and thei... More...
   $0 (01-23-2019 - NC)

GBRB PROPERTIES, LLC v. PATRICIA A. HILL and DAVID L. HILL and SERGIO RAYMONDO and MARIA G. AMADOR, Husband and Wife, and SERGIO'S PORTABLE WELDING, INC




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More often than not, when you buy real estate in Kansas, there are strings attached to the property. These strings often come in the ... More...
   $0 (01-22-2019 - KS)

Loren Prout v. Department of Transportation

Loren Prout filed an inverse condemnation action, alleging Department of
Transportation (Caltrans) violated the Fifth Amendment of the United States Constitution
in 2010 by physically occupying without compensation a long, narrow strip of Prout’s
land fronting State Highway 12, to make highway improvements. The land taken was a
1.31-acre strip, 20 feet wide and about 6,095 feet lon... More...
   $0 (01-13-2019 - CA)

Marcia W. Davilla v. Enable Midstream Partners, L.P.





Enable Intrastate Transmission, LLC owns and operates a natural gas
pipeline that crosses Indian allotted land in Anadarko, Oklahoma. A twenty-year
easement for the pipeline expired in 2000. Enable failed to renew the easement
but also failed to remove t... More...
   $0 (01-10-2019 - OK)

Lynda Hoffman v. Superior Ready Mix Concrete, LP

Plaintiff Lynda Hoffman owns 28 acres of land (the property), a portion of which is
used to grow plants for an intended nursery. The property is adjacent to a 211-acre rock
quarry (the quarry) owned by National Quarries Enterprises LLC and operated by Superior
Ready Mix Concrete L.P. (together SRM). After Hoffman prevailed in a trespass action
2
against SRM, the trial court aw... More...
   $0 (12-20-2018 - CA)

Ray L. Olin, et al. v. Dakota Access, L.L.C.





Plaintiffs, a group of landowners from Morton County, North Dakota, entered
into easement contracts with Dakota Access, LLC, to allow construction of the Dakota
Access Pipeline across their properties. They brought suit alleging that they were
... More...
   $0 (12-17-2018 - )

Hopi Tribe v. Arizona Snowbowl Resort, et al.





¶1 Private parties may bring public nuisance claims in Arizona if the alleged
nuisance caused the plaintiff special injury, meaning “damage [that is] different in kind
or quality from that suffered by the public ... More...
   $0 (11-30-2018 - )

Enable Oklahoma Intrastate Transmillion, LLC v. 25 Foot Wide Easement, et al.





Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district
court’s dismissal of its case for lack of subject matter jurisdiction and for failure to
join an indispensable party. Enable also challenges the amount of attorney fees the
... More...
   $0 (11-20-2018 - OK)

Ronald DeCoster v. Waushara County Highway Department and Waushara County, Wisconsin




When Waushara County set out to improve a rural highway, a dispute erupted about
who owned a tract of land on which Ronald DeCoster had
erected a fence. The County maintained that it owned the
land or at least had a transportation easement tha... More...
   $0 (11-18-2018 - WI)

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)

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