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Easement Law
 
Ronald Lenn v. Lane County

In this writ of review proceeding, petitioners Ronald
and Kathleen Lenn appeal a judgment of the circuit court
upholding Lane County’s partition of respondent Bottem’s
property and approval of a second home site on that property
under Measure 49 (2007). Petitioners contended in
the trial court that the county erred in approving the partition
because it depends on access fro... More...
   $0 (05-17-2017 - OR)

Leslie Witherspoon Hinriches v. George Melton

How does a landowner whose parcel is landlocked
gain access to the property? In Linthicum v. Butterfield (2009)
175 Cal.App.4th 259 (Linthicum), we held that the trial court
may grant the landowner an equitable easement over a
neighboring property. In Linthicum, the party to whom an
equitable easement was granted had been using a road on
neighboring property for several dec... More...
   $0 (05-08-2017 - )

Jacobo G. Garcia v. American Golf Corporation

In this opinion, we hold that the trail immunity in
Government Code section 831.41 does not immunize a dangerous
condition of a commercially operated, revenue generating public
golf course that causes injury to pedestrians on an adjacent trail.
Consequently, we reverse the summary judgment entered in
favor of City of Pasadena (City) on the claims by Jacobo G. Garcia
(Jacobo... More...
   $0 (05-04-2017 - )

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Bellevue Farm Owners Association v. Chad Stevens

To establish abuse of process, the claimant must prove (1) an
ulterior purpose to accomplish an object not within the proper scope of the process, (2)
an act not proper in the regular prosecution of proceedings, and (3) harm caused by the
abuse of process. Chad Stevens filed a counterclaim against Mark Baute for abuse of
process. Stevens alleged as damages that he incurred attorney... More...
   $0 (04-10-2017 - WA)

Stiching Mayflower, et al. v. United Park City Mines Company, et al.

¶1 This case involves a dispute over a mining road built on Flagstaff Mountain (near Park City) over a century ago. The plaintiffs are Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreation Fonds (collectively ―Mayflower‖). Defendants in the suit are owners of land traversed by the road. ¶2 Plaintiffs have asserted a right to use the road (1) as a public highway under t... More...   $0 (03-22-2017 - UT)

Long Canyon Phase II and III Homeowners Association, Inc. v. Chris Cashion and Lisa Cashion

Long Canyon Phase II and III Homeowners Association, Inc. (“the HOA”) appeals
from an interlocutory order denying its motion to dismiss a suit by Chris and Lisa Cashion. The
parties have for several years disputed whether the Cashions’ alleged landscaping activities in a
drainage easement violate the HOA’s rules. After the HOA sent the Cashions a notice of intent to
sue for non-com... More...
   $0 (03-12-2017 - T)

CLAUDE SEARS, et al. v. UNITED STATES

The land at issue was previously held as a right-of-way for railroad purposes by the Iowa River Railroad, “extending from milepost 243.35 near Marshalltown, Iowa, to milepost 209, outside Steamboat Rock, Iowa, a total distance of 34.35 miles, in Marshall and Hardin Counties, Iowa.” Sears I, 124 Fed. Cl. at 446 (quoting Second Am. Compl. ¶ 4, ECF No. 33). On August 2, 2012, the Surface Transporta... More...   $686940 (03-09-2017 - DC)

Bradley B. Ware v. Texas Commission on Environmental Quality

Bradley B. Ware appeals a district court judgment affirming an order of the Texas
Commission on Environmental Quality (TCEQ) denying an application by Ware to extend and
expand water rights previously granted him under a ten-year “term permit.” We will affirm the
district court’s judgment.
BACKGROUND
Regulatory context
This case arises under the regime of water-rights regul... More...
   $0 (03-03-2017 - TX)

Landmark Real Estate, Inc. v. McCoy Property Company, LLC and Irmas Ahwatukee, L.L.C.

Tulsa, OK - Landmark Real Estate, Inc. sued McCoy Property Company, LLC and Irmas Ahwatukee, L.L.C. on a quiet title theory.

Issue # 1. Issue: QUIET TITLE (QUIET)
Filed By: LANDMARK REAL ESTATE INC
Filed Date: 04/08/2016
Party Name Disposition Information
Defendant: IRMAS AHWATUKEE LLC Disposed: SUMMARY JUDGEMENT ENTERED- PLAINTIFF, 03/01/2017. Judge
Defendant: ... More...
   $0 (03-01-2017 - OK)

State ex rel. Department of Transportation v. Cedars Group, L.L.C.

¶1 Prior to filing the condemnation proceedings the Appellee, Oklahoma Department of Transportation (ODOT), offered the Appellants, Cedars Group, L.L.C., an Oklahoma limited liability company; Centoma, an Oklahoma limited partnership; A. Sam Coury (Coury); and Bush, Ltd. d/b/a Deer Creek Texaco, (collectively, Coury Defendants), $562,500.00 for the acquisition of certain real property. The offer w... More...   $0 (02-22-2017 - ok)

Darwin and Jean Krenz v. XTO Energy, Inc.

[¶1] XTO Energy, Inc., appeals and Darwin and Jean Krenz cross-appeal from a judgment awarding the Krenzes $800,000 for a pipeline trespass and ordering the parties to abide by certain documents for their future relationship after the district court construed a pipeline easement to authorize one pipeline on the Krenzes' land and found XTO's unauthorized construction and operation of a second pipel... More...   $0 (02-16-2017 - ND)

LEROI R. MORRIS vs STATE OF FLORIDA

The defendant states that the following facts are undisputed and, for purposes of this opinion, we accept the characterization: “Duane Myrie and Oneil Mignott lived at a warehouse and at some point in time on January 21, 2011 James Rutledge and [the defendant] were present at the warehouse. [The defendant] was not armed. At some point in the warehouse, Mignott shot Rutledge and Rutledge shot Mi... More...   $0 (02-12-2017 - FL)

James Harvey Jordan v. Eddie R. Jensen

¶ 1 Here, we consider whether Utah Code section 78B-2-206 bars a challenge to a tax title based on a tax sale effected without notice to an interested party. On May 25, 2000, Uintah County conducted a tax sale, yet failed to provide the record mineral interest owners notice of the sale. Now, over a decade later, the purchaser of the tax title and the individuals who were the record owners of the m... More...   $0 (01-11-2017 - UT)

Roosevelt Simmons v. Berkeley Electric Cooperative, Inc. and St. John's Water Company, Inc.

In 2003, Simmons acquired title to two parcels of land, TMS # 283-00-00498 ("Tract 498") and TMS # 282-00-00-135 ("Tract 135"). Both parcels are undeveloped, wooded, and located along Kitford Road on Johns Island. The parcels are separated by an abandoned railroad right-of-way and were previously part of a larger tract owned by two of Simmons' predecessors-in-title, Edward Heyward and E.C. Brown. ... More...   $0 (11-23-2016 - SC)

United Food v. Wal-Mart Stores Inc.

This case is a continuation of litigation that has been ongoing between these parties
both in Arkansas and across the nation. UFCW is a national labor organization. OUR
Walmart is a subsidiary of UFCW; it is an association of current and former Walmart
employees (“associates”) and their supporters whose purpose is, in part, to help associates on
issues related to their employ... More...
   $0 (11-17-2016 - AR)

JASON THORNOCK v. PACIFICORP, an Oregon Company

In the fall of 2009, Mr. Thornock requested that PacifiCorp provide electric service to an irrigation pivot on his property. On March 23, 2010, Mr. Thornock signed a General Service Contract (first contract) authorizing PacifiCorp to provide electric service to the pivot. The contract stated that the agreement is “between PacifiCorp, doing business as Rocky Mountain Power (“Company”), and Jason... More...   $0 (09-21-2016 - WY)

Bay Point Properties, Inc. f/k/a BP Properties, Inc. v. Mississippi Transportation Commission and Mississippi Department of Transportation

In 1952, the Mississippi State Highway Commission, MTC’s predecessor, acquired
an easement over certain property of Wallace Walker for “all highway purposes” by an
agreed judgment.3 The property was used to reconstruct a bridge spanning the Bay of St.
Louis, between Pass Christian and Bay St. Louis, after the bridge had burned in 1948.4 After
Hurricane Katrina destroyed the bridge ... More...
   $0 (07-26-2016 - MS)

Walter B. Saner v. BridgeTex Pipeline Company, LLC

BridgeTex is a limited liability company engaged in the location and construction of a pipeline in Texas for the transportation of crude petroleum. The pipeline is intended to transport crude petroleum from the Permian Basin to the Texas Gulf Coast. In January 2013, the Texas Railroad Commission designated BridgeTex as a common carrier and granted it a T-4 permit. Pursuant to its designation as... More...   $0 (07-21-2016 - TX)

ANCHOR TANK LINES, LLC and NEW YORK OIL HEATING INSURANCE FUND v. UNITED STATES

Old Anchor, formerly known as Mystic Tank Lines Corporation, was an oil transportation company incorporated in Delaware and headquartered in Astoria, New York. Pls.’ Opp’n to Def.’s Mot. to Dismiss (“Pls.’ Opp’n”) Ex. 4 (Indictment, United States v. Baldari, No. 1Three separate actions are pending in this court based on these suits in the district ... More...   $0 (07-16-2016 - DC)

RICHARD LEWIS KATZIN, et al. v. UNITED STATES

This post-trial opinion addresses claims by plaintiffs Dr. Richard Lewis Katzin (“Dr. Katzin”), Mary Beth Katzin Simon (“Ms. Katzin”), and Rose Marie Kjeldsen Winters (“Ms. Winters”) that the United States (the “government”) interfered with their ownership rights to a parcel of land (“Parcel 4”) which overlooks the Atlantic Ocean on Culebra Island, Puerto Rico, and that the interference effected a... More...   $0 (07-16-2016 - DC)

CJY Investment, L.L.C., et al. v. United Central Bank, et al.

Appellants, CJY Investment, L.L.C., Young Hee Chung, and Chun W. Chung, sued
appellees, James D. Yoo, Ki Na, Chong Na, Chan Chan Investment, L.L.P., Na Family
Corporation, and United Central Bank for fraud, fraud in the inducement, fraud by
nondisclosure, bank fraud, and conspiracy. The trial court granted summary judgment for
appellees.
Appellants raise four issues on ap... More...
   $0 (06-21-2016 - TX)

Open Door Ministries v. Lipschuetz

In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding
permit that the City and County of Denver (“the City”)1 issued to Open Door Ministries
(“Open Door”). Lipschuetz—who owns a property adjacent to Open Door’s property—
filed claims against the City and Open Door seeking revocation of the permit. Open
Door filed cross-claims against the City, seekin... More...
   $0 (05-24-2016 - CO)

Peter Barrett and Fay Barrett v. City of Gulfport, Mississippi

The instant case arises out of the City’s efforts to rebuild the antebellum home Grass
Lawn after it was destroyed during Hurricane Katrina. Grass Lawn was built in 1836, sixty
years prior to the City’s founding. Grass Lawn served as a private residence until 1973,
when the City purchased it to use as an event space for weddings, parties, and other private
events. Critically to t... More...
   $0 (04-21-2016 - MS)

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