22 results for 'cat:"Real Estate" AND cat:"Damages"'.
J. Mead finds that the lower court improperly declared the scope of the right of way and improperly awarded certain damages in this dispute involving an easement. Accordingly, the matter is remanded “for further findings regarding the degree to which vehicular passage upon the northwesterly portion of the easement is impossible.” Vacated in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 9, 2024, Case #: 2024ME34, Categories: real Estate, damages
J. Moll finds the lower court improperly denied the bank's motion to open a previous judgment granted in favor of the condominium owners association. It improperly calculated the expenses that could be recovered by the owners association in connection with its priority lien on the foreclosed property. The relevant statute allows a priority lienholder to collect only the assessments and fees connected with the property, not any expenses incurred with remediation of the property; therefore, the case is remanded for a recalculation of expenses owed by the lender. Reversed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: April 19, 2024, Case #: AC45904, Categories: real Estate, damages, Banking / Lending
J. Neubauer finds the lower court improperly found that an insurance policy did not cover the property owners’ claimed damages. Property owners of condominium units filed a complaint against an insurance company for damages to their units due to neglected repairs in common areas of the community. The lower court found the damages were the result of the condominium community’s repair decisions, and not an accident or single unforeseeable incident. The instant court finds water intrusion as a result of the repair decisions constitutes an occurrence, as steps were taken to address the underlying issues, and damage to the units was not anticipated. The court also finds the owners are not considered insureds, and are not subject to exclusions prohibiting their claims. The matter is remanded for further consideration. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Neubauer, Filed On: April 17, 2024, Case #: 2023AP1011, Categories: Insurance, real Estate, damages
J. Thumma finds a lower court properly dismissed a homesite community's contract claims against a subdivision. The homesite community argued that it was not obligated to pay for certain lots. However, the subdivision sufficiently showed in court that the parties' agreement enforced the homesite community to pay for lots until 2027, and that it is on the hook for proportional attorney's fees. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: April 9, 2024, Case #: 1 CA-CV 22-712, Categories: Property, real Estate, damages
J. Marbley grants the buyer's motion for judgment on the pleadings, ruling that its inability to obtain sufficient electrical power to supply the commercial property gave it a legitimate reason to terminate the contract prior to closing and allow it to recover the $300,000 in earnest money, which must be returned by the seller.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv4280, NOS: Other Contract - Contract, Categories: real Estate, damages, Contract
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J. Molberg finds that the lower court improperly awarded damages to the appellee for "property taxes and maintenance and repair expenses" in this suit for partition. The appellee's pleading did not seek reimbursement, and the issue was not tried by consent. Reversed in part.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 11, 2024, Case #: 05-22-00759-CV, Categories: real Estate, damages
J. Goldberg affirms a lower court judgment ruling in favor of two would-be home buyers, finding the trial court properly awarded them the return of their $31,000 deposit. Contrary to the seller’s assertions, the buyers were ready, willing, and able to close on the sale and the seller is not entitled to the deposit because the seller breached the purchase and sales agreement for the property. Ample facts support the trial court’s decision. Affirmed
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 23-46, Categories: real Estate, damages, Contract
J. Kapnick finds that the lower court improperly denied the purchaser prejudgment interest on its $626,000 downpayment on contracts of sale for three properties. The law specifying that the purchaser's "sole remedy" in the even of sellers' breach is the return of its downpayment does not preclude the award of interest at the statutory rate. Reversed.
Court: New York Appellate Divisions, Judge: Kapnick, Filed On: January 16, 2024, Case #: 00164, Categories: real Estate, damages, Contract
[Consolidated.] J. Recktenwald finds the circuit court improperly granted summary judgment in several easement cases between Hawaii’s mass transit rail authority and the landowner of property taken for the proposed rail system and station. The landowner is not precluded from seeking severance damages in several cases, which should be determined via jury as there is still genuine issue of material fact as to the master plan for rail construction. Vacated in part.
Court: Hawai'i Supreme Court, Judge: Recktenwald, Filed On: December 29, 2023, Case #: SCAP-22-335, Categories: Property, real Estate, damages
J. Tijerina finds that the lower court improperly awarded loss of use damages to the appellees in this lawsuit asserting nuisance and trespass claims against the owners of an adjacent property. The appellees were not entitled to loss of use damages, as "their damages were deemed permanent." Reversed in part.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: December 28, 2023, Case #: 13-21-00460-CV, Categories: real Estate, damages
J. Burns finds that the lower court properly granted the appellee real estate brokers' summary judgment motions in this lawsuit brought by a homeowner who allegedly entered into a listing agreement with the appellees but then decided not to sell her home. The evidence shows that the brokers earned a commission when the agent "procured the buyers, who were ready, willing, and able to buy the property" at an acceptable price. Also, the homeowner's alleged damages did not result from a breach of fiduciary duty by the appellees. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: December 11, 2023, Case #: 05-22-01252-CV, Categories: real Estate, damages, Contract
J. Longoria finds that the lower court properly entered a final judgment in this condemnation case, after the jury awarded $159,033 to the appellees. There was no error in the admission of certain expert testimony, and the evidence sufficiently supports the jury's verdict. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 16, 2023, Case #: 13-22-00070-CV, Categories: real Estate, damages
J. Nowell grants in part the appellant's motion for rehearing and withdraws the court's prior opinion in this dispute between neighboring property owners over the removal of certain vegetation and other issues. As to damages, the evidence does not support the damages awarded in connection with the parking lot. Additionally, the exemplary damages award must be vacated and reconsidered on remand. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: September 26, 2023, Case #: 05-22-00236-CV, Categories: real Estate, damages
J. Casper partially allows a home purchasing couple's motion for monetary damages against the man from whom they bought their home. Specific performance and monetary damages can both be required and in this case monetary damages of $568,919 are required, "reflecting present value of additional interest over the 30-year life of the loan between 2.99% original rate and the 5.27% rate."
Court: USDC Massachusetts, Judge: Casper, Filed On: September 26, 2023, Case #: 1:21cv10815, NOS: Other Contract - Contract, Categories: real Estate, damages, Contract
[Consolidated.] J. Siler finds the lower court properly denied the property owner's request for the fair market value of his home after it ruled in his favor on an unlawful takings claim against the county. Supreme Court precedent in Tyler v. Hennepin County allows the owner of a foreclosed home sold at auction to recover only the difference between the sale amount and the owner's debt. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: September 6, 2023, Case #: 21-1248, Categories: Property, real Estate, damages
J. Shin partially vacates and remands a decree which would split proceeds from the sale of an estate property equally between its co-owners, who are siblings and the children of the deceased former property owner. One of the siblings damaged the property and this should be factored into how the proceeds are split.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: August 22, 2023, Case #: 22-P-459, Categories: Property, real Estate, damages
J. Stewart finds the court of appeals erroneously overturned the trial court's award of damages to the property owner after the Department of Transportation failed to deliver the title of a parcel of real estate within the required time frame. While the term "damages" was not expressly defined in the parties' settlement agreement following eminent domain proceedings, the settlement was valid and enforceable because the amount of damages had no bearing on either party's performance under the agreement. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: June 8, 2023, Case #: 2023-Ohio-1866, Categories: real Estate, Settlements, damages
J. Gleason denies the plaintiff company's motion for partial summary judgment in this breach of contract lawsuit involving the company's royalty interest in a gold mine. At issue is the mine owner's calculation of its construction investment. The plaintiff company "raised a new theory of damages after the close of all discovery." Accordingly, supplemental discovery will be permitted as to the "drafting parties' intent and understanding of the relevant contract provisions," and the plaintiff's partial summary judgment motion will be denied without prejudice.
Court: USDC Alaska, Judge: Gleason, Filed On: May 24, 2023, Case #: 1:21cv21, NOS: Other Contract - Contract, Categories: real Estate, damages, Contract