515 results for 'cat:"Real Estate"'.
J. Chase finds that the trial court should not have granted exceptions of prescription to a real estate company on a property buyer's claim that defendants continuously failed to record the Act of Cash Sale and transfer clear title of the property because the real estate agent's continuous failure to deliver clear title constitutes a continuing tort. Further, the buyer's claims against the notaries are perempted because the buyer failed to file his petition for damages within the requisite three-year peremptive period. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: May 13, 2024, Case #: 2024-CA-0018, Categories: real Estate, Contract
J. Jones finds the lower court erroneously granted the first wife's motion to transfer her a piece of real estate from the trust after the trustee's death. The court failed to determine whether notice in writing was the only method the second wife could use to properly revoke the original trust and implement an updated trust that named her as beneficiary. Therefore, the case will be remanded to determine whether a "writing" is the exclusive notice method for termination of the trust. Reversed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 2024COA51, Categories: real Estate, Trusts, Wills / Probate
J. Brennan denies, in part, the Canadian citizens' motion to dismiss, ruling that while they do not reside in Ohio, the real estate they own in the state gives this court jurisdiction over claims regarding the title of those properties under the Ohio long-arm statute. However, because tax issues in New Jersey and New York are entirely unrelated to any properties or business conducted in the state of Ohio, this court lacks jurisdiction over those claims, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, real Estate, Jurisdiction
J. Glickman upholds the superior court's finding for a condo developer and neighboring condominium on a condo association's claims pertaining to rooftop restrictions the developer agreed to include in its bylaws to appease the neighboring condo and attain a permit to build a condo exceeding height limitations. The bylaws, which were amended properly, are not unreasonable. Affirmed.
Court: DC Court of Appeals, Judge: Glickman, Filed On: May 9, 2024, Case #: 21-CV-0798 , Categories: Licensing, real Estate, Housing
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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. Berkenkotter finds the "centerline presumption," which grants title to the middle of a roadway in cases where a property owner grants a conveyance abutting a highway or street, also applies to the mineral rights underneath the roadway, so long as the conveyance includes no language to specifically exclude mineral rights. However, the lower court erroneously conditioned the application of the rule on whether a property owner retained ownership of at least a portion of the land that abuts the roadway because it effectively nullifies the rule. Therefore, the current owners of the property at issue in this case have sole ownership of both surface and mineral rights of the roadway following the developer's conveyance. Affirmed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: May 6, 2024, Case #: 2024CO28, Categories: Property, real Estate
J. Hanson dismisses the appeal in this dispute between property owners involving a roadway that allegedly separates the parties' properties. The contempt judgment at issue is void, as the appellee failed to properly adhere to certain precedents before seeking a judgment of contempt against the appellant. The court notes that the dismissal is without prejudice, however.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 3, 2024, Case #: CL-2023-0421, Categories: Civil Procedure, Contempt, real Estate
Per curiam, the appellate division finds that the lower court properly found for a lender in a $230 million real estate financing claim. The term sheet gave the lender an exclusive right to provide the loan within a certain time period, in which the borrower failed to secure enough equity financing. This permitted the lender to recover one percent of the loan amount in liquidated damages under the exclusivity clause. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02384, Categories: real Estate, Banking / Lending
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the county's breach of contract lawsuit against the county fair association alleging the latter's failure to redevelop real estate where an annual county fair would be held since leasing the land in 1964. The county's amended complaint sufficiently alleges a "continuing breach" of the parties' contract such that the relevant five-year statute of limitations does not apply. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-1060, Categories: real Estate, Contract
J. Douglas finds that the lower court properly granted partial summary judgment to the neighboring property owner in this dispute involving "a contract zone agreement" that would have allowed for development of certain real property. The 2017 agreement was rendered null and void pursuant to a certain permit deadline. The 2021 agreement is also void based on the city's violation of its contract zoning ordinance. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: May 2, 2024, Case #: 2024ME32, Categories: real Estate, Zoning
J. Cabell denies a mayor’s motion for judgment as a matter of law, or alternatively a new trial, related to a verdict in favor of a developer on the developer’s contractual interference claim against the mayor, after city officials denied the developer permits he needed to develop a subdivision of homes. The mayor claims the use of the word “or” in the verdict form makes it unclear which contract he is determined to have interfered with, but the mayor raises this argument too late and had the opportunity to have done so earlier.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 1, 2024, Case #: 1:16cv11575, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, real Estate, Zoning
J. Sykes finds that the lower court properly found for the village on a developer's claims that it was singled out for unfavorable treatment. The developer failed to show that the village's decisions lacked any conceivable rational basis. Rather, the village's imposed development conditions were rationally related to its interests in promoting its land-use objectives. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: April 30, 2024, Case #: 21-3237, Categories: Civil Rights, real Estate
J. Parker finds that the lower court improperly awarded title and possession of certain real property to the appellees. The evidence does not support the appellees' trespass to try title claim or their claim of "an oral gift of real estate." Accordingly, the matter is remanded for a new trial. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-23-00284-CV, Categories: Evidence, real Estate
J. Clement finds the lower court properly confirmed a report by commissoners who were appointed to divide a decedent’s property into three separate parcels for her family. They assigned 32.4 acres to decedent’s son, 17.8 acres to her husband and 18.1 acres to her daughter. Her husband and daughter filed exceptions to the decision, but all parties agreed to have one of the commissioners testify as to the division of the property. The commissioner explained that the son was allotted more land because portions of the acreage were not usable due to terrain and easements but that the parcels were equal in fair market value. The husband and daughter argue there is insufficient evidence of the value of the properties, so the lower court should not have confirmed the commissioners’ report. No error was found in the lower court’s decision. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 26, 2024, Case #: E2022-01447-COA-R3-CV, Categories: real Estate, Wills / Probate
J. Bailey finds that the lower court properly denied the appellant's motion to recuse the judge based on an allegation of partiality in this eviction proceeding. The judge dismissed the appellant's counterclaim petition "the day after it was filed." It may have been improper to rule on the dismissal motion "without notice or hearing," but the ruling was "not a result of prejudice." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00127-CV, Categories: Civil Procedure, real Estate
J. Rodriguez mostly adopts a magistrate judge’s recommendations and grants a loan company’s motion for summary and default judgment after it was sued by a homeowner seeking to stop a foreclosure. That company, which countersued to quiet title, is the valid owner of the property and is “authorized to enforce the power of sale through foreclosure.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 24, 2024, Case #: 5:22cv1234, NOS: Foreclosure - Real Property, Categories: Property, real Estate, Foreclosure
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. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: real Estate, Attorney Fees, Contract
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. Fernandez finds the lower court properly granted a bank’s motion for surplus funds. Homeowners appeal the lower court’s decision granting a bank the distribution of funds that originated as an overage from the foreclosure sale of the homeowners’ property. The lower court found the bank’s lien took priority over the homeowner’s rights and granted the bank’s request for distribution. The instant court finds no error in the lower court’s decision. Affirmed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: April 17, 2024, Case #: 3D23-600, Categories: real Estate, Banking / Lending, Foreclosure