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Syufy Enterprises LP v. City of Oakland
Subtenant is not entitled to remain on property after master tenant rejects lease in bankruptcy.
Real Property Feb. 24, 2003
Rolfe v. California Transportation Commission (San Diego Regional Transportation Commission)
California Dept. of Transportation need not obtain legislative approval before acquiring park property and converting it for nonpark use.
Real Property Feb. 20, 2003
Gardner v. County of Sonoma
Antiquated maps created before 1893 do not create legal parcels.
Real Property Feb. 5, 2003
Magna Enterprises Inc. v. Fidelity National Title Insurance Co.
Insurer had no duty to defend under title insurance policy where property owner had right of access, although difficult or impractical.
Real Property Feb. 4, 2003
Kellogg v. Garcia
An easement by necessity arises where U.S. government was common owner prior to conveyance.
Real Property Feb. 3, 2003
Lowenstein v. City of Lafayette
City is not liable for taking when it erroneously denied landowner's application for lot line adjustment.
Real Property Jan. 7, 2003
City of Lincoln v. Barringer
City was not required to give landowners 15 days' notice of public hearing regarding proposed taking.
Real Property Nov. 25, 2002
King County v. Rasmussen
County owns fee simple estate in strip of land formerly used as railroad right of way.
Real Property Oct. 10, 2002
Emeryville Redevelopment Agency v. Harcros Pigment Inc.
Purchases of neighboring properties are inadmissible to establish market value of condemned property.
Real Property Oct. 7, 2002
Annod Corp. v. Hamilton & Samuels
Partners in law firm did not fraudulently avoid paying rent by receiving partnership draws.
Real Property Oct. 2, 2002
People v. Murrison
Landowner may not lawfully divert creek water without first notifying Dept. of Fish and Game.
Real Property Oct. 2, 2002
DMC Inc. v. Downey Savings and Loan Assn.
New purchase-money lien has priority over any revived junior lien.
Real Property Oct. 1, 2002
City of Ripon v. Sweetin
Evidence of city's alleged misconduct prior to condemnation proceedings should have been admitted to calculate damages.
Real Property Sep. 30, 2002
Johnston v. Sonoma County (City of Santa Rosa)
Transfer of utility easement over property preserved for open space to city under threat of condemnation does not require voter approval.
Real Property Sep. 30, 2002
Western Aggregates Inc. v. County of Yuba
Historic public road exists over land owned by mining company.
Real Property Sep. 24, 2002
Borden v. City of Olympia
Owner whose property was flooded may sue city for negligence under duty of due care.
Real Property Sep. 24, 2002
City of Burien v. Central Puget Sound Growth Management
City did not violate Growth Management Act by entering into interlocal agreement during negotiations closed to public.
Real Property Sep. 24, 2002
Reid v. Pyle
Promissory note is due and payable if no reasonable effort is made to sell property.
Real Property Sep. 23, 2002
In re: Linda Lorraine Krohn
Trustee's sale of real property may be set aside solely on basis that price is grossly inadequate.
Real Property Sep. 23, 2002
In the Matter of the Application for Water Rights of Double RL Co.
Water court may not cancel conditional water right without first giving owner notice of its cancellation.
Real Property Sep. 22, 2002
Patel v. Southern California Water Co.
Use of water utility's easement for non-water related use is trespass, not inverse condemnation.
Real Property Sep. 17, 2002
State Engineer v. Bradley
Water court's conclusion that plaintiff satisfied his burden of proving historic use of water right to be changed isn't supported by record.
Real Property Sep. 9, 2002
Kirk v. Kitchens
Redemption price for property in foreclosure may not include prepayment penalty.
Real Property Sep. 4, 2002
Jagow v. E-470 Public Highway Authority
Damage award to remainder property arising from eminent domain proceeding isn't supported by evidence.
Real Property Sep. 4, 2002
Opinion of Lockyer
Development created in 1972 where residents own separate lots and undivided interest in common area is 'planned development' for purposes of California law.
Real Property Sep. 2, 2002
Thornton Creek Legal Defense v. City of Seattle
City's approval of general development plan is upheld.
Real Property Aug. 26, 2002
City v. Movers Inc.
Municipal ordinance prohibiting posting of temporary signs on city structures violates state constitution.
Real Property Aug. 21, 2002
Sunstone at Colorado Springs Homeowners Association Inc.
Misnomer in name of homeowner's association does not preclude application of covenants.
Real Property Aug. 20, 2002
Roberts v. Adams
Payment not required where condition of promissory note relating to sale of second property not met.
Real Property Aug. 13, 2002
Jem Enterprises v. Washington Mutual Bank, F.A.
When property owner assigns earthquake insurance proceeds to lender, lender has right to control disbursement.
Real Property Aug. 8, 2002