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Cole v. Laverty
Landowners failed to establish adverse possession necessary to terminate neighbor's easement.
Real Property Jul. 5, 2002
Lobato v. Taylor
Landowners have rights of access for grazing, firewood and timber, but not for fishing, hunting and recreation.
Real Property Jul. 3, 2002
El Dorado Palm Springs Ltd. v. City of Palm Springs
City council lacked authority to impose conditions upon approval of subdivision application.
Real Property Jul. 2, 2002
Farmers Reservoir and Irrigation Co. v. The City of Golden
City may not apply its Priority 12 water to more than 225 acres of lawn.
Real Property Jun. 19, 2002
Schneider v. Drake
Amendment to subdivision covenant prohibited further development of lots.
Real Property Jun. 18, 2002
City of Sterling v. Sterling Irrigation Co.
Counterclaims regarding water rights are wtihin exclusive jurisdiction of water court.
Real Property Jun. 12, 2002
Olson v. Hillside Community Church
Construction of building in violation of municipal codes not excused by doctrine of 'relative hardships.'
Real Property Jun. 11, 2002
Wilcox v. Clark
Prevailing party in eviction action entitled to attorney fees.
Real Property Jun. 11, 2002
Capital Investment Corp. of Washington v. King County
Redemptioner of judgment lien may not transfer right to redeem without also transferring underlying judgment.
Real Property Jun. 10, 2002
Schneider v. County of San Diego
Because party prevailed as matter of law on procedural due process claim, he is entitled to judgment and nominal damages.
Real Property Jun. 4, 2002
Kerns v. Kerns
Procedure for filing notice of lis pendens is available to party in any action affecting title to real property regardless of where action is brought.
Real Property May 29, 2002
Josephinium Associates v. Kahli
Tenant evicted for failing to pay rent failed to prove disability discrimination as defense.
Real Property May 21, 2002
Roble Vista Associates v. Bacon
City ordinance requiring landlords to offer one-year leases is not pre-empted by state law.
Real Property May 15, 2002
BNC Mortgage Inc. v. Tax Pros Inc.
Judgment lien on real property has priority because it relates back to earlier writ of attachment.
Real Property May 9, 2002
Rayner v. Neff
Attorney is not liable for filing lis pendens on behalf of client.
Real Property May 7, 2002
Robin Miller Construction Inc. v. Coltran
Construction company may execute lien on property under amended homestead law.
Real Property May 7, 2002
Bolser v. Clark
Real estate appraiser is liable to third party for negligently preparing report.
Real Property May 7, 2002
Montlake Community Club v. Central Puget Sound Growth
Because subarea plan used same method as general city plan, review of subplan was properly denied.
Real Property May 7, 2002
Martini v. Smith
De-annexation ordinance, not containing language that city intended to vacate public roadways, doesn't vacate public roadways in de-annexed area.
Real Property May 7, 2002
MacMeekin v. Low Income Housing
Tenant may be entitled to continued use of easement despite owner's attempt to relocate easement.
Real Property May 7, 2002
Sunnyside Valley Irrigation District v. Dickie
Property owners must allow easement in favor of irrigation district.
Real Property May 7, 2002
Howe v. Douglas County
Municipal corporation may waive liability for damages from pre-existing conditions but not future negligence.
Real Property May 7, 2002
Lakeview Boulevard Condominium Assn. v. Apartment Sales Corp.
City may not be sued for granting real estate development permit but may be sued for negligently maintaining storm drains.
Real Property May 7, 2002
Bingham v. Demopolis
Creditor is time-barred from proceeding with nonjudicial foreclosure.
Real Property May 6, 2002
Miller v. City of Bainbridge Island
Business destroyed in fire cannot be rebuilt without showing it was lawful nonconforming use in residential district.
Real Property May 6, 2002
Bustillos v. Murphy
Recreational use of private property by member of public cannot create prescriptive easement.
Real Property Apr. 29, 2002
United States v. Real Property at 2659 Roundhill Dr.
Award of attorney fees and costs is proper where government's position of continuing forfeiture action was not substantially justified.
Real Property Apr. 26, 2002
Tahoe-Sierra Preservation Council Inc. v. ECR Tahoe Regional Planning Agency
Temporary development moratorium does not deprive landowners of all value or use of property and does not effect a taking.
Real Property Apr. 24, 2002
Concerning Application for Water Rights of Mount Emmons Mining Co. v. Town of Crested Butte
Water rights applicant must convince water court that sufficient amount of water remains unappropriated to satisfy application
Real Property Apr. 22, 2002
Grant County Fire Protection District No. 5 v. City of Moses Lake
Property owner petition method of annexation violates state constitution.
Real Property Apr. 19, 2002