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Name Category Published
Benchmark Land Co. v. City of Battle Ground
City was not authorized to require land company to make improvements to existing street bordering proposed subdivision.
Real Property Jul. 28, 2002
Jackson Plaza Homeowners Assn. v. Alcal Roofing & Insulation
In construction defect actions, 10-year statute of limitations is tolled during periods in which builder attempts to repair defect.
Real Property Jul. 18, 2002
The Board of County Commissioners v. Park County Sportsmen's Ranch
Artificial recharge activities involving movement of underground water does not constitute trespass.
Real Property Jul. 12, 2002
Daniel v. County of Santa Barbara
Property owner cannot prevent county from establishing easement across property.
Real Property Jul. 12, 2002
Lee v. Masner
Road established prior to filing of homestead claim remains a public road.
Real Property Jul. 12, 2002
Colorado Homes v. Loerch-Wilson
Homeowner's association owes fiduciary duty to owners of lots in subdivision.
Real Property Jul. 12, 2002
Turkey Creek Limited Liability Co. v. Anglo America Consolidated Corp.
Payment of filing fees to record deeds of trust sufficient to establish violation of spurious lien statute.
Real Property Jul. 11, 2002
California Apartment Assn. v. City of Fremont
City is not precluded from making amendments to California Building Standards Code more than 180 days after publication of new code.
Real Property Jul. 9, 2002
Norwest Mortgage Inc. v. State Farm Fire and Casualty Co.
After mortgagee makes full credit bid, mortgagee is not entitled to insurance proceeds for prepurchase damage to property.
Real Property Jul. 8, 2002
Alexander v. McClellan
Public use of easement need not be exclusive for creation of prescriptive right.
Real Property Jul. 8, 2002
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