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Name Category Published
Jones v. County of Coconino
Moving hay trailers to different location on property is a prohibited extension or enlargement of legal nonconforming use. 		Real Property Dec. 7, 2001
In re Real Property Located at 22 Santa Barbara Drive
Government did not owe property owners damages for unconstitutional seizure of their home before judgment of forfeiture was made. 		Real Property Nov. 29, 2001
Leisnoi Inc. v. United States
District court had jurisdiction to hear quiet title action to remove cloud on title of native village corporation. 		Real Property Nov. 29, 2001
Irvin Water District No. 6 v. Jackson Partnership
Water district may increase fees before customer formally applied for services and paid for them. 		Real Property Nov. 19, 2001
Claassen v. City and County of Denver
No taking occurred where landowners did not have property interest in navigable airspace over their property. 		Real Property Nov. 19, 2001
Heath v. Parker
Public road not abandoned where it is still used for recreational purposes. 		Real Property Nov. 19, 2001
E-470 Public Highway Authority v. Jagow
Where city annexation agreement did not require dedication of property for highway, landowners are entitled to compensation for damage to residue. 		Real Property Nov. 19, 2001
Kellum v. RE Services, Llc.
Holder of certificate of purchase at foreclosure sale has only statutory right to redemption funds tendered by redeeming party. 		Real Property Nov. 19, 2001
Save Mile Square Park Committee v. County of Orange
County's decision to replace 'core area' of park with golf course doesn't violate statute prohibiting acquiring park for non-park purposes. 		Real Property Nov. 18, 2001
Committee to Save the Beverly Highlands Homes Assn. v. Beverly Highlands Homes Assn.
Homeowners association with no common area is not common interest development under Davis-Stirling Act. 		Real Property Nov. 18, 2001
Brown v. Johnson
Attorney fee award is appropriate for successful claim of misrepresentation arising out of home sale agreement. 		Real Property Nov. 6, 2001
City of Holyoke v. Schlachter Farms R.L.L.P.
Owner of condemned property is not entitled to attorney fees where final value was close to offer of condemning authority. 		Real Property Oct. 16, 2001
Ocmulgee Properties Inc. v. Jeffery
Landowner's application to county for subdivision of property does not defeat adverse possession claim. 		Real Property Oct. 16, 2001
Placer Ranch Partners v. County of Placer
County's prohibition against residential development within one mile of landfill is valid zoning regulation. 		Real Property Oct. 15, 2001
Patarak v. Williams
Civil penalties are proper where mobilehome park owner willfully fails to maintain septic system. 		Real Property Oct. 10, 2001
Oklahoma Turnpike Authority v. Bruner
Certification of order under Federal Rule of Civil Procedure 54(b) should not be granted unless claims are separable. 		Real Property Oct. 8, 2001
Kim v. Lee
Equitable subrogation did not apply to title company that was negligent in properly issuing order of liens against property. 		Real Property Oct. 2, 2001
Opinion of Bill Lockyer
New legislation that allowed separate interest owners in common development to have pets did not affect CC&R's enacted prior to January 1, 2001. 		Real Property Oct. 2, 2001
Concerned Citizens of Park Ridge v. City of Bellingham
Environmental impact statement was not required for large subdivision development after 'Determination of Nonsignificance' was issued. 		Real Property Sep. 24, 2001
One Pacific Towers Homeowners Assn. v. Hal Real Estate Investments Inc.
Because holding corporation's subsidiaries succeeded to special declarant rights, they were declarants under condominium act and required to deliver public offering statements. 		Real Property Sep. 23, 2001
City of University Place v. McGuire
Diminishing Asset Doctrine and valid non-conforming use will permit mining operation despite zoning restriction. 		Real Property Sep. 20, 2001
Adams v. United States
Owners of land surrounded by federal land must obtain use permits and United States is entitled to right of way across property. 		Real Property Sep. 18, 2001
Venetian Casino Resort v. Local Joint Executive Board of Las Vegas
Privately constructed sidewalk accommodating pedestrian traffic is protected by First Amendment as public forum. 		Real Property Sep. 17, 2001
Marriage of Cloney
Valid judgment lien against debtor under different name imparts constructive notice to purchaser of property where purchaser's escrow agent knows both names. 		Real Property Sep. 12, 2001
Hirshfield v. Schwartz
Trial court doesn't abuse discretion in fashioning an interest, which it called an easement, to protect encroacher's use of disputed land. 		Real Property Sep. 12, 2001
United States v. Orr Water Ditch Co.
State Engineer appears to have demanded more than clear and convincing evidence, as required, in evaluating forfeiture and abandonment of water rights. 		Real Property Sep. 10, 2001
U.S. v. Lot Numbered One (1) of the Lavaland Annex
Motel owner who did not profit from drug activity on property is entitled to new trial to defend forfeiture action. 		Real Property Sep. 9, 2001
Hensley v. McSweeney
In case involving fraud by fiduciary, proper measure of damages is out-of-pocket damages and not benefit of bargain damages. 		Real Property Sep. 6, 2001
Bratcher v. Buckner
Court may order sale to satisfy judgment lien if any amount will remain after paying prior obligations to partially satisfy judgment. 		Real Property Sep. 6, 2001
Baseline Farms Two v. Hennings
Water quality control act does not create special statutory right to preliminary injunction. 		Real Property Sep. 5, 2001
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