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Name Category Published
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
National Real Estate Investment LLC v. Wyse Financial Services
Purchaser at foreclosure sale is not entitled to redeem property after issuance of certificate of redemption. 		Real Property Apr. 11, 2002
United States v. Byrne
In quiet title action, patent date controls determination of river boundary's position. 		Real Property Apr. 5, 2002
Alexander v. McClellan
Conveyance of lots abutting a vacated roadway does not include any of the vacated strip. 		Real Property Mar. 21, 2002
Johnson Realty v. Bender
Sellers were required to indemnify real estate broker under listing agreement. 		Real Property Mar. 20, 2002
E-470 Public Highway Authority v. Argus Real Estate Partners Inc.
Contingent conveyance of property violated the rule against perpetuities. 		Real Property Mar. 19, 2002
Arizona Dept. of Revenue v. Arizona Outdoor Advertisers
Billboards are not fixtures, and income derived from renting them may not be taxed as income derived from real property. 		Real Property Mar. 8, 2002
Danekas v. San Francisco Residential Rent Stabilization & Arbitration Board
Regulation prohibiting eviction, in some cases, of tenant who replaces cotenant is valid exercise of rent control board's authority. 		Real Property Mar. 8, 2002
City of Englewood v. Denver Waste Transfer LLC
Government approval to use parcel of property for industrial use may be considered by condemnation commission. 		Real Property Mar. 7, 2002
Hill v. Cox
Seller of land is liable for logging trees within boundaries prohibited by real estate contract. 		Real Property Mar. 6, 2002
Schreck v. T. & C. Sanderson Farms Inc.
Purchase option in lease was sufficiently definite to create enforceable sales contract. 		Real Property Feb. 28, 2002
Dubin v. Robert Newhall Chesebrough Trust
Court erred in sustaining demurrer when plaintiff adequately pleaded facts supporting theory of easement appurtenant by implication. 		Real Property Feb. 27, 2002
Roaring Fork Club v. St. Jude's Co.
Unilateral alterations in ditch easements are permissible where alterations aren't harmful and permission from court is obtained in advance. 		Real Property Feb. 22, 2002
Lewitz v. Forath Family Trust
Easement appurtenant to property runs with conveyance of property. 		Real Property Feb. 20, 2002
Redevelopment Agency of the City of Chula Vista v. Rados Bros.
Acquisition of property for redevelopment of blighted area is a public use. 		Real Property Feb. 20, 2002
Commonwealth of the Northern Mariana Islands v. United States
Commonwealth of Northern Mariana Islands should be treated as state for purposes of Quiet Title Act. 		Real Property Feb. 19, 2002
Vu, Inc. v. Pacific Ocean Marketplace, Inc.
Oral agreement relating to exclusive use of property is unenforceable where it is omitted from lease agreement. 		Real Property Feb. 19, 2002
Lewis v. Columbus Investments
Beneficiary of deed of trust is entitled to notice of tax sale. 		Real Property Feb. 11, 2002
Action Apartment Assn. v. Santa Monica Rent Control Board
Landlords forced to pay interest on security deposits from own funds may have action for unlawful taking. 		Real Property Feb. 11, 2002
Beach v. Beach
Owner of life estate entitled to seek partition of property interest.Colorado Court of Appeals. 		Real Property Feb. 5, 2002
Woodman Partners v. Sofa U Love
Lease provision permits commercial landlord who accepted partial payment of outstanding rent to bring subsequent action for unlawful detainer. 		Real Property Feb. 1, 2002
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