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Name Category Published
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
Lombard Acceptance Corp. v. Town of San Anselmo
Town is not immune from liability for water damage caused after discharge through water pipe that it neither owned nor controlled.
Real Property Feb. 1, 2002
Lu v. King County
County is not required to decide whether conditional land use permit is necessary for proposed mining project.
Real Property Jan. 30, 2002
U.S. v. 16328 South 43rd East Avenue
Innocent owner defense not available to property owner who failed to inspect for marijuana plants upon suspicion of growth
Real Property Jan. 14, 2002
City of Boulder v. Fowler Irrevocable Trust 1992-!
Value of property for condemnation purposes cannot be reduced as result of project for which condemnation is required.
Real Property Jan. 9, 2002
Stokes v. Polley
Spouse who obtained one-half interest in real property upon divorce is only entitled to monetary award.
Real Property Jan. 8, 2002
Mabry v. Tom Stanger & Co.
Broker not entitled to real estate commission where fiduciary duty owed to sellers is breached.
Real Property Jan. 7, 2002
McKenzie v. Pope
Adverse possession period may be interrupted by grant of permission to use property.
Real Property Jan. 7, 2002
Regional Transportation District v. Outdoor Systems
Regional Transportation District didn't violate its assurances to federal government that it would comply with land acquisition laws.
Real Property Jan. 7, 2002
People ex rel. Dept. of Transportation v. Woodson
Property owners should have received litigation expenses where Caltrans' final offer in eminent domain action was unreasonable.
Real Property Dec. 18, 2001
Mann v. Household Finance Corp.
Bank holding senior deed of trust was entitled to purchase property at trustee's sale.
Real Property Dec. 11, 2001
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