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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
Iron Gate Partners v. Dept. of Transportation
Access Permit not considered revoked when hearing and evidence of accident frequency was not provided prior to building median.
Real Property Aug. 24, 2001
Ferrell v. County of San Diego
Owner of property being taken or damaged by public entity has duty to take reasonable steps to minimize loss.
Real Property Aug. 21, 2001
County of San Luis Obispo v. Superior Court (Munari)
Loss of property through foreclosure prevents petitioner from obtaining relief and establishing interest in land by administrative mandate.
Real Property Aug. 13, 2001
Estate of Spahi v. Hughes Northwest
Reversal of quiet title action due to procedural error will not defeat property interest of 'good faith purchaser.'
Real Property Aug. 13, 2001
Horton v. Mitchell
Residents of subdivision could not build road over lot in subdivision when restrictions only allowed for construction of single family homes.
Real Property Aug. 7, 2001
Riley v. Andres
Sufficient impeaching evidence was presented to avoid summary judgment in adverse possession action.
Real Property Aug. 5, 2001
United Savings & Loan v. Pallis
Bank is not entitled to foreclose on property because it made loan during dispute over ownership of property.
Real Property Aug. 5, 2001
Ripley v. Grays Harbor County
County is not liable after road improvements increased flow of water onto homeowners' property.
Real Property Aug. 5, 2001
Hicks v. E.T. Legg & Associates
Serial postponements of foreclosure sales do not violate legislative intent or implied covenant of good faith and fair dealing.
Real Property Jul. 23, 2001
First Commercial Mortgage Co. v. Reece
Defendant who overestimated property value to obtain loan may be liable for fraud despite recovery of full loan amount at foreclosure sale.
Real Property Jul. 23, 2001
Richardson v. Cox
Dedication to county for access easement found invalid because not signed by all parties holding ownership interest.
Real Property Jul. 22, 2001
Sanwa Bank of California v. Chang
Discharge of husband's debts in bankruptcy doesn't have injunctive effect on any pre-bankruptcy community property not included in estate.
Real Property Jul. 19, 2001
Vallely Investments LP v. Bancamerica Commercial Corp.
Tenant who received assignment of lease is liable to property owner after foreclosure of mortgage.
Real Property Jul. 17, 2001