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Name Category Published
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
Lo v. Jensen
Sale of property may be set aside when two buyers combine to restrict competition and purchase property at inadequate price. 		Real Property Jul. 17, 2001
In re 2.6 Acres of Land
In determining prevailing party in just-compensation case, court must look to highest land value offered by any witness, including landowner. 		Real Property Jul. 17, 2001
Stewart Title Guaranty Co. v. Park
Title insurance company satisfying its obligations to its insured following broker's embezzlement is not entitled to payment from Real Estate Recovery Fund. 		Real Property Jul. 16, 2001
Sunderland Family Treatment Services v. City of Pasco
City's regulatory scheme for special use permit violates Washington Housing Policy Act. 		Real Property Jul. 15, 2001
Merritt v. City of Pleasanton
Local referendum preventing prezoning of unincorporated land in city's sphere of influence was not inconsistent with city's general plan. 		Real Property Jul. 12, 2001
Mortgage Investments Corp. v. Battle Mountain Corp.
Claim to foreclose on a deed of trust barred by six-year statute of limitations. 		Real Property Jul. 11, 2001
Stuart v. D'Ascenz
Right of first refusal in lease agreement does not constitute a purchase option. 		Real Property Jul. 2, 2001
Echevarrieta v. City of Rancho Palos Verdes
City ordinance that regulates foliage heights doesn't constitute governmental taking without just compensation. 		Real Property Jul. 1, 2001
Save the Sunset Strip Coalition v. City of West Hollywood
In changing existing road into cul-de-sac, city isn't required to find road is no longer needed for vehicular traffic. 		Real Property Jun. 29, 2001
Israni v. Superior Court (In re City of San Diego)
Property owner is not entitled to postponement of condemnation because city demonstrated urgent need for property. 		Real Property Jun. 28, 2001
Baby Tam & Co. Inc. v. City of Las Vegas
City's refusal to grant license to adult bookstore was valid where zoning and licensing laws supporting decision were constitutional. 		Real Property Jun. 28, 2001
Coalition Advocating Legal Housing Options v. City of Santa Monica
Zoning ordinance that prescribes who may occupy second-units in single family homes is unconstitutional. 		Real Property Jun. 28, 2001
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