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Name Category Published
Skamania County v. Woodall
Land commission must use state law in determining if intent to discontinue is required to prove discontinuance of nonconforming land use. 		Real Property May 9, 2001
Duran v. Carris
Boundary dispute that became hostile does not create claim under federal racketeering law. 		Real Property May 8, 2001
Shelton v. Strickland
Adverse possession established where shed that straddled boundary lines of two properties was openly occupied for over ten years. 		Real Property May 7, 2001
Martini v. Smith
Additional evidence necessary to determine whether road was abandoned. 		Real Property May 7, 2001
Schempp v. Lucre Management Group
Intent of a transferee can be imputed to the debtor under the Colorado Uniform Fraudulent Transfer Act. 		Real Property May 6, 2001
Alh Holding Co. v. The Bank of Telluride
Although third party lender record's deed of trust before vendor of property, lender does not have priority where it had notice of vendor's unrecorded instrument before acquiring rights to property. 		Real Property May 6, 2001
Bob Blake Builders v. Gramling
Foreign corporation is entitled to assert mechanic's lien against property located in Colorado. 		Real Property May 6, 2001
Town of Erie v. Eason
Semi-trailers used for public storage are 'structures' within purview of Uniform Building Code even if not affixed to land. 		Real Property May 6, 2001
City of County of Denver v. Qwest Corp.
Portions of Denver Municipal Code Sections 10.51-1 to 10.5-41 declared invalid for conflicting with state law. 		Real Property May 6, 2001
Stelma v. Meresse
Restrictive covenant amendment that effectuates relocation of subdivision access road is invalid because it exceeds scope of road-maintenance covenant. 		Real Property May 3, 2001
Westside Business Park LLC v. Pierce County
Short plat application, which failed to reveal proposed use, vests when filed because county knew of intended use and accepted application. 		Real Property May 3, 2001
Henry v. Bitar
Supersedeas bond that does not specify whether in satisfaction of money judgment or property rights in general leaves such factual determination to court. 		Real Property May 3, 2001
Galland v. City of Clovis
Civil rights action is available in rent damages suit when city violates landlord's right to due process. 		Real Property May 1, 2001
Brown v. Hauge
Landlord has no duty to change height of doorsill when it is not unsafe condition. 		Real Property Apr. 30, 2001
Hauf v. Johnston
Successor in sellers' interest in real property must show that his interest had priority over judgment lien. 		Real Property Apr. 30, 2001
Samuel's Furniture, Inc. v. State of Washington Department of Ecology
Department of Ecology has power to issue or deny development permits for shoreline property. 		Real Property Apr. 30, 2001
City of Bremerton v. Sesko
Property owners, who operated illegal junkyards, fail to show that city zoning code cannot be enforced because it's inconsistent with Shoreline Management Act. 		Real Property Apr. 30, 2001
Hwang v. McMahill
Setting aside default against tenant who failed to pay rent was erroneous without proof of mistake, surprise, or excusable neglect. 		Real Property Apr. 26, 2001
Mcgahuey v. Hwang
Landlord's rental increase and utility fee meet the requirements of consent order issued in discrimination case. 		Real Property Apr. 26, 2001
Good v. Skagit County
U.S. Court of Claims has jurisdiction over just compensation claim of landowner concerning county's interim use of railroad's right-of-way. 		Real Property Apr. 26, 2001
Granite Beach Holdings LLC v. State
Implied reservation in favor of United States may not be found without evidence of congressional intent to imply reserved easement. 		Real Property Apr. 25, 2001
Firth v. Lu
Purchase of cooperative apartment unit is transfer of real property and must be in writing to be enforceable. 		Real Property Apr. 25, 2001
Hwang v. Elwell
Landlord should receive possession of premises if tenant refuses to deposit rent due with court until resolution of action. 		Real Property Apr. 25, 2001
Samad v. Collins L.L.L.C.'s
Easement extinguised by merger doctrine can be recreated in subsequent reconveyance with express language. 		Real Property Apr. 25, 2001
Estate of Upton
Deed of trust beneficiary's interest in real property is superior to owner's homestead interest. 		Real Property Apr. 23, 2001
Mauldin v. Panella
Appointment of new architectural control committee invalid where not done within time frame established by covenants. 		Real Property Apr. 20, 2001
Pleasant Valley Canal Co. v. Borror
1916 decision doesn't have preclusive effect on water rights but provides evidence of historic water use. 		Real Property Apr. 19, 2001
Akins v. State of California
Reasonableness test inapplicable if governmental flood control works floods property not historically subject to flooding. 		Real Property Apr. 19, 2001
City of Monterey v. Del Monte Dunes
Jury can decide both regulatory takings claim and whether rejection of development proposal didn't substantially advance a legitimate public interest. 		Real Property Apr. 19, 2001
City of Phoenix v. Wilson
Trial judge correctly admits expert witness' testimony that condemned property should be treated as two separate units before taking. 		Real Property Apr. 17, 2001
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