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Name Category Published
Heath v. Uraga
Representative of review committee has authority to disapprove building plan in violation of restrictive covenant. 		Real Property Jun. 20, 2001
Kunkel v. Fisher
Plaintiff has no legal right to easement across neighbor's property because prior use is presumed to be permissive. 		Real Property Jun. 19, 2001
West Maricopa Combine Inc. v. Arizona Dept. of Water Resources
Water rights owner may move water through natural waterways on another's property without owner's consent. 		Real Property Jun. 13, 2001
Buick v. Highland Meadow Estates at Castle Peak Ranch, Inc.
Covenant that subdivisions of lots only be used for single family dwellings is use restriction that is violated by building road crossing property. 		Real Property Jun. 12, 2001
Jefferson County v. Lakeside Industries Inc.
Legal nonconforming land use cannot be prohibited if begun before land use code was enacted and was not abandoned after enactment. 		Real Property Jun. 10, 2001
Standing Rock Homeowners Assn. v. Misich
Permissive use of nonpublic road did not establish public road by prescription and property owners were entitled to construct gates. 		Real Property May 28, 2001
Goffney v. Family Savings and Loan Association
Statute permits a nonjudicial foreclosure sale to be conducted on the seventh day after termination of a court order precluding the sale. 		Real Property May 24, 2001
Keys Youth Services, Inc. v. City of Olathe
Group home for troubled adolescent males does not have "familial status" as defined by Fair Housing Act. 		Real Property May 23, 2001
Hallauer v. Spectrum Properties Inc.
Party showing both benefical use, falling within defintion of pubic use, and necessity are entitled to proceed with condemnation action. 		Real Property May 21, 2001
Wenatchee Sportsmen Association v. Chelan County
Challenge to site specific rezone must be brought under Land Use Petition Act within 21 days of rezone approval. 		Real Property May 17, 2001
Shorewood West Condominium Assn. v. Sadri
In order for property use restriction to apply to condominium owners, the condominium association must amend its declaration to include the restriction. 		Real Property May 17, 2001
Housing Authority of Grant County v. Newbigging
Eviction may be set aside when landlord accepted tenant's rental payment. 		Real Property May 15, 2001
Kobza v. Tripp
No recovery of damages for action to quiet title on real property. 		Real Property May 14, 2001
M H 2 v. Sun M. Hwang
Statutory doubling of damages is not appropriate where there is no unlawful detainer. 		Real Property May 14, 2001
Peckham v. Milroy
Court does not err in enjoining home day care business when covenant prohibiting home businesses was not abandoned and did not violate public policy. 		Real Property May 14, 2001
Hudson v. Condon
Three year statute of limitations begins tolling when claimant becomes aware of fraudulent modifications to partnership lease agreement. 		Real Property May 13, 2001
Dexheimer v. Cds Inc.
Court errs in allowing recovery of money damages when Residential Landlord-Tenant Act provides limited remedies, which do not include monetary damages. 		Real Property May 13, 2001
Lane v. Wahl
Lease that may be unilaterally terminated at discretion of either lessor or lessee is not illusory promise. 		Real Property May 10, 2001
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
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