PROPERTY TAXES: Claims by tax certificate enterprise based on erroneous classification by DOR of unbuildable property as residential properly rejected for lack of jurisdiction by Commissioners to make appraisal/assessment determinations… Ulbricht affirmed. [Read more…]
Trustee’s sale, legal description scrivener’s error
TRUSTEE’S SALE not lawful because of mutual mistake in legal description due to scrivener’s error cutting parcel in half and clouding neighbor’s title, Trustee and purchaser had authority to foreclose and right to rescind defective deed… Note remains unpaid and enforceable, deed of trust remains subject to judicial foreclosure… Eddy. [Read more…]
Easement, lakeshore easement, lake flooding
EASEMENT: Plaintiffs have single easement over existing lake road, not co-existing express, implied, prescriptive, or necessity easements for elevating road to accommodate flooding… Plaintiffs had no authority to apply for lakeshore improvement permit on Defendants’ land… cost-sharing by Defendants constitutes sufficient consideration for maintenance agreement, agreement not breached by Defendants… Plaintiffs breached detour agreement as to removal of fill and restoration of Defendants’ property, assessed $5,300 costs… claim of conversion of fill rejected… Defendants awarded fees/costs under §25-7-105… Ulbricht affirmed, reversed. [Read more…]
Probate, will challenge, evidence exclusion
PROBATE: Evidence exclusion in will challenge affirmed… Rice affirmed (IOR I-3(c)). [Read more…]
Road easement, permissive v. hostile
ROAD EASEMENT: Use began as permissive, became hostile, but hostile use did not last 5 years, prescriptive right correctly denied… Stadler (IOR I-3(d)(v)). [Read more…]
Traffic, statute of limitations, misdemeanors
TRAFFIC: Statute of limitations for misdemeanors stemming from diabetic MVA death expired, no authority to order AG to pursue negligent homicide… 1-year statute for careless/reckless driving subsequently extended to 3 years by Legislature… Honzel affirmed (IOR I-3(d)(v)). [Read more…]