PROPERTY REDEMPTION: Property sufficiently redeemed after certain credits applied… Eddy affirmed (memorandum). [Read more…]
Foreclosure, “maintenance expenses,” cleanup costs
FORECLOSURE: “Maintenance expenses” in §25-13-802(3) do not include cleanup costs for removal of a redemptioner’s personal property (scrap yard items)… Allison reversed. [Read more…]
Deferred prosecution, $25 administration fee
DEFERRED PROSECUTION: Town provided justification for $25 administration fee as a “reasonable condition” of a DPA… Christopher affirmed (IOR I-3(c)). [Read more…]
Easement, shared driveway, Correction COS
EASEMENT: Express easement correctly found for Plaintiffs over shared driveway as depicted on Correction COS signed by surveyor but not owner. . . additional prescriptive easement properly found over Defendant’s property. . . Eddy affirmed. [Read more…]
Libby asbestos, ARD/OD death, last injurious exposure
Exposure to Libby asbestos at LP lumber mill makes LP liable for ARD OD and resulting death despite earlier and larger exposures elsewhere and 50 years of smoking . . . no penalty or fees as LP’s interpretation of last injurious exposure rule was not unreasonable. . . Sandler. [Read more…]
Real estate, Freddie Mac/agent liability for fall
REAL ESTATE: Freddie Mac, as possessor of property where Plaintiff fell through basement access, had duty to use ordinary care in maintaining the property in a reasonably safe condition and warn of hidden/lurking damages… unrelated buyer’s agents who had previously seen the opening did not have a duty… Molloy. [Read more…]
Insurance, subrogation, post-construction flooding
INSURANCE: Insurer precluded from subrogation against contractor for amounts paid for post-construction broken-pipe flooding of school… waivers not violative of public policy, not ambiguous, apply to real & personal property, contractor not barred by clean-hands/judicial-estoppel… 1st-impression issues… Ortley. [Read more…]
Inverse condemnation, subdivision steep slope
INVERSE CONDEMNATION: Remedy for taking/ damage claim resulting from City’s alleged improvident approval of subdivision and building permit on steep slope does not pass to property owners who purchased after the approvals… Ulbricht. [Read more…]
Public duty, subdivision, failed slope
PUBLIC DUTY: “Special relationship” exception not applicable to City’s subdivision involvement vis-à-vis slope failure on Plaintiffs’ lot… Ulbricht. [Read more…]