ZONING: Judge properly determined that Major Change in Use Permit improperly allowed structures for short-term vacation rentals but erred in requiring restoration to unaltered condition… attorney fees & costs awarded to Plaintiffs properly allocated half against Intervenor property owners after County settled out… Eddy affirmed, reversed. [Read more…]
Inverse condemnation, breach of massive fish pond
INVERSE CONDEMNATION claims stemming from breach of massive fish pond allegedly caused by road construction precluded by collateral estoppel of case in which Plaintiff pond owners were Defendants in suit by lower property owners… Wilson affirmed. [Read more…]
Contract, $136,867.92, ambiguous investment agreement
CONTRACT: $136,867.92 judgment properly awarded Plaintiff in dispute over ambiguous investment agreement but no basis for award of $55,000 to Defendant… remanded for further consideration of fees for Defendant prevailing on claim that Plaintiff denied access to financial information… Eddy affirmed, reversed. [Read more…]
Defense verdict, dispute over $440,000 earnest money
VERDICT: Defense, dispute over $440,000 earnest money following ranch sale failure. [Read more…]
Appellate mediation, Mutual Release sticking point
APPELLATE MEDIATION: Parties ordered to go back to mediator to attempt to resolve sticking point in Mutual Release prepared following mediation… order. [Read more…]
Annexation, relation-back petitioners
ANNEXATION: Amendment adding majority of owners properly not allowed to relate back to original petition after 30-day deadline… annexation statute prevails over relation-back Rule… Wheelis affirmed. [Read more…]
Access easement, easement by reference to plat
ACCESS EASEMENT: Transaction documents created valid easement for private access in subdivision by depiction on plat referenced in deed despite no express language or grant of [Read more…]