CONSTRUCTION LIEN: Writ of execution against 3rd-party lot purchasers quashed over claim by contractor that developer’s letter of credit was statutorily deficient as a bond and lien was improperly released… Curtis. [Read more…]
Ditch easement, $37,500 for loss of use
DITCH EASEMENT: Prescriptive easement not extinguished by termination of water rights for failure to pay processing fees… Water Court had authority to reopen/reinstate claims… adjacent developer not notified of reinstatement proceeding, [Read more…]
Easement by necessity, scope, interference
EASEMENT by necessity properly established from public road to parcel that was landlocked at time of County severance… old road properly established as public way… easement scope not unlimited as Plaintiffs sought, more expansive than [Read more…]
Sex/retaliation, $108,003, “business” trip
SEX/RETALIATION: $108,003 for inappropriate contact with employee, including ripping top off, during “business” trip, discharging her in retaliation for complaining… Respondent [Read more…]
Construction lien, subdivision road, $111,414 fees
CONSTRUCTION LIEN: Subdivision road “commercial in nature,” not residential, contractor not required to give notice of right to claim lien… challenges to establishment of lien not preserved… attorney fees/interest not relevant to rejected [Read more…]
Foreclosure, $230,434/$83,528 lender counterclaim
FORECLOSURE: $230,433.77 judgment on trust indenture, $83,528 attorney fees, based on verdict for lender on counterclaim and rejecting homeowners’ breach of forbearance claims… McLean affirmed (IOR I-3(d)(v)). [Read more…]
Property, parol evidence, mutual mistake deed
PROPERTY: Parol evidence properly admitted to prove that by mutual mistake deed did not contain agreed restrictions, deed properly reformed… McLean affirmed. [Read more…]