INJUNCTION PENDING APPEAL of Goose Bay mobile home eviction TRO/preliminary injunction denial denied by Lovell, emergency motion for injunctive relief denied by 9th Circuit… BOR not in violation of prior order by terminating [Read more…]
Bureau of Reclamation, mobile home evictions
BUREAU OF RECLAMATION has sovereign immunity from mobile home owners’ contract claim against eviction from marina trailer court following expiration of concessionaire [Read more…]
Church property, departing faction
CHURCH PROPERTY: Court bound by Synod Council’s decision that local faction voting 71% to leave hierarchy over homosexual clergy issue may not take property for failure to attain 90% vote per local constitution, property to remain with re-named minority members… same result under neutral [Read more…]
Title insurance, access exception, “public record”
TITLE INSURANCE: Examiner not negligent for excepting access in preliminary commitment even if old book in Clerk & Recorder’s vault is “public record” since it has not been maintained since 1916, contains no survey, legal description, or map of road, does not definitively resolve [Read more…]
Verdict, bank, lumber wholesaler, mill
VERDICT: Lumber wholesaler owed nothing to lender for alleged violation of assignments between mill and lender… [Read more…]
Contract, subcontractor bid “modification”
CONTRACT: Concrete subcontractor’s bid constituted binding contract, issues of acceptance, interlineation counter-offer, [Read more…]
Title insurance, preliminary commitment
TITLE INSURANCE: §33-25-214 search/examination requirements not applicable to preliminary title commitments, summary judgment for title companies on negligence per se… [Read more…]
Property/title insurance, mining claim access
PROPERTY/TITLE INSURANCE: No statutory right of access to mining claim, only right to initiate judicial proceedings and [Read more…]
Foreclosure, compulsory counterclaim
FORECLOSURE: Mobile home park seller not required to assert nonjudicial foreclosure as counterclaim in prior negligent [Read more…]
Real estate, buy-sell, water system, parol evidence
REAL ESTATE: Alleged oral agreements/statements outside buy-sell as to claims for negligent misrepresentation/breach of implied covenant as to trailer court water system barred as parol evidence, not within fraud in inducement exception… [Read more…]