RESTRICTIVE COVENANTS: Injunction properly entered against commercial use of gym contrary to covenants… $60,150 attorney fees properly awarded to Plaintiff pursuant to covenants, also entitled to appeal fees… Eddy affirmed (memorandum). [Read more…]
Zoning, amendment of Neighborhood Plan, spot zoning
ZONING: Amendment of Neighborhood Plan to allow commercial development properly upheld over spot-zoning claim but certain defined commercial uses improperly stricken… Ulbricht affirmed, reversed. [Read more…]
Contract prepayment tax liability
CONTRACT PREPAYMENT: Purchaser properly held not to have fully performed under note or indenture by sellers’ acceptance of full prepayment amount while additional tax liability remained in dispute, but ambiguous prepayment clause improperly construed in favor of sellers resulting in damage award 8 times the stipulated federal tax liability… Wilson affirmed, reversed. [Read more…]
Lakeshore Protection Act, bridge from high-water island
LAKESHORE PROTECTION ACT: Permit for bridge from high-water island to lakeshore improperly granted, bridge properly ordered removed and lakeshore restored… community association had standing to challenge permit but not entitled to fees under private AG or bad faith doctrines… Allison affirmed. [Read more…]
Ratification, HOA validity/enforcement authority
RATIFICATION properly applied to determine that HOA was valid with enforcement authority despite being created in non-compliance with amendment provisions of 1997 covenants… Ulbricht affirmed (IOR I-3(c)). [Read more…]
Property, easements, settlement agreement
PROPERTY: Settlement agreement for “termination of all historical easements between the parties” upheld over claim that one easement was not intended… Ortley affirmed (IOR I-3(d)). [Read more…]
Well driller’s lien, initial dismissal nullity
WELL DRILLER’S LIEN: Initial judgment dismissing lien rendered nullity by reversal, could not release property from lien… claims not mooted by failure to stay execution, post bond, reinstate lien… Gilbert reversed. [Read more…]
Easement, granted location, necessity
EASEMENT: Location of easement granted in deed properly determined in bench trial, easement by necessity properly rejected… Stadler affirmed (IOR I-3(d)). [Read more…]
Property, intestate succession v. adverse possession
PROPERTY: Estate’s claim of outright ownership of farm by adverse possession rejected, farm properly divided into 72nds representing intestate share that passed from ancestor since 1927… Curtis affirmed (IOR I-3(d)). [Read more…]
Property, encroaching buildings, survey fee
PROPERTY: Encroaching buildings properly ordered removed… costs affirmed except $250 for pre-litigation survey… Wheelis affirmed, reversed (IOR I-3(d)). [Read more…]