EASEMENT claim by tax deed successor properly rejected over issues involving which tracts were servient and which were dominant, COS specificity, “subject to” and “together with” language in deeds, extrinsic evidence… Wald affirmed. [Read more…]
Tax deeds, erroneous address in Litigation Guarantees
TAX DEEDS void for sending notice to erroneous address in Litigation Guarantees… Larson reversed. [Read more…]
Unjust enrichment, “extra” excavation work
UNJUST ENRICHMENT properly rejected in bench trial of claim of “extra work” required by subcontractor excavator to complete mine buttressing as “benefit” of work was conferred on Mine not excavator… $54,187.50 fees properly awarded Defendant pursuant to oral contract between contractor and subcontractor… Wald affirmed (memorandum). [Read more…]
City water leak, repair v. monitor/maintain
CITY WATER LEAK: City responsible only for repair of private water line serving single customer, not for monitoring or maintaining to prevent claimed $94,075.11 damages under theories of negligence, breach of contract, inverse condemnation… Souza. [Read more…]
Gift inter vivos, mother’s farm shares to son
GIFT INTER VIVOS of mother’s farm shares to son properly upheld over challenges by other son… Olson affirmed. [Read more…]
Tax sale, condos vacant lot, invalid assessment
TAX SALE void because assessment on vacant lot purchased with condos was invalid as tax notice was sent to prior owner and condos owner not aware of delinquent taxes… Salvagni reversed. [Read more…]
Limitation on liability, construction contract
LIMITATION OF LIABILITY to $50,000 in construction contract where design fees were initially $122,967 and ended up $665,000 not violative of §28-2-702 or public policy… Moses affirmed. [Read more…]
Tax lien, redemption period, tax deed
TAX LIEN: Owner properly allowed to redeem after 60-day redemption period but before Treasurer issued a tax deed, entitled to the additional time provided in notice… Halligan affirmed (IOR I-3(c)). [Read more…]
Dismissal of dewatering claims following verdict
DISMISSAL WITH PREJUDICE of dewatering system claims following $1,733,887.40 verdict and settlement with Defendant’s insurer renders appeal moot over request that dismissal be at least conditioned on indemnity from recoupment of settlement amount and for fees/ costs as prevailing party… Todd affirmed (IOR I-3(c)). [Read more…]
Verdict, quiet title to road, $1,000 for trespass
VERDICT: Quiet title granted to road used by express permission or neighborly accommodation, $1,000 damages for trespass. [Read more…]