VERDICT: Defense, dispute over $440,000 earnest money following ranch sale failure. [Read more…]
Easement, church access across neighbor’s property
EASEMENT: Access to church across neighbor’s property properly determined by resort to extrinsic evidence in light of ambiguous “Access” in “Access & Utility Easement Certificate” and plat diagram… attorney fees properly denied church… Allison affirmed. [Read more…]
Fish pond breach, strict liability, $313,230.40 verdict
FISH POND BREACH: 4.5 million-gallon mountain pond constituted abnormally dangerous condition warranting strict liability, $313,230.40 verdict for downhill owners’ damages from breach upheld… Eddy affirmed. [Read more…]
Foreclosure, documents not placed in escrow
FORECLOSURE of developers’ property properly upheld on summary judgment over claim that lender’s failure to place documents into escrow prevented obtaining financing to exercise settlement purchase option… Wilson affirmed (IOR I-3(c)). [Read more…]
Trustee’s sale, legal description scrivener’s error
TRUSTEE’S SALE not lawful because of mutual mistake in legal description due to scrivener’s error cutting parcel in half and clouding neighbor’s title, Trustee and purchaser had authority to foreclose and right to rescind defective deed… Note remains unpaid and enforceable, deed of trust remains subject to judicial foreclosure… Eddy. [Read more…]
Easement, shared driveway, Correction COS
EASEMENT: Express easement correctly found for Plaintiffs over shared driveway as depicted on Correction COS signed by surveyor but not owner. . . additional prescriptive easement properly found over Defendant’s property. . . Eddy affirmed. [Read more…]
$313,230.40 verdict, breached mountain fish pond
VERDICT: $313,230.40 for driveway construction costs and property damage resulting from strict liability breach of mountain fish pond. [Read more…]
Hotel development, side-stepped “partner”
HOTEL DEVELOPMENT: Unjust enrichment, conspiracy, and other claims against bank and purported partner/joint venturer by side-stepped initiator of multi-million dollar hotel project dismissed as to bank, allowed in part and dismissed in part as to purported partner… Eddy. [Read more…]
$1,014,001.50 verdict/judgment, easement nuisance
VERDICT/JUDGMENT: $1,014,001.50 ($600,000 for emotional distress, $400,000 punitives reduced to $114,000 per statutory cap, $300,001.50 attorney fees), injunction, neighbor nuisance (road easement and other misconduct). [Read more…]
Boundary, old fence, community acceptance
BOUNDARY: Fact issues preclude summary judgment as to whether old fence constituted boundary… hearsay passed down from family not within community acceptance exception… Wheelis reversed. [Read more…]