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Name Category Published
State Engineer v. Bradley
Water court's conclusion that plaintiff satisfied his burden of proving historic use of water right to be changed isn't supported by record. 		Real Property Sep. 9, 2002
Kirk v. Kitchens
Redemption price for property in foreclosure may not include prepayment penalty. 		Real Property Sep. 4, 2002
Jagow v. E-470 Public Highway Authority
Damage award to remainder property arising from eminent domain proceeding isn't supported by evidence. 		Real Property Sep. 4, 2002
Opinion of Lockyer
Development created in 1972 where residents own separate lots and undivided interest in common area is 'planned development' for purposes of California law. 		Real Property Sep. 2, 2002
Thornton Creek Legal Defense v. City of Seattle
City's approval of general development plan is upheld. 		Real Property Aug. 26, 2002
City v. Movers Inc.
Municipal ordinance prohibiting posting of temporary signs on city structures violates state constitution. 		Real Property Aug. 21, 2002
Sunstone at Colorado Springs Homeowners Association Inc.
Misnomer in name of homeowner's association does not preclude application of covenants. 		Real Property Aug. 20, 2002
Roberts v. Adams
Payment not required where condition of promissory note relating to sale of second property not met. 		Real Property Aug. 13, 2002
Jem Enterprises v. Washington Mutual Bank, F.A.
When property owner assigns earthquake insurance proceeds to lender, lender has right to control disbursement. 		Real Property Aug. 8, 2002
Shuetz v. Banc One Mortgage Corp.
Yield spread premiums paid to mortgage broker are not violative of the Real Estate Settlement Procedures Act. 		Real Property Aug. 7, 2002
Cobb v. City & County of San Francisco Residential Rent Stabilization & Arbitration Board (Passalacqua)
Landlord is not permitted to dramatically increase rent under Costa-Hawkins Act after new tenant moves in. 		Real Property Aug. 6, 2002
Saratoga Fire Protection Dist. v. Hackett
Statutory date of valuation may be ignored if property sought through eminent domain substantially increases in value before trial. 		Real Property Aug. 6, 2002
Timroth v. Oken
Treasurer's deed issued in relation to tax sale of mining claim is invalid when not issued in timely manner. 		Real Property Aug. 5, 2002
Chelan County v. Nykreim
Application to adjust boundary line must be filed within statute of limitations established in Land Use Petition Act. 		Real Property Aug. 2, 2002
Paxson v. Glovitz
Oral easement that was not recorded led to creation of prescriptive easement. 		Real Property Jul. 29, 2002
Isla Verde International Holdings Inc. v. City of Camas
City may require land developer to establish secondary access road for emergency vehicles. 		Real Property Jul. 28, 2002
Benchmark Land Co. v. City of Battle Ground
City was not authorized to require land company to make improvements to existing street bordering proposed subdivision. 		Real Property Jul. 28, 2002
Jackson Plaza Homeowners Assn. v. Alcal Roofing & Insulation
In construction defect actions, 10-year statute of limitations is tolled during periods in which builder attempts to repair defect. 		Real Property Jul. 18, 2002
The Board of County Commissioners v. Park County Sportsmen's Ranch
Artificial recharge activities involving movement of underground water does not constitute trespass. 		Real Property Jul. 12, 2002
Daniel v. County of Santa Barbara
Property owner cannot prevent county from establishing easement across property. 		Real Property Jul. 12, 2002
Lee v. Masner
Road established prior to filing of homestead claim remains a public road. 		Real Property Jul. 12, 2002
Colorado Homes v. Loerch-Wilson
Homeowner's association owes fiduciary duty to owners of lots in subdivision. 		Real Property Jul. 12, 2002
Turkey Creek Limited Liability Co. v. Anglo America Consolidated Corp.
Payment of filing fees to record deeds of trust sufficient to establish violation of spurious lien statute. 		Real Property Jul. 11, 2002
California Apartment Assn. v. City of Fremont
City is not precluded from making amendments to California Building Standards Code more than 180 days after publication of new code. 		Real Property Jul. 9, 2002
Norwest Mortgage Inc. v. State Farm Fire and Casualty Co.
After mortgagee makes full credit bid, mortgagee is not entitled to insurance proceeds for prepurchase damage to property. 		Real Property Jul. 8, 2002
Alexander v. McClellan
Public use of easement need not be exclusive for creation of prescriptive right. 		Real Property Jul. 8, 2002
Cole v. Laverty
Landowners failed to establish adverse possession necessary to terminate neighbor's easement. 		Real Property Jul. 5, 2002
Lobato v. Taylor
Landowners have rights of access for grazing, firewood and timber, but not for fishing, hunting and recreation. 		Real Property Jul. 3, 2002
El Dorado Palm Springs Ltd. v. City of Palm Springs
City council lacked authority to impose conditions upon approval of subdivision application. 		Real Property Jul. 2, 2002
Farmers Reservoir and Irrigation Co. v. The City of Golden
City may not apply its Priority 12 water to more than 225 acres of lawn. 		Real Property Jun. 19, 2002
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