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Oliver v. AT&T Wireless Services
Displeasing size and shape of structure on adjacent property, which allegedly reduced landowner's property value, isn't actionable as nuisance or inverse condemnation.
Real Property Dec. 29, 1999
U.S. v. Ledford
Order
Real Property Dec. 27, 1999
Northern Colorado Water Conservancy District v. OXY USA Inc.
Economics of oil shale industry must be considered in determining if oil producer demonstrated reasonable diligence in development of conditional water rights.
Real Property Dec. 16, 1999
E-470 Public Highway Authority v. The 455 Company
Landowner in condemnation not entitled to post-judgment interest where petitioner pays deposit into court registry.
Real Property Dec. 16, 1999
Bell v. American Fork City
Order
Real Property Dec. 10, 1999
Santa Fe Trail Ranches Property Owners Assn. v. Simpson
Undecreed change of use of water right cannot be used to establish the historic use of that right.
Real Property Dec. 10, 1999
AEC Industries, LLC v. Survivor Oil, Inc.
Certain interests in oil and gas property subject to foreclosure of mechanic's liens.
Real Property Dec. 10, 1999
In re the General Adjudication of all Rights to use Water in the Gila River System and Source
Federal reserved water rights extend to groundwater that is not subject to prior appropriation under state law.
Real Property Dec. 7, 1999
Washington Mutual Bank v. Superior Court (Brown)
Private state causes of action against lenders for failure to disclose inflated costs are not pre-empted or inconsistent with federal disclosure requirements.
Real Property Dec. 1, 1999
Sherwood-Trimble Medical Group v. 10001 Venice Boulevard Partnership
Deficiency judgment is barred where personal property vendor and real property vendor together receive a single note secured by two separate instruments.
Real Property Dec. 1, 1999
BGJ Associates LLC v. Superior Court (M2B2 LLC)
Expunged lis pendens notice regarding constructive trust of disputed real property is proper where money damages are available.
Real Property Dec. 1, 1999
Wilkinson v. Gaffney
Respondent in condemnation action entitled to attorney fees only to the extent necessary to defend against unauthorized claims.
Real Property Nov. 19, 1999
B. Wills, C.P.A., Inc. v. Public Service Company of Oklahoma
Order
Real Property Nov. 19, 1999
Wollan v. United States Department of Interior
Order
Real Property Nov. 18, 1999
Eby v. Bingham
Ten-year limitation on trust deed lien applies, even though note contemplates payment until obligation satisfied, where final maturity date ascertainable from record. e
Real Property Nov. 16, 1999
Van Wyk v. Public Service Company of Colorado
Regulatory approval of transmission line does not preclude the assertion of claims based on inverse condemnation in the district court.
Real Property Nov. 16, 1999
Property Asset Brokerage LLC v. Magna Associates Liquidating Trust
Brokerage agreement not terminated on anniversary date where performance is not completed by broker.
Real Property Nov. 10, 1999
Highland Meadow Estates at Castle Peak Ranch Inc. v. Buick
Covenants limiting construction to single-family residences also prohibits building of roads having no connection to those residences.
Real Property Nov. 9, 1999
Jimerson v. First American Title Ins. Co.
Seller not protected by title insurance against subsequent claims brought by other interested parties.
Real Property Nov. 4, 1999
Merrick & Company v. Estate of Verzuh
Summary judgment denying mechanic's lien improper where issues of fact remain.
Real Property Nov. 4, 1999
Eason v. The Town of Erie
Semi-trailer used for storage not subject to building permit requirement.
Real Property Nov. 4, 1999
Westar Holdings Partnership v. Reece
Trial court is required to hold a hearing to determine whether the filing of a notice of lis pendens is spurious.
Real Property Nov. 4, 1999
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial.
Real Property Oct. 22, 1999
Brown v. Boren
Seller, who subordinated her trust deed to private lender's, must base suit for reordering priorities on contract theories.
Real Property Oct. 22, 1999
Kurtz v. Calvo
Anti-deficiency statute applies only when purchase money note is secured by trust deed on purchased property, not on unrelated property.
Real Property Oct. 22, 1999
Mills Land & Water Co. v. City of Huntington Beach
City's 20-year delay in developing a land use plan could constitute a taking of property.
Real Property Oct. 22, 1999
Barham v. Southern California Edison Co.
Public electrical utility is liable for inverse condemnation damages to owners of property damaged in fire caused by power lines.
Real Property Sep. 30, 1999
Eby v. Bingham
Ten-year limitation on trust deed lien applies, even though note contemplates payment until obligation satisfied, where final maturity date ascertainable from record.
Real Property Sep. 13, 1999
Del Monte Dunes at Monterey v. City of Monterey
Plaintiff is entitled to jury trial in inverse condemnation action.
Real Property Sep. 9, 1999
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial.
Real Property Sep. 6, 1999