MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT. Plaintiff/Counter-Defendant Property Owners Association of Arundel-on-the-Bay, Inc.

Size: px
Start display at page:

Download "MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT. Plaintiff/Counter-Defendant Property Owners Association of Arundel-on-the-Bay, Inc."

Transcription

1 PROPERTY OWNERS ASSOCIATION OF ARUNDEL-ON-THE-BAY, INC., et al. v. Plaintiff/Counter Defendants JOYCE Q MCMANUS Defendant/Counter Plaintiff * IN THE * CIRCUIT COURT * OF MARYLAND * FOR * ANNE ARUNDEL COUNTY * Case No.: C RP * * * * * * * * * * * * MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Plaintiff/Counter-Defendant Property Owners Association of Arundel-on-the-Bay, Inc. ( Association ) and Plaintiffs Florentine and Harrod, by their undersigned attorneys, Wayne T. Kosmerl, Susan T. Ford and Council, Baradel, Kosmerl and Nolan, P.A. hereby file the following Memorandum in Support of Its Motion for Summary Judgment and states as follows: A. Introduction Count One of the Amended Complaint Amended Complaint seeks Declaratory and Injunctive Relief. In a nutshell, the Association seeks a declaration that it is the holder of legal and/or equitable title to Saratoga Avenue and that Saratoga cannot be blocked by Defendant. The Association seeks an injunction stating that the fence encroachment must be removed and free and open access to Saratoga Avenue for all members of the Association be restored. The Counter-Plaintiff s Counter Claim alleges ownership of Saratoga Avenue by adverse possession. The fundamental dispute necessitating this litigation is that the Association claims title to and right of control of all the platted streets in Arundel-on-the-Bay for the benefit of all property owners within Arundel-on-the-Bay including Plaintiffs Florentine and Harrod and the Defendant.

2 The Defendant alleges that she has better title to the paper street known as Saratoga Avenue and that she has the right to block the paper street located adjacent to her deeded property boundary with a fence and claim it for her own private use. The stated basis for this allegation is Md. Real Prop. Code Ann Apparently in the alternative, Defendant alleges she has adversely possessed Saratoga Avenue. Based upon one of these theories, the Defendant has erected a fence across Saratoga Avenue and claims the right to block it off from use by other property owners in Arundel on the Bay in the vicinity of her deeded property. The Association wants the fence to be removed and a declaration from this Honorable Court that the Defendant may not block off or otherwise prevent members of the Association from accessing Saratoga Avenue. The Association is not seeking to prevent the Defendant from making a reasonable use of Saratoga Avenue consistent with neighborhood policies encouraging maintenance and beautification of platted road beds in the community, only from preventing her from blocking other members of the Association from using it. The simple analysis is that regardless of whether the Association or Defendant has superior bare legal title to the paper street known as Saratoga Avenue, all the streets in Arundelon-the-Bay have already been dedicated to the public use and/or have been subjected to an implied easement in favor of all lot owners in Arundel-on-the-Bay. Under such a scenario, no one has the right to block other property owners within Arundel-on- the-bay from using the platted streets in Arundel on the Bay, no matter whether they are paved or not. Summary judgment is thus clearly appropriate in the Association s favor as to Count One of the Amended Complaint and Counter-Claim. A. Dedication to the Public Use 2

3 A common law dedication requires an offer by the grantor and an acceptance by a competent government authority. Chester v. Gilcrest, 64 Md.App. 541, 545 (1985), partially overruled on other grounds, 307 Md. 422 (1986). When an owner of land conveys lots bounding upon streets and alleys which are laid down on a plat which the owner made of his property, an intention to dedicate the land lying in the bed of the streets and alleys to public use will be presumed, in the absence of language showing that no dedication was intended. Mauck v. Bailey, 247 Md. 434, 443 (1967). Acceptance can be shown in a number of ways including by deeds or other records, acts in pais, continued public use, express statutory provisions or by other official actions. Chester, supra at 545. Further, there is no time limitation on acceptance, because where a new town is laid out it is not expected that all the streets and parks will be needed by the public at once. T. Hackerman v. Mayor and City Council of Baltimore, 212 Md. 618, 626, 130 A.2d 732 (1957). The legislative actions of the General Assembly of 1898 creating the Town of Arundel on the Bay expressly subjected all streets, alleys, lanes, parks and public grounds in Arundel-onthe-Bay to the control of the Town Commissioners. This constituted acceptance of the offer of dedication. Windsor Resort v. Mayor of Ocean City, 71 Md. App. 476, 487 cert den. 311 Md. 145, 532 A.2d 1371 (1987). ( There can be no serious dispute that the portion of Atlantic Avenue which lies within the original boundaries of the Town of Ocean City was accepted by the General Assembly on behalf of Ocean City as a public roadway. ) In accord, Mayor of Baltimore v. Chesapeake Marine Railway Co., 233 Md. 559, 197 A.2d 821 (1964). See also as persuasive authority, Memorandum Opinion of the Honorable Michael E. Loney in Property Owners Association of Arundel on the Bay, Inc. et al. v. Durant et al., Cir. Ct. for Anne Arundel County, Case No. C (March 19, 1998), Exhibit A to Motion to Extend Time To 3

4 Respond To Motion For Summary Judgment ( Durant litigation ). There, Judge Loney stated at pages 4-5, In 1898, the Town of Arundel on the Bay was created by Act of the General Assembly as specified in Chapter 349, Laws of Maryland. The Act was later codified as Section 129 of the Anne Arundel County Code. The actions taken by the General Assembly are considered express statutory provisions and are considered an acceptance for purposes of dedication. Chester v. Gilcrest, 64 Md. App. 541 (1985).[T]he Court finds that all streets and road beds within the Arundel on the Bay subdivision were dedicated for use as public streets and were accepted first by the Commissioners and then by the Trustees and the Property Association... Acceptance of the offer of dedication was further manifested by the Town s subsequent grant of a deed for the streets in Arundel-on-the-Bay including Saratoga Avenue from the Town Commissioners for Arundel on the Bay to the Town Trustees in 1949 at the time the Town of Arundel-on-the-Bay s charter was repealed. See, Exhibit B to the Complaint. The property owners in Arundel on the Bay were the eligible voters who elected the Town Commissioners. Exhibit H to Complaint. The Town Trustees were permitted to convey the streets to the Association, at the direction of the property owners in Arundel on the Bay. Exhibit B to Complaint. Once there has been a dedication to the public use of a platted street, Maryland law is clear that the dedicated land may not be adversely possessed. Mauck v. Bailey, supra, at 443. The facts of the original developer s filing of the record plat for Arundel on the Bay in 1890, incorporation of the Town in 1898 by Acts of the General Assembly is not in dispute. See, paragraphs 16 and 29 of the Affidavit of John Dowling attached to Defendant s Motion for Summary Judgment. The Acts of 1898 expressly gave control of the streets in Arundel-on-the- Bay to the Town Commissioners in Chapter 32, a fact which Mr. Dowling disputes in paragraph 30 of his Affidavit. Such a generalized statement that there is a dispute of material fact does not 4

5 rise to a genuine dispute of material fact sufficient to defeat summary judgment. Maryland law is clear that formal denials or general allegations are insufficient to prevent the award of summary judgment.the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Seaboard Surety Co. v. Richard F. Kline, Inc. 91 Md.App. 236, 603 A.2d 1357 (1992). The fact that the Town Commissioners believed they had not only control but actual title to all the streets in Arundel-on-the-Bay, and thus accepted the offer of dedication, is not in dispute as the Town Commissioners granted a deed to the streets which deed included Saratoga Avenue to their Trustee successors when the Town was dissolved in Exhibit B to the Complaint. These facts clearly show an offer to dedicate the streets to public use and acceptance of the offer. Mauck, Chester, Windsor Resort, supra. This Court in a strikingly similar case in this same neighborhood found that all streets in Arundel-on-the- Bay were dedicated to public use and that a fence erected across another paper street had to be removed. See, Judge Loney s Memorandum Opinion, Durant litigation, supra. If this court finds as a matter of fact and law as Judge Loney did that there has been a dedication to the public, then the fence must come down. Further, Counter-Plaintiff s Counter Claim alleging adverse possession of Saratoga Avenue must fail and summary judgment should be entered in the Association s favor as to the Counter-Claim. If this Court finds there has been a dedication of Saratoga Avenue, then summary judgment as to Count One of the Complaint is also appropriate. To be clear, the Association is not seeking to prevent the Defendant from using, beautifying and improving Saratoga Avenue in the vicinity of her deeded property boundaries. These types of uses have typically been deemed acceptable by the Association in Arundel-on- the-bay on the dedicated streets. Affidavit of 5

6 Frank Florentine, Exhibit B. The Association is simply seeking to prevent the Defendant from blocking others from walking upon Saratoga Avenue. B. Implied Easement For Use By Members of Association Assuming, for the sake of argument, that this Court was incorrect in its 1998 finding in the Durant litigation there was a public dedication of the streets and road beds within Arundelon-the-Bay, then the fence must still come down as an implied easement in favor of all property owners within the Association exists over all streets and road beds and in Saratoga Avenue in particular because it ends at the navigable waterway known as Fishing Creek. When a common grantor sells land designated as lots and streets within a municipality, there is a rebuttable presumption that grantor intended two results: (1) to offer to dedicate the streets to public use; (2) regardless of whether or not the offer of dedication was accepted by the municipality, to grant the purchasers an implied right of way over the streets contiguous to the lots to the next closest street or public way. Koch v. Strathmeyer, 357 Md. 193, 742 A.2d 946, 949 (1999). The general rule is that the scope of the implied easement is to the next street or public way. Id. at 950. When the right of way intersects a public waterway, the nearest public way is the waterway. Id. In waterfront developments, all interior lot owners have a right of way over platted streets to reach community waterfront areas. Such rights of way may not be blocked. Klein v. Dove, 205 Md. 285, 107 A.2d 82 (1954). In Klein, a lot owner in the waterfront community of Wild Rose Shores in Anne Arundel County abutting a platted right of way leading to a lake area attempted to block access to the right of way such that interior lot owners could not access the lake area. There, the Court of Appeals quoted with approval from the trial court s opinion which stated: 6

7 That the purchasers of the lots in this subdivision thought they were buying not only the right to use the roads and paths laid down on said plat, but, as well, the right to use the piers on the east and west sides thereof, and the Lake area, is, I think, certain. Everyone connected with the development contemplated them having those rights. If a purchaser of a lot in a waterfront development did not expect to get the right to use the water, few would purchase lots therein. After all is said and done, a waterfront development cannot be a waterfront development without a waterfront. It is true that the areas in question are not marked community property or anything like that, but I do not understand that to be absolutely necessary Id. at 292. Similarly, in a case involving the attempted blocking of platted paths and streets in the waterfront community of Bay Ridge in Anne Arundel County, waterfront property owners erected a chain to block access to a platted street and a platted, but unpaved and overgrown path which was seldom used, could only be traversed on foot and ended at a marsh without any boating or bathing facilities. The Court of Appeals stated In this State the importance of access to the water in a waterfront development has been clearly recognized. Simon Distributing Corporation v. Bay Ridge Civic Association, 207 Md. 472, 480, 114 A.2d 829 (1955). There, the party attempting to chain off the road and path had fee simple title to the path and roadbed. The court enjoined the property owner from blocking the path and roadbed, however, finding that: The main purposes of the rights of way in this waterfront were evidently to enable lot owners and their families to get about in the development and get to the water. Gates, chains or like obstructions across any roads or paths could only defeat this purpose or make its attainment more difficult. The fair inference from the showing of these ways on the plats was, we think, that they should be unobstructed, and we do not see how the defendant s acquisition of title to the beds of Worden Path and a portion of Lake Drive could alter the representations made to other purchasers of lots by the plats upon the faith of which lots in the development were sold. Id. In the case at hand, the Defendant s fence blocks access via Saratoga Avenue to the community boat launching ramp and other community waterfront areas which are located one house further down Saratoga Avenue from her property. Arundel-on-the-Bay is a waterfront 7

8 development. All members of the Association purchased their property in Arundel-on-the-Bay with the expectation that they would have the right to use all platted streets and roadbeds within Arundel-on-the-Bay to get about in the development and to reach community water-oriented recreational areas and other water access areas. Affidavit of Frank Florentine, Exhibit B. Even if this court finds that there was no public dedication of Saratoga Avenue and that the Defendant is the fee simple title holder to the roadbed of Saratoga Avenue, the Defendant still does not have the right, as a matter of law, to block the rights of way (implied easement) over any roadbeds in the community which rights of way were created by the developer s filing of the record plat and subsequent conveyance of lots pursuant to the record plat. Klein, Simon Distributing Company, supra. C. Conclusion Summary judgment is thus appropriate requiring removal of the fence blocking Saratoga Avenue because there is no dispute of material fact and the Association is entitled to judgment as a matter of law. There is no dispute as to the following facts: The original record plat for Arundel-on-the-Bay was filed in 1890 and amended in The General Assembly by Acts of 1898 subjected the streets in Arundel-on-the-Bay to the control of the Town Commissioners. The original developer, after filing the record plat, conveyed out parcels by reference to the record plat. The Town Commissioners conveyed the streets in Arundel-on-the-Bay, including Saratoga Avenue, to the Town Trustees who then conveyed them to the Association for the benefit of all property owners in Arundel-on-the-Bay. Arundel-on-the-Bay is a waterfront community. The record plat shows numerous platted streets in Arundel-on-the-Bay, including Saratoga Avenue, which lead to waterfront areas. The property owners in Arundel-on-the-Bay purchased their properties in reliance on the record plat presuming that they could use the platted streets in the 8

9 community to get about in the neighborhood and access the waters of the Chesapeake Bay and Fishing Creek. Saratoga Avenue leads to the community boat ramp in the vicinity of the Defendant s property. Defendant has erected a fence across Saratoga Avenue which blocks the free use of Saratoga Avenue for all lot owners within Arundel-on-the-Bay and claims a portion of Saratoga Avenue is her private property by virtue of Md. Real Prop Code Ann These facts can only lead to the conclusion as a matter of law, as Judge Loney found in the Durant litigation, that there has been a dedication of the streets in Arundel- on-the-bay to the public and/or that the property owners in Arundel-on-the-Bay have an easement over all platted streets to reach water access areas. Thus, regardless of whether the Association or Defendant has fee simple title to the road bed, it can not be blocked preventing interior lot owners from accessing waterfront areas within the subdivision. This is so whether there was a valid dedication, or whether there was simply an implied easement in favor of all interior lot owners. Koch v. Strathmeyer, supra. It also of no import that the subject portion of Saratoga Avenue has never been opened as a street and is only used for foot access to waterfront areas. Simon Distributing, supra. Wherefore, the Association and Plaintiffs Florentine and Harrod respectfully requests that this Honorable Court grant summary judgment in their favor as to Count One of the Amended Complaint and as to the Counter-Claim filed in the above-captioned matter. COUNCIL, BARADEL, KOSMERL & NOLAN, P.A. By: Wayne T. Kosmerl Susan T. Ford 125 West Street, 4 th Floor P. O. Box 2289 Annapolis, MD

10 (410) Attorneys for Plaintiffs/Counter-Defendants, Property Owners Association of Arundelon-the-Bay, Inc., and Plaintiffs Frank A. Florentine and Milton Harrod CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the day of October, 2005, a copy of the aforementioned Memorandum in Support of Motion for Summary Judgment was hand-delivered to: Merle F. Maffei, P.A. 113 Cathedral Street Annapolis, Maryland Susan T. Ford 10

RESPONSE TO MOTION FOR SUMMARY JUDGMENT. Plaintiff/Counter-Defendant Property Owners Association of Arundel-on-the-Bay, Inc.

RESPONSE TO MOTION FOR SUMMARY JUDGMENT. Plaintiff/Counter-Defendant Property Owners Association of Arundel-on-the-Bay, Inc. PROPERTY OWNERS ASSOCIATION OF ARUNDEL-ON-THE-BAY, INC., et al. Plaintiffs/Counter Defendant v. JOYCE Q MCMANUS Defendant/Counter Plaintiff * IN THE * CIRCUIT COURT * OF MARYLAND * FOR * ANNE ARUNDEL COUNTY

More information

MOTION TO ALTER OR AMEND JUDGMENT. Plaintiffs, by their undersigned attorneys, pursuant to Maryland Rule hereby move

MOTION TO ALTER OR AMEND JUDGMENT. Plaintiffs, by their undersigned attorneys, pursuant to Maryland Rule hereby move PROPERTY OWNERS ASSOCIATION OF ARUNDEL-ON-THE-BAY, INC. Plaintiff/Counter Defendant v. JOYCE Q MCMANUS Defendant/Counter Plaintiff * IN THE * CIRCUIT COURT * OF MARYLAND * FOR * ANNE ARUNDEL COUNTY * Case

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004 GEORGE T. BLACK, GLORIA D. BLACK, ET AL, Appellant, v. Case No. 5D03-2306 ORANGE COUNTY, ETC., Appellee. Opinion filed

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed February 23, Appeal from the Iowa District Court for Wapello County, Michael R.

IN THE COURT OF APPEALS OF IOWA. No / Filed February 23, Appeal from the Iowa District Court for Wapello County, Michael R. IN THE COURT OF APPEALS OF IOWA No. 1-087 / 10-0949 Filed February 23, 2011 MARGARET ELLIOTT, Plaintiff-Appellant, vs. WAYNE JASPER, Defendant-Appellee. Appeal from the Iowa District Court for Wapello

More information

BARBARA BEACH OPINION BY v. Record No JUSTICE DONALD W. LEMONS FEBRUARY 27, 2014 JAY TURIM, TRUSTEE, ET AL.

BARBARA BEACH OPINION BY v. Record No JUSTICE DONALD W. LEMONS FEBRUARY 27, 2014 JAY TURIM, TRUSTEE, ET AL. PRESENT: All the Justices BARBARA BEACH OPINION BY v. Record No. 130682 JUSTICE DONALD W. LEMONS FEBRUARY 27, 2014 JAY TURIM, TRUSTEE, ET AL. FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA Lisa B. Kemler,

More information

ENTRY ORDER SUPREME COURT DOCKET NO JULY TERM, 2018

ENTRY ORDER SUPREME COURT DOCKET NO JULY TERM, 2018 Note: In the case title, an asterisk (*) indicates an appellant and a double asterisk (**) indicates a crossappellant. Decisions of a three-justice panel are not to be considered as precedent before any

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LOWER COURT CASE NO. 3D PRIME WEST, INC. and PRIME WEST CONDOMINIUM ASSOCIATION, INC.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC LOWER COURT CASE NO. 3D PRIME WEST, INC. and PRIME WEST CONDOMINIUM ASSOCIATION, INC. IN THE SUPREME COURT OF FLORIDA CASE NO. SC 05-1697 LOWER COURT CASE NO. 3D04-471 PRIME WEST, INC. and PRIME WEST CONDOMINIUM ASSOCIATION, INC., Petitioners, v. LORENZO CAMARGO and ANA CAMARGO, his wife;

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS SOUTH COVE CONDO ASSN, Plaintiff-Appellant, UNPUBLISHED October 31, 2006 v No. 270571 Berrien Circuit Court DUNESCAPE @ NEW BUFFALO II, LTD, LC No. 2005-002810-CZ Defendant-Appellee.

More information

APPEAL FROM THE CIRCUIT COURT OF McDONALD COUNTY. Honorable John R. LePage, Associate Circuit Judge

APPEAL FROM THE CIRCUIT COURT OF McDONALD COUNTY. Honorable John R. LePage, Associate Circuit Judge RUSSELL VAN ELK, Appellant/Cross-Respondent, vs. DARLENE L. URBANEK, as Trustee of the DARLENE L. URBANEK TRUST, Dated May 2, 2005, and Nos. SD 29364 & SD29412 DARLENE L. URBANEK, Individually, Opinion

More information

IN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 6 June Appeal by defendants from order entered 18 July 2016 by Judge Jay D.

IN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 6 June Appeal by defendants from order entered 18 July 2016 by Judge Jay D. IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA16-1189 Filed: 6 June 2017 Onslow County, No. 14 CVS 4011 KINGS HARBOR HOMEOWNERS ASSOCIATION, INC., Plaintiff, v. ROY T. GOLDMAN and wife, DIANA H. GOLDMAN,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JOHN SCHOENHERR, SHELLEY SCHOENHERR, TIMOTHY SPINA, and ELIZABETH SPINA, UNPUBLISHED November 22, 2002 Plaintiffs-Appellees, v No. 235601 Wayne Circuit Court VERNIER

More information

v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN September 18, 2009 MICHAEL D. DELORE, ET AL.

v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN September 18, 2009 MICHAEL D. DELORE, ET AL. PRESENT: All the Justices HENRY ANDERSON, JR., ET AL. v. Record No. 082416 OPINION BY JUSTICE BARBARA MILANO KEENAN September 18, 2009 MICHAEL D. DELORE, ET AL. FROM THE CIRCUIT COURT OF BEDFORD COUNTY

More information

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY [Cite as Watson v. Neff, 2009-Ohio-2062.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY Jeffrey S. Watson, Trustee, : : Plaintiff-Appellant, : : Case No. 08CA12 v. : : DECISION

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS LON R. JACKSON, Plaintiff-Appellant, UNPUBLISHED June 27, 2006 and DORIS A. JACKSON, LAWRENCE ORTEL, KAREN ORTEL, ASTRID HELEOTIS, and DREW PESLAR, Plaintiffs/Counter-Defendants-

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JANUARY 8, 2016; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-000767-MR RUTH C. DEHART APPELLANT APPEAL FROM GRAVES CIRCUIT COURT v. HONORABLE DENNIS R.

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC DISTRICT COURT CASE NO.: 3d TRIAL COURT CASE NO MARIA T.

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC DISTRICT COURT CASE NO.: 3d TRIAL COURT CASE NO MARIA T. IN THE SUPREME COURT OF FLORIDA CASE NO. SC07-1526 DISTRICT COURT CASE NO.: 3d06-1873 TRIAL COURT CASE NO. 05-15150 MARIA T. THORNHILL Plaintiff / Petitioner Vs. ADMIRAL FARRAGUT CONDOMINIUM APARTMENTS

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session BARRY RUSSELL, ET AL. v. HENDERSONVILLE UTILITY DISTRICT Appeal from the Chancery Court for Sumner County No. 2010C120 Tom E.

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STEPHEN SINATRA and JANICE SINATRA, Appellants, v. Case No. 2D12-1031

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT. v. Case No. 5D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PELICAN CREEK HOMEOWNERS, LLC, H.A. BUSSEY,

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT WAYNE GOLDMAN, MARIANNE GOLDMAN and SEAN ACOSTA, Appellants, v. STEPHEN LUSTIG, Appellee. No. 4D16-1933 [January 24, 2018] CORRECTED OPINION

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BRUCE W. CHARITY and GABRIELE CHARITY, as husband and wife; MARJORIE

More information

FOR LINE. and April Moses (collectively, "Plaintiffs"), by their undersigned counsel, hereby submit

FOR LINE. and April Moses (collectively, Plaintiffs), by their undersigned counsel, hereby submit " if '- SHERRY BELLAMY, et al. Plaintiffs, v. PROPERTY OWNERS ASSOCIA non OF ARUNDEL ON THE BAY, INC., et al. IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY Case No. 02-C-06- I 15184 Defendants. LINE Plaintiffs,

More information

BOARD OF SUPERVISORS OF STAFFORD COUNTY, ET AL. OPINION BY v. Record No JUSTICE S. BERNARD GOODWYN JUNE 4, 2009 CRUCIBLE, INC.

BOARD OF SUPERVISORS OF STAFFORD COUNTY, ET AL. OPINION BY v. Record No JUSTICE S. BERNARD GOODWYN JUNE 4, 2009 CRUCIBLE, INC. PRESENT: All the Justices BOARD OF SUPERVISORS OF STAFFORD COUNTY, ET AL. OPINION BY v. Record No. 081743 JUSTICE S. BERNARD GOODWYN JUNE 4, 2009 CRUCIBLE, INC. FROM THE CIRCUIT COURT OF STAFFORD COUNTY

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS KENNETH H. CORDES, Plaintiff-Counter Defendant- Appellee, UNPUBLISHED June 7, 2012 v No. 304003 Alpena Circuit Court GREAT LAKES EXCAVATING & LC No. 09-003102-CZ EQUIPMENT

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS PAUL MARINO and LINDA MARINO, Plaintiffs-Appellants, UNPUBLISHED June 19, 2001 v No. 215764 Wayne Circuit Court GRAYHAVEN ESTATES LTD., LLC, LC No. 98-813922-CH GRAYHAVEN-LENOX

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JOSEPH COYNE, JOYCE COYNE, JEANETTE J. DAY, WILLIAM H. DRANE, JUDY DRANE, DONALD A. ENYEDY, VICTORIA L. ENYEDY, MARK FRASER, DEBORAH FRASER, THOMAS HUBER, JANEL E. HUBER,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ROBERT LITTLE and BARBARA LITTLE, Plaintiffs/Counterdefendants- Appellants, UNPUBLISHED March 23, 2006 v No. 257781 Oakland Circuit Court THOMAS TRIVAN, DARLENE TRIVAN,

More information

IN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 3 November 2015

IN THE COURT OF APPEALS OF NORTH CAROLINA. No. COA Filed: 3 November 2015 IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA14-1222 Filed: 3 November 2015 Buncombe County, No. 13 CVS 3992 THE RESIDENCES AT BILTMORE CONDOMINIUM OWNERS ASSOCIATION, INC., Plaintiff, v. POWER DEVELOPMENT,

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA International Development : Corporation, : Appellant : : v. : No. 1805 C.D. 2010 : Argued: June 6, 2011 Sherwood B. Davidge and Calvery : Crary, their heirs, executors,

More information

BOUNDARY SURVEYS RE-SURVEYS

BOUNDARY SURVEYS RE-SURVEYS BOUNDARY SURVEYS RE-SURVEYS One of the difficult tasks for a surveyor is the re-surveying of lands, the re-location of the boundary lines between privately-owned lands or the re-location of the boundary

More information

NO. COA Filed: 15 November Easements- servient tenant s impermissible interference with dominant tenant s use-- motion to dismiss

NO. COA Filed: 15 November Easements- servient tenant s impermissible interference with dominant tenant s use-- motion to dismiss FRANK H. R. FALKSON, KENNETH COLLIER, FRANCIS CARTER, ALBERT G. FOLCHER, III, VICTOR VANCE, BURT MOODY, AND WATERWAY LANDING - POCOSIN FARMS PROPERTY OWNERS ASSOCIATION, Plaintiffs, v. CLAYTON LAND CORPORATION,

More information

Third District Court of Appeal State of Florida, July Term, A.D., 2013

Third District Court of Appeal State of Florida, July Term, A.D., 2013 Third District Court of Appeal State of Florida, July Term, A.D., 2013 Opinion filed September 25, 2013. Not final until disposition of timely filed motion for rehearing. No. 3D12-2257 Lower Tribunal No.

More information

Daniel M. Schwarz of Cole Scott & Kissane, P.A., Plantation, for Appellants.

Daniel M. Schwarz of Cole Scott & Kissane, P.A., Plantation, for Appellants. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SILVER BEACH TOWERS PROPERTY OWNERS ASSOCIATION, INC., SILVER BEACH TOWERS EAST CONDOMINIUM ASSOCIATION, INC., and SILVER BEACH TOWERS WEST

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JAMES S. MCCORMICK, Plaintiff/Counter Defendant - Appellant, UNPUBLISHED March 16, 2010 and ELIZABETH A. HOCHSTADT, Plaintiff/Counter Defendant, v No. 283209 Livingston

More information

DRAFT- SUBJECT TO REVISIONS BEFORE FILING

DRAFT- SUBJECT TO REVISIONS BEFORE FILING IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA THE SIESTA KEY ASSOCIATION OF SARASOTA, INC., and DAVID N. PATTON, Plaintiffs, v. Case No. STATE OF FLORIDA DEPARTMENT

More information

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 4, 2018

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 4, 2018 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 4, 2018 10/05/2018 HERBERT T. STAFFORD v. MATTHEW L. BRANAN Appeal from the Chancery Court for Sequatchie County No. 2482

More information

c. elimination as encumbrance 1) express release 2) review of specific facts with underwriter (general description)

c. elimination as encumbrance 1) express release 2) review of specific facts with underwriter (general description) TITLE ISSUES IN EASEMENTS AND CCR S I Easements (the Company ) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding

More information

Case 1:16-cv IT Document 33 Filed 09/20/16 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 1:16-cv IT Document 33 Filed 09/20/16 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Case 1:16-cv-10422-IT Document 33 Filed 09/20/16 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ROBERT JOHNSON a/k/a ROBERT * JOHNSON, JR., * * Plaintiff, * * v. * Civil Action No.

More information

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ.

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ. Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ. MCCARTHY HOLDINGS LLC OPINION BY v. Record No. 101031 JUSTICE S. BERNARD GOODWYN September 16, 2011 VINCENT W. BURGHER, III FROM THE CIRCUIT

More information

ARIZONA TAX COURT TX /18/2006 HONORABLE MARK W. ARMSTRONG

ARIZONA TAX COURT TX /18/2006 HONORABLE MARK W. ARMSTRONG HONORABLE MARK W. ARMSTRONG CLERK OF THE COURT L. Slaughter Deputy FILED: CAMELBACK ESPLANADE ASSOCIATION, THE JIM L WRIGHT v. MARICOPA COUNTY JERRY A FRIES PAUL J MOONEY PAUL MOORE UNDER ADVISEMENT RULING

More information

THE FLORIDA SUPREME COURT PETITIONER S BRIEF ON JURISDICTION

THE FLORIDA SUPREME COURT PETITIONER S BRIEF ON JURISDICTION THE FLORIDA SUPREME COURT FLORIDA WEST REALTY PARTNERS, LLC Petitioner, Case No.: SC07-155 Lower Court Case No.: 2D06-5808 v. MDG LAKE TRAFFORD, LLC, Respondent. / PETITIONER S BRIEF ON JURISDICTION Mark

More information

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT BARBARA L. BARNEY, ERNEST W. BARNEY, ET AL., Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION

More information

Party Walls. Institutional Repository. University of Miami Law School. Mark S. Berman. University of Miami Law Review

Party Walls. Institutional Repository. University of Miami Law School. Mark S. Berman. University of Miami Law Review University of Miami Law School Institutional Repository University of Miami Law Review 7-1-1971 Party Walls Mark S. Berman Follow this and additional works at: http://repository.law.miami.edu/umlr Recommended

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS E. RICHARD RANDOLPH and BETTY J. RANDOLPH, Plaintiffs-Appellants, FOR PUBLICATION October 3, 2006 9:00 a.m. v No. 259943 Newaygo Circuit Court CLARENCE E. REISIG, MONICA

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 21, 2009 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 21, 2009 Session IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON July 21, 2009 Session BENTON COUNTY, TENNESSEE, ET AL. v. VERN FRANKLIN CHUMNEY Direct Appeal from the Circuit Court for Benton County No. 7CCV-1149 Charles

More information

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Bay Pointe Waterfront Condominium Association,

More information

NO IN THE SUPREME COURT OF THE STATE OF MONTANA 1996

NO IN THE SUPREME COURT OF THE STATE OF MONTANA 1996 NO. 95-519 IN THE SUPREME COURT OF THE STATE OF MONTANA 1996 A.C. WARNACK, Trustee of the A.C. WARNACK TRUST; and KENNETH R. MCDONALD, v. Plaintiffs, Appellants and Cross-Respondents, THE CONEEN FAMILY

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as Trustee

More information

Present: Carrico, C.J., Compton, Stephenson, Whiting, 1 Hassell, and Keenan, JJ.

Present: Carrico, C.J., Compton, Stephenson, Whiting, 1 Hassell, and Keenan, JJ. Present: Carrico, C.J., Compton, Stephenson, Whiting, 1 Hassell, and Keenan, JJ. Lacy, RICHARD F. DAVIS, ET AL. v. Record No. 941971 OPINION BY JUSTICE ELIZABETH B. LACY September 15, 1995 JOHN T. HENNING,

More information

IN THE SUPREME COURT STATE OF FLORIDA CASE NUMBER: SC LOWER CASE NUMBER: 3D THOMAS KRAMER, Petitioner,

IN THE SUPREME COURT STATE OF FLORIDA CASE NUMBER: SC LOWER CASE NUMBER: 3D THOMAS KRAMER, Petitioner, IN THE SUPREME COURT STATE OF FLORIDA CASE NUMBER: SC04-815 LOWER CASE NUMBER: 3D03-2440 THOMAS KRAMER, Petitioner, v. VERENA VON MITSCHKE-COLLANDE and CLAUDIA MILLER-OTTO, in their capacity as the HEIRS

More information

State of New York Supreme Court, Appellate Division Third Judicial Department

State of New York Supreme Court, Appellate Division Third Judicial Department State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: April 24, 2003 92190 JAMES H. HIGGINS III, as Trustee of the Betty Higgins Inter Vivos Trust, et al.,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS HI-LO HEIGHTS LAKEFRONT PROPERTY OWNERS ASSOCIATION, INC., UNPUBLISHED January 23, 2007 Plaintiff-Appellant, v No. 260848 Jackson Circuit Court COLUMBIA TOWNSHIP, WANDA

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Modesto Bigas-Valedon and Julie Seda-Bigas, No. 513 C.D. 2013 Husband & Wife and Victor J. Submitted December 27, 2013 Navarro and Cheryl A. Navarro, Husband &

More information

Certiorari not Applied for COUNSEL

Certiorari not Applied for COUNSEL 1 SANDOVAL COUNTY BD. OF COMM'RS V. RUIZ, 1995-NMCA-023, 119 N.M. 586, 893 P.2d 482 (Ct. App. 1995) SANDOVAL COUNTY BOARD OF COMMISSIONERS, Plaintiff, vs. BEN RUIZ and MARGARET RUIZ, his wife, Defendants-Appellees,

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2012

Third District Court of Appeal State of Florida, July Term, A.D. 2012 Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed October 24, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D12-1728 Lower Tribunal No.

More information

Litigation of Surveying Court Cases. Daniel Duyck

Litigation of Surveying Court Cases. Daniel Duyck Litigation of Surveying Court Cases Daniel Duyck Daniel Duyck Whipple & Duyck, PC Attorneys at Law 503-222-6191 dduyck@whippleduyck.com www.whippleduyck.com How Property is Held in Oregon Fee Simple Life

More information

Case 3:10-cv MO Document 123 Filed 08/02/11 Page 1 of 9 Page ID#: 1439

Case 3:10-cv MO Document 123 Filed 08/02/11 Page 1 of 9 Page ID#: 1439 Case 3:10-cv-00523-MO Document 123 Filed 08/02/11 Page 1 of 9 Page ID#: 1439 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JON CHARLES BEYER and SHELLEY RENEE BEYER,

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC06-2461 DOUGLAS K. RABORN, et al., Appellants, vs. DEBORAH C. MENOTTE, etc., Appellee. [January 10, 2008] BELL, J. We have for review two questions of Florida law certified

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Board of Supervisors of : Bridgeton Township, : Appellant : : v. : No. 1098 C.D. 2007 : Argued: March 10, 2008 David H. Keller, a/k/a David : H. Keller, III and

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2012

Third District Court of Appeal State of Florida, July Term, A.D. 2012 Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed December 19, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D11-884 Lower Tribunal No.

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS In re Estate of ROBERT R. WILLIAMS. J. BRUCE WILLIAMS, Petitioner-Appellant, UNPUBLISHED December 6, 2005 v No. 262203 Kalamazoo Probate Court Estate of ROBERT R. WILLIAMS,

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS CIVIC ASSOCIATION OF HAMMOND LAKE ESTATES, Plaintiff-Appellee, FOR PUBLICATION May 18, 2006 9:05 a.m. v No. 264249 Oakland Circuit Court HAMMOND LAKES ESTATES NO. 3 LOTS

More information

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DANIEL WESNER, d/b/a FISH TALES, Appellant, v. Case No. 2D16-4646

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sarah O Layer McCready, Appellant v. No. 1762 C.D. 2016 Argued April 4, 2017 Pennsylvania Turnpike Commission BEFORE HONORABLE P. KEVIN BROBSON, Judge HONORABLE

More information

IN THE SUPREME COURT OF FLORIDA. ERVIN A. HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC

IN THE SUPREME COURT OF FLORIDA. ERVIN A. HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC IN THE SUPREME COURT OF FLORIDA ERVIN A. HIGGS, as Property Appraiser of Monroe County, Florida, CASE NO. SC08-2389 Petitioner, Lower Tribunals: Third District Court of Appeal v. Case No.: 3D08-564 WILLIAM

More information

State of New York Supreme Court, Appellate Division Third Judicial Department

State of New York Supreme Court, Appellate Division Third Judicial Department State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: June 19, 2008 504121 WHITEFACE RESORT HOLDINGS, LLC, Appellant, v MEMORANDUM AND ORDER CHARLES W. McCUTCHEN

More information

STATE OF MINNESOTA IN COURT OF APPEALS A Jeffrey Apitz, et al., Appellants, vs. Terry Hopkins, et al., Respondents.

STATE OF MINNESOTA IN COURT OF APPEALS A Jeffrey Apitz, et al., Appellants, vs. Terry Hopkins, et al., Respondents. STATE OF MINNESOTA IN COURT OF APPEALS A14-1166 Jeffrey Apitz, et al., Appellants, vs. Terry Hopkins, et al., Respondents. Filed May 18, 2015 Reversed and remanded Peterson, Judge Itasca County District

More information

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II RANDALL INGOLD TRUST, by and through its trustee, BANK OF AMERICA, N.A., No. 41115-6-II Respondent, v. STEPHANIE L. ARMOUR, DOES 1-5, UNPUBLISHED

More information

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 15, 2007 Session

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 15, 2007 Session IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 15, 2007 Session JUDITH ANN FORD v. JAMES W. ROBERTS, ET AL. Appeal from the Chancery Court for Hamilton County No. 01-0846 Howell N. Peoples, Chancellor

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff-Appellant, FOR PUBLICATION May 16, 2006 9:10 a.m. v No. 265717 Jackson Circuit Court TRACY L. PICKRELL, LC No.

More information

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell, S.J.

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell, S.J. PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell, S.J. MAC R. CLIFTON, ET AL. OPINION BY v. Record No. 121232 SENIOR JUSTICE CHARLES S. RUSSELL September 12, 2013 EVELYN

More information

Katehis v City of New York 2015 NY Slip Op 30787(U) April 17, 2015 Supreme Court, Queens County Docket Number: /2013 Judge: Kevin J.

Katehis v City of New York 2015 NY Slip Op 30787(U) April 17, 2015 Supreme Court, Queens County Docket Number: /2013 Judge: Kevin J. Katehis v City of New York 2015 NY Slip Op 30787(U) April 17, 2015 Supreme Court, Queens County Docket Number: 705406/2013 Judge: Kevin J. Kerrigan Cases posted with a "30000" identifier, i.e., 2013 NY

More information

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION NEIL A. CRAIG AND : ROSALIE T. CRAIG, : Plaintiffs : vs. : NO: 09-1880 : JAMES DULCEY AND : KATHLEEN DULCEY, : Defendants : James

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS ROBERT J. DETTLOFF and JOANNE DETTLOFF, UNPUBLISHED October 20, 2009 Plaintiffs/Counter-Defendants- Appellees, v No. 287019 Oakland Circuit Court JO McCLEESE-ROSOL, LC

More information

BAYVIEW LOAN SERVICING, LLC OPINION BY v. Record No JUSTICE G. STEVEN AGEE January 11, 2008 JANET SIMMONS

BAYVIEW LOAN SERVICING, LLC OPINION BY v. Record No JUSTICE G. STEVEN AGEE January 11, 2008 JANET SIMMONS PRESENT: All the Justices BAYVIEW LOAN SERVICING, LLC OPINION BY v. Record No. 062715 JUSTICE G. STEVEN AGEE January 11, 2008 JANET SIMMONS FROM THE CIRCUIT COURT OF ROCKINGHAM COUNTY James V. Lane, Judge

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed November 16, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D15-1575 Lower Tribunal No. 14-201-K Norma Barton,

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Maricopa County

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Maricopa County IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE DOMINICK and LYNN MULTARI, Husband and wife, v. Plaintiffs/Appellees/ Cross-Appellants, RICHARD D. and CARMEN GRESS, as trustees under agreement dated

More information

AMENDED COMPLAINT FOR DECLARATORY RELIEF PAGE 1

AMENDED COMPLAINT FOR DECLARATORY RELIEF PAGE 1 Case :-cv-00-mjp Document Filed 0// Page of IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 THOMAS E. HORNISH AND SUZANNE J. HORNISH JOINT LIVING TRUST, TRACY AND BARBARA

More information

IN THE SUPREME COURT OF OHIO. Case No. Appellees. MEMORANDUM IN SUPPORT OF JURISDICTION BY APPELLANTS

IN THE SUPREME COURT OF OHIO. Case No. Appellees. MEMORANDUM IN SUPPORT OF JURISDICTION BY APPELLANTS IN THE SUPREME COURT OF OHIO JAY HOUSEHOLDER, SR., et al. Appellants, Case No. -vs- ERNEST SHANNON, et al. On Appeal From The Jefferson County Court of Appeals Seventh Appellate District Appellees. Court

More information

Sheree Dyer, et al. v. Eva Criegler, et al., No. 2856, September Term, 2000 NEGLIGENCE LEAD POISONING

Sheree Dyer, et al. v. Eva Criegler, et al., No. 2856, September Term, 2000 NEGLIGENCE LEAD POISONING HEADNOTE: Sheree Dyer, et al. v. Eva Criegler, et al., No. 2856, September Term, 2000 NEGLIGENCE LEAD POISONING A real estate agent or broker who lists and promotes residential property for rental is not

More information

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION NEIL A. CRAIG AND : ROSALIE T. CRAIG, : Plaintiffs : vs. : NO: 09-1880 : JAMES DULCEY AND : KATHLEEN DULCEY, : Defendants : James

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS COVENTRY PARKHOMES CONDOMINIUM ASSOCIATION, Plaintiff-Appellee, FOR PUBLICATION October 25, 2012 9:05 a.m. v No. 304188 Oakland Circuit Court FEDERAL NATIONAL MORTGAGE

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS MARILYN A. DZINGLE TRUST, by MARILYN A. DZINGLE, Trustee, UNPUBLISHED February 14, 2017 Plaintiff-Appellee, v No. 330614 Isabella Circuit Court JAMES EARL PLATT, LC No.

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS JOHN T. RUDY and ANN LIZETTE RUDY, Plaintiffs-Appellees, UNPUBLISHED February 22, 2011 v No. 293501 Cass Circuit Court DAN LINTS and VICKI LINTS, LC No. 08-000138-CZ

More information

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D17-1553 STERLING BREEZE OWNERS ASSOCIATION, INC., Appellant/Cross-Appellee, v. NEW STERLING RESORTS, LLC and STERLING BREEZE, LLC, Appellee/Cross-Appellant.

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ADMINISTRATORS OF VACANT SUCC. OF ISAAC J. CELESTINE, ET AL. **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ADMINISTRATORS OF VACANT SUCC. OF ISAAC J. CELESTINE, ET AL. ********** STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-1453 CITY OF DERIDDER, LOUISIANA VERSUS ADMINISTRATORS OF VACANT SUCC. OF ISAAC J. CELESTINE, ET AL. ********** APPEAL FROM THE THIRTY-SIXTH JUDICIAL

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE HENRY BLACK, MARY LOU BLACK, RAYMOND BUCHTA, W. SCOTT BLACK, AND BLACKBALL PROPERTIES, Defendants Below- Appellants, v. GARY STAFFIERI and ADRIA CHARLES STAFFIERI,

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC., Appellant, v. NATIONSTAR MORTGAGE, LLC, Appellee. No. 4D16-2128 [ October

More information

Lessons from the Courtroom: Leasing and Title Litigation in WV

Lessons from the Courtroom: Leasing and Title Litigation in WV Lessons from the Courtroom: Leasing and Title Litigation in WV Follow Steptoe & Johnson on Twitter: Follow @Steptoe_Johnson ALSO FIND US ON http://www.linkedin.com/companies/216795 http://www.facebook.com/steptoe.johnson

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA HAROLD COFFIELD and WINDSONG PLACE, LLC, IN THE SUPREME COURT OF THE STATE OF FLORIDA Petitioners/Plaintiffs, CASE NO.: SC 09-1070 v. L.T.: 1D08-3260 CITY OF JACKSONVILLE, Respondent/Defendant, / PETITIONERS

More information

IN THE COURT OF APPEALS OF IOWA. No / Filed August 25, Appeal from the Iowa District Court for Cedar County, Mark J.

IN THE COURT OF APPEALS OF IOWA. No / Filed August 25, Appeal from the Iowa District Court for Cedar County, Mark J. MARK BINNS and GRACE BINNS, Plaintiffs-Appellees, vs. IN THE COURT OF APPEALS OF IOWA No. 0-498 / 09-1571 Filed August 25, 2010 DON STEWART and BRENDA STEWART, Defendants-Appellants. Judge. Appeal from

More information

ALL OR PART OF MINERALS KNOWN TO BE SEVERED

ALL OR PART OF MINERALS KNOWN TO BE SEVERED MINERAL SEVERANCES Mineral severances, or the separation of the ownership of the minerals underlying the land from the ownership of the surface of the land, is common throughout most of Illinois. When

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2012

Third District Court of Appeal State of Florida, July Term, A.D. 2012 Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed September 19, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D12-360 Lower Tribunal No.

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-50818 Document: 00512655017 Page: 1 Date Filed: 06/06/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 6, 2014 JOHN F. SVOBODA;

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS MATTHEW J. SCHUMACHER, Plaintiff-Appellant/Cross-Appellee, FOR PUBLICATION April 1, 2003 9:10 a.m. v No. 233143 Midland Circuit Court DEPARTMENT OF NATURAL RESOURCES,

More information

8:19-cv LSC-CRZ Doc # 1 Filed: 01/30/19 Page 1 of 11 - Page ID # 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

8:19-cv LSC-CRZ Doc # 1 Filed: 01/30/19 Page 1 of 11 - Page ID # 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA 8:19-cv-00045-LSC-CRZ Doc # 1 Filed: 01/30/19 Page 1 of 11 - Page ID # 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA LAREDO RIDGE WIND, LLC; BROKEN BOW WIND, LLC, and CROFTON BLUFFS

More information

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY [Cite as Am. Tax Funding, L.L.C. v. Archon Realty Co., 2012-Ohio-5530.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY AMERICAN TAX FUNDING, LLC : : Appellate Case No. 25096

More information

PERMISSIVE LAND USE AGREEMENT

PERMISSIVE LAND USE AGREEMENT After recording return to: Richard B. Shattuck Attorney at Law 4102 NW Anderson Hill Road Silverdale, Washington 98383 PERMISSIVE LAND USE AGREEMENT Reference #: Grantor(s): Grantee(s): Legal Description:

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ********** STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-462 CABLE PREJEAN VERSUS RIVER RANCH, LLC ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 20012534 HONORABLE DURWOOD

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS WILLIAM W. CARRUTHERS, HUNT/KERN COTTAGE, LLC, DAVID E. KERN, KATHERINE S. KERN, MARY G. PETERS, ROBERT H. RUSSELL, LEAH H. STEARNS, and SALLY VAN VLECK, UNPUBLISHED

More information