Case Wilmington Savings Fund Society, FSB, Trustee v. Isandra L. Schulz et al. Court Connecticut Supreme Court Judge Mullins (Dannel
Case Mick Land Development, Inc. v. Town of South Berwick Court Maine Supreme Judicial Court Judge Connors (Janet Mills, 2020)
Case Spencer Melby and Colette Melby v. Bruce Doering and Kim Doering Court Montana Supreme Court Judge Beth Baker (elected
The Virginia Court of Appeals affirmed dismissal of a challenge to a Roanoke rezoning, holding that planning commissions have implied Dillon Rule authority to continue a rezoning hearing from one regularly scheduled meeting to the next without fresh advertising—the original notice covers the continued session, a post-hearing statutory amendment to Code § 15.2-2204 does not apply retroactively, and non-substantive amendments to the application do not independently trigger re-advertising.
The Maine Supreme Judicial Court affirmed the South Berwick Planning Board’s condition requiring a subdivision developer to route primary access through Industry Drive rather than the existing residential Meadow Pond Road, holding the Board had implied authority to impose the condition, that resident lay testimony about road hazards was competent substantial evidence, and that the decision was not arbitrary and capricious.
Connecticut Appellate Court reverses a trial court’s award of attorney’s fees under the quiet title statute, holding that § 47-31(e) authorizes only statutory costs—not counsel fees—in favor of a disclaiming defendant, consistent with the American rule.
Connecticut Appellate Court affirms dismissal of a neighbor fence dispute, holding the claim was moot because the fence was already built and the complaint failed to allege specific damage required for the private zoning enforcement exception.
The Second District affirms judgment finding no proximate cause between established fiduciary breach and claimed damages in family real estate dispute, and forfeiture of amendment arguments.
First District holds that a ratepayer’s Proposition 218 challenge to water rates is permanently barred after she failed to participate in the water district’s validation action within the 120-day window set by Government Code section 53759.
Case Duane Charles Hippe, Jr. v. Dakota County Sheriff Joe Leko Court Minnesota Court of Appeals Judge Ede (Tim Walz,
The Court of Appeals of Georgia affirmed summary judgment in a 35-year-old family deed dispute, holding that a deed signed by someone other than the named maker, with no indication of representative capacity, was facially invalid and that laches did not bar the claim of the party in peaceable possession.
The Court of Appeals of Georgia affirmed summary judgment for a Cobb County landowner, holding that the word ‘proposed’ on a 1954 subdivision plat created an ambiguity about road dedication and that decades of county conduct disclaimed any public interest in the property.
Case Forest Grove Citizens Association, et al. v. Forest Glen Medical Center, LLP, et al. Court Appellate Court of Maryland
The Second DCA reversed a default eviction judgment where tenants timely filed motions to determine rent alleging the landlord agreed to reduced rent due to hurricane damage, holding the county court erred by entering default without first conducting an evidentiary hearing on the rent motions.
The Fifth DCA reversed a $300,000 surcharge against a personal representative for breach of fiduciary duty, holding that the surcharge improperly equated the withdrawn purchase offer with actual damages without evidence of the property’s fair market value.
The Texas Supreme Court reversed a no-answer default judgment where substituted service through the Secretary of State was forwarded to incorrect addresses, holding strict compliance with statutory address requirements is necessary.
The Texas Supreme Court held that the constitutional forfeiture remedy for home equity loan violations applies only to breaches of constitutionally mandated loan conditions, not to every contractual breach by a lender.
Case Towd Point Mortgage Trust 2019-4 v. Leslie Bodwell et al. Court Maine Supreme Judicial Court Judge MEAD (John E.
Case Wilmington Savings Fund Society, FSB, as Trustee for Brougham Fund I Trust v. Leonard M. Cortellino et al. Court
The Eighth District affirmed summary judgment for the seller and real estate agent in a residential sale dispute, holding that Ohio’s caveat emptor doctrine barred fraud claims where the buyer purchased a 108-year-old home as-is with an inspection contingency.
The Second Court of Appeals upheld Fort Worth’s zoning restrictions confining short-term rentals to designated areas, rejecting constitutional challenges from property owners operating STRs in residential districts.
Case Solmar Inc. and Benny Marotta v. Stewart Hall Court Court of Appeal for Ontario (Canada) Date Decided May 27,
Case Metro Ontario Real Estate Limited v. Hillmond Investments Ltd. carrying on business as Central Parkway Mall Court Court of
Case State of Oklahoma ex rel. J. Kevin Stitt, Governor v. City of Tulsa; Monroe Nichols IV, Mayor; Dennis Larsen,