The Tennessee Court of Appeals has issued a significant ruling in a real estate dispute, affirming the dismissal of third-party breach of contract claims but overturning a lower court’s decision to deny the defendants their mandatory attorney’s fees and costs. The case hinged on the interpretation of an agreed-upon deadline…
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County’s Permit Conditions Upheld in Forest Labor Camp Dispute
The Oregon Court of Appeals has affirmed a decision by the Land Use Board of Appeals (LUBA), siding with Jackson County regarding conditions placed on a Temporary Forest Labor Camp (TFLC) permit sought by Mark and Andrea Hutto. The court found that the county acted appropriately in setting an expiration…
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Alaska Supreme Court Upholds Denial of Driveway Easement Claims
The Alaska Supreme Court has affirmed a lower court’s decision rejecting a man’s claims that he held a legal right—an easement—to use a driveway crossing his neighbor’s property for access to his home. Alex Koponen argued he had established either an easement by estoppel based on a decades-old oral agreement…
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Supreme Court Rules Property Owner Must Raise Map Act Claims During Direct Condemnation
The North Carolina Supreme Court has delivered a significant ruling concerning when property owners must seek compensation for development restrictions imposed by the now-repealed Roadway Corridor Official Map Act (Map Act). In a case involving William T. Sanders and the North Carolina Department of Transportation (NCDOT), the Court held that…
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Landlords Cannot Demand Post-Judgment Rent to Stop Eviction, Appellate Court Rules
A New Jersey appellate court has issued a significant ruling clarifying a tenant’s right to avoid eviction for non-payment of rent under the “Stack Amendment,” concluding that tenants only need to pay the amount of rent specified in the original Judgment of Possession (JOP). The decision, handed down by the…
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Real Estate Contract Dispute: Court Rules on Damages, Declares Specific Performance Moot
A recent ruling from the Eleventh Circuit Court of Appeals sheds light on a real estate contract dispute, addressing issues of specific performance and damages. The case involved a buyer and two sellers who had a deal to purchase a property. The sellers breached the contract, leading to a legal…
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Wyoming Supreme Court: Taxpayers Lack Standing in County Financial Management Dispute
The Wyoming Supreme Court has affirmed a lower court’s decision, ruling that a group of Johnson County residents and taxpayers, including Christopher and Amy Williams, Cindy Barlow, Charles and Lois Huson, Marianne Ferrari, and Sharon Smallwood, did not have the legal standing to pursue a lawsuit against the Board of…
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Court Sides with Former Employee, Partially Reverses Decision in Wrongful Termination Case
The California Court of Appeal has partially reversed a lower court’s decision in a wrongful termination case brought by Andrew Black against the Los Angeles County Metropolitan Transportation Authority (MTA) and its subsidiary, Public Transportation Services Corporation (PTSC). The ruling clarifies the legal obligations of public entities under the Government…
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Bridgegate Fallout: Court Reverses Dismissal of Baroni’s Indemnification Lawsuit
The Second Circuit Court of Appeals has overturned a lower court’s decision that dismissed former Port Authority official William Baroni’s lawsuit against the Port Authority of New York and New Jersey. At the heart of the case is Baroni’s request for the Port Authority to cover his legal expenses related…
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Homeowners Association Must Give Recalled Director Equal Access to Election Materials, Court Rules
A California appeals court has reversed a lower court’s decision in a case involving a homeowners association (HOA) and a former board member who was recalled. The court found that the HOA violated state law by not giving the former director, Rachel Arroyo, equal access to election materials during the…