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Tag Archives: Real Estate

Ferry operator breached licensing agreement (access required)

Real Estate Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails ...

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Demurrers sustained in real estate contract case (access required)

Real Estate Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant ...

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Unapproved site plan excluded in taking case (access required)

Where the highway commissioner sought to take property for a road improvement project, the trial court properly excluded a landowner’s testimony and an unapproved 10-year-old site plan to establish compensation for the taking. Background Palmyra Associates owned a 44-acre unimproved ...

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Harmless error in foreclosure case (access required)

Even though the trial court granted the appellees’ pleas in bar without allowing appellant to present evidence in this foreclosure challenge case, the error was harmless. Appellant’s failure to accept a permanent loan modification “severed the connection” between the lending ...

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‘Fair market value’ insufficient to compel specific performance (access required)

Where the decedent’s will gave her son an option to purchase real estate devised to her three daughters at “fair market value” within one year of the probate of her will, the term “fair market value” is not a “sufficiently ...

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No claim against decedent’s prior real estate interest (access required)

Where decedent held property with two others as joint tenants with right of survivorship, decedent interest passed by operation of law to the other joint tenants, and the bank holding decedent’s car loan cannot seek to satisfy the loan from ...

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Temporary injunction to bar foreclosure denied (access required)

Where defendant has moved for a temporary injunction to bar plaintiff’s foreclosure action, the motion is denied. Defendant is not likely to succeed on the merits because the action was timely filed. Background Defendant Thoburn Limited Partnership, by a deed ...

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