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Appellate Courts Easements

Carlton Fields

Florida Appeals Court Decisions: Week of October 21-25, 2024

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U.S. Eleventh Circuit Court of Appeals - Ga v. Shafer - elections, federal officer removal, pretrial habeas - Ga v. Clark -  elections, federal officer removal, special purpose grand jury, federal question - Gemini...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waterbody/Easement: South Carolina Appellate Court Addresses Dispute Over Control

The Court of Appeals of South Carolina (“Court”) addressed in a March 20th Opinion an issue involving easements granting access to or control over a body of water. See Carr Farms, Inc. and Titan Farms, LLC v. Watson, 2024 WL...more

Rivkin Radler LLP

A Legal Update for the Title Insurance Industry

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Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more

Amundsen Davis LLC

Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain Proceedings

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On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,...more

Rivkin Radler LLP

The Title Reporter — Summer 2022

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry •An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a...more

Perkins Coie

Court Upholds Equitable Easement Between Neighbors in Property Line Dispute

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The court reversed a decision to grant an implied easement between two homeowners but upheld granting an equitable easement. Romero v. Shih, 78 Cal. App. 5th 326 (2022). The two parcels in question were owned originally...more

McGlinchey Stafford

Do I Have To File A Claim To Foreclose On A Deceased Borrower’s Mortgage? - The Bullet Point: A Commercial Law Bulletin

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Ohio- Insurance coverage for data breach- Emoi Servs., LLC v. Owners Ins. Co., 2d Dist. Montgomery No. 29128, 2021-Ohio-3942 In this appeal, the Second Appellate District reversed and remanded the trial court’s...more

McGlinchey Stafford

Does An “As-Is” Clause In My Contract Preclude A Claim For Breach Of An Express Warranty? - The Bullet Point: An Ohio Commercial...

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Easement by estoppel- DeepRock Disposal Solutions, LLC v. Forté Prods., LLC, 4th Dist. Washington No. 20CA15, 2021-Ohio-1436- In this appeal, the Fourth Appellate District affirmed as modified the trial court’s...more

Husch Blackwell LLP

Texas Court Rules Water Authority Must Pay Damages For Exceeding Contractual Rights

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On March 30, 2021, the Amarillo Court of Appeals issued its opinion in Canadian River Municipal Water Authority v. Hayhook, Ltd, affirming the trial court’s decision to award $506,496.00 plus interest in damages against...more

Perkins Coie

Appellate Courts to Malibu Homeowners: “Defy the Coastal Commission at Your Peril”

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Three months ago, the Fourth District Court of Appeal upheld a Coastal Commission fine of $1 million on homeowners who performed major reconstruction on their Malibu home without obtaining coastal permits and refused to halt...more

Rivkin Radler LLP

The Title Reporter – Spring 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it...more

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

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The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

Porter Hedges LLP

Recent Victory For All Texas Landowners Facing Pipeline Condemnation

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Porter Hedges recently scored a significant victory for landowners Terrance and Kenneth Hlavinka and their families (“the Hlavinkas”) against HSC Pipeline Partners, a subsidiary of Enterprise Products Partners. On June 18,...more

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