Real Property: Special Assessments – Equitable Relief – Authority

February 3, 2009 Comments Off on Real Property: Special Assessments – Equitable Relief – Authority

Where homeowners appealed a judgment ordering them to pay their shares of a special assessment passed by their subdivision, the trial court had authority to grant the equitable relief as necessary for preserving the common property and the assessment was ...

Tagged with: Real Property Law

Real Property: Partition Action – Joint Tenancy – Attorney’s Fees

February 3, 2009 Comments Off on Real Property: Partition Action – Joint Tenancy – Attorney’s Fees

Where a trial court ordered a partition sale of property that was found to be owned by the parties as joint tenants with a right of survivorship, the judgment was supported by substantial evidence, but the trial court erred in ...

Tagged with: Real Property Law

Real Property: Fraudulent Misrepresentation – Injurious Falsehood – Property Redevelopment

February 3, 2009 Comments Off on Real Property: Fraudulent Misrepresentation – Injurious Falsehood – Property Redevelopment

Where property owners brought claims of fraudulent misrepresentation, negligent misrepresentation, injurious falsehood and negligence against real estate developers based on allegations that they were damaged by the defendant’s representations about redevelopment and the defendant’s failure to redevelop the property, the ...

Tagged with: Real Property Law

Employer – Employee: Wrongful Termination – Public Policy Exception – Punitive Damages

January 26, 2009 Comments Off on Employer – Employee: Wrongful Termination – Public Policy Exception – Punitive Damages

(1)Where an employee claimed wrongful termination under the public policy exception, the trial court erred and misdirected the jury by failing to give an instruction that required the jury to find that the plaintiff’s communication with government investigators was the ...