Real Property-Oil and Gas Leases-Surface Damage-Attorneys’ Fees
Defendant appealed the district court’s award of attorneys’ fees to plaintiffs. Plaintiffs were landowners on whose land defendant owned the subsurface mineral rights. North Dakota law required mineral developers like […]
Real Property: Inverse Condemnation-Injunctive Relief
Plaintiffs appealed the trial court’s grant of summary judgment to defendant on plaintiffs’ inverse condemnation claim. Plaintiffs argued that genuine issues of material fact remained, and further contended that their […]
Real Property: Unjust Enrichment-Party Status
Plaintiff appealed the trial court’s judgment in favor of John Miller III on his counterclaim for unjust enrichment, arguing that Miller was not a party to the lawsuit and failed […]
Real Property: Breach of Lease-Unlawful Detainer
Plaintiff appealed the dismissal of its claims of unlawful detainer, breach of contract, trespass, waste and piercing the corporate veil against defendants, following the alleged termination of defendants’ commercial lease […]
Real Property: Commercial Lease-Racial Discrimination-RICO Conspiracy
Several defendants moved to dismiss plaintiffs’ complaint, while plaintiffs cross-moved to join additional defendants and amend their complaint and to request reconsideration of the court’s prior order dismissing a defendant […]
Real Property: Subdivision-Covenants and Restrictions
Plaintiffs appealed the trial court’s adverse judgment in their complaint seeking a declaration of the parties’ rights under covenants and restrictions on the lots in the University Heights subdivision. Plaintiffs […]
Real Property-Commercial Lease-Lease Document-Missing Material Term
Plaintiff appealed the denial of its motion for a preliminary injunction and temporary restraining order. The parties negotiated and executed a lease document for a commercial property, but the lease […]
Real Property-Adverse Possession-Oral Agreement for Sale
Plaintiffs appealed the adverse summary judgment in their action claiming title to a property. Plaintiffs admitted they entered an agreement with decedents regarding the property conditioned upon their maintenance and rehabilitation of the property. The trial court granted […]
Real Property-Condo Association Authority-Motion to Set Aside Judgment
Plaintiffs appealed the denial of their motion to set aside the trial court’s judgment dismissing their petition with prejudice and awarding attorney’s fees to defendants, arguing that the judgment contained […]
Real Property-Quiet Title-Default Judgment
Plaintiff, proceeding pro se, appealed the trial court’s order granting defendant’s motion to set aside the default judgment entered in favor of plaintiff in her quiet title action. Where plaintiff’s appeal violated […]
Real Property-Inverse Condemnation-Legal Authority for Award
Defendant appealed the judgment awarding plaintiff costs in its successful inverse condemnation, arguing that an award of costs was not authorized under the Missouri Constitution or Missouri statutory law. Where the Missouri […]
Real Property-Foreclosure-Deficient Appellate Brief
Plaintiffs appealed the entry of judgment of foreclosure in favor of defendant. Where plaintiffs’ brief substantially violated the rules of appellate procedure, the failure to preserve claims of error or identify the standard of review precluded appellate […]
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