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Property Law

Real Property: Condemnation-Timeliness of Appeal

Defendant appealed from the judgment condemning property acquired for the construction of a facility for the National Geospatial-Intelligence Agency. Where defendant was found to have no compensable interest in the condemnation award, the order establishing the interest constituted a final ...

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Real Property: Adverse Grant of Summary Judgment-Motion for Recusal-Scope of Appeal

Plaintiff appealed following the district court’s grant of summary judgment to defendant and denial of plaintiff’s subsequent motion for recusal. However, while plaintiff’s notice of appeal included only her intent to appeal summary judgment, her briefs argued only the denial ...

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Real Property: Partition Action-Allocation of Proceeds-Home Equity Line

Where appellant challenged the judgment in an action to partition property jointly held with her partner, the trial court did not err in finding that the appellant’s contribution of a down payment toward the purchase of a home and additional ...

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Real Property: Road Maintenance Plan-Appointment of Commissioners

Where property owners argued that a trial court erred in appointing abutting property owners as trustees of a newly formed association for road maintenance in a residential subdivision, the appointment did not violate the provision for the appointment of commissioners, ...

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Real Property: Family Cemetery-Condemnation

Defendants appealed the judgment of condemnation of the Childress Cemetery, located on land owned by defendants. Childress family members had petitioned for condemnation of the land as a private cemetery, alleging defendants had prevented the family’s access to the cemetery ...

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