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Special assessments; equitable relief   ED90864 Lake Wauwanoka Inc., Respondent, v. John Anton, et al., Appellants Appeal From: Jefferson County Circuit Court, Judge Mark T. Stoll Handdown Date: 1/27/2009 Opinion Author: Judge Kenneth M. Romines Opinion Vote: Judges Baker and ...

Tagged with: equitable relief Real Property Law

Where landowners sought a declaratory judgment that a lake located mostly on their property was a private, non-navigable waterway and their neighbor-defendants sought to establish an easement by prescription for use of the lake, the defendants’ use of the lake ...

Tagged with: Real Property Law

Where the holder of a deed of trust appealed a trial court’s judgment giving priority to a judgment lien, the purchase money deed of trust had priority over the prior judgment lien against the vendee of the property, so the ...

Tagged with: Real Property Law

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

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

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

Where a homeowners’ association brought an action against homeowners in a dispute over administration of the water system, the trial court erred in finding that the homeowners’ association was the valid successor association for the neighborhood because there was no ...

Tagged with: Real Property Law

Where a city and a landowner adjacent to a quarry challenged the authority of the quarry operator’s predecessor to transfer a special use permit, the plaintiffs’ petition was properly dismissed because their points on appeal challenged only two of the ...

Tagged with: quarry Real Property Real Property Law Special Use Permit

(1)Where a city sought judicial review of a boundary commission’s denial of an annexation proposal and the parties disputed whether the commission’s action should be reviewed as a contested or noncontested case, the proceeding was properly classified as noncontested because ...

Tagged with: annexation judicial review Real Property Real Property Law