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Property Law

Real Property: Fraudulent Transfer-Lis Pendens-Motion to Cancel

Plaintiff filed suit against defendant, asserting a claim under the Uniform Fraudulent Transfer Act. Plaintiff then filed a lis pendens against one of defendant’s properties. The district court subsequently granted defendant’s motion to cancel the lis pendens, concluding the lis ...

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Real Property: Quiet Title-Slander of Title-Statute of Limitations

Where a mortgage company challenged a judgment quieting title to a homeowner, arguing that her quiet title and slander of title claims were barred by the applicable statutes of limitation, the resolution of the timely declaratory-relief claims controlled the resolution ...

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Real Property: Zoning and Planning-Stop-Work Order-Proper Claim for Relief

Plaintiff appealed the trial court’s dismissal of its petition challenging defendant’s issuance of a stop-work order. Plaintiff had filed a petition for declaratory judgment and injunctive relief. The trial court granted defendant’s motion to dismiss, ruling that plaintiff’s exclusive remedy ...

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Real Property: Prescriptive Easement-Sufficiency of Evidence

Where appellant challenged the grant of a prescriptive easement for its property to respondent for ingress and egress, the evidence was sufficient to support the judgment even though the respondent had previously sought an easement from the appellant, and the ...

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Real Property: Adverse Possession-Removal of Fencing-Civil Contempt

Plaintiffs filed an adverse possession suit against defendants, who cross-claimed for adverse possession. The trial court concluded defendants had proven their claim for adverse possession and directed plaintiffs to remove themselves and any personal property from the parcel. The trial ...

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