Where appellants challenged a county zoning board’s approval of an order of the planning and zoning commission granting a conditional use permit for a gravel-mining operation, the commission’s approval of the permit was valid under the relevant regulations and authorized ...

Tagged with: Conditional Use Permit Gravel Pit Operation Real Property Law Voting Process

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 ...

Tagged with: Fraudulent Transfer Lis Pendens Motion to Cancel Real Property Law

Where a mother, who was minimally involved in her son’s childhood and life, challenged the distribution of a majority of the proceeds from her son’s wrongful-death settlement to the father, the mother did not show that the trial court abused ...

Tagged with: Distribution Real Property Law Settlement Proceeds wrongful death

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 ...

Tagged with: Quiet Title Real Property Law Slander of Title Statute Of Limitations

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 ...

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

Where an assessor challenged a judgment on a dispute regarding the reimbursement of attorney fees and appraisal costs, the trial court did not finally dispose of at least one complete claim, so there was not a final and appealable judgment, ...

Tagged with: Appraisal Costs jurisdiction Real Property Real Property Law

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 ...

Tagged with: Prescriptive Easement Real Property Real Property Law Sufficiency Of Evidence

  Where a landowner challenged a judgment entered to enforce an earlier judgment that partitioned in kind several tracts of real property pursuant to the terms of a settlement agreement, the landowner’s first two points on appeal arguing that a ...

Tagged with: Partition Order Real Property Real Property Law Survey

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 ...

Tagged with: Adverse Possession Civil Contempt Real Property Real Property Law Removal of Fencing

Defendant rented a mobile home lot from plaintiff; the terms of the lease stated that the property could be occupied only by the named tenants and that the lease was not assignable or subleasable without plaintiff’s approval. Defendant and her ...

Tagged with: breach of lease Landlord-Tenant Preclusion of Assignment and Sublease Property Law Real Property Law

Defendant acquired a historic building and sought to restore it using state and federal tax credits; defendant retained the counsel of Winthrop & Weinstine to draft a tax-credit bond. Plaintiff later retained Winthrop to represent it in the financing of ...

Tagged with: Disqualification of Counsel Failure to Join Necessary Party foreclosure Real Property Real Property Law