Results 1 to 20 of 111 for casebook »  Property »  Kurtz, 5th Ed.
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Albinger v. Harris

Supreme Court of Montana | 48 P.3d 711 (2002)

An engagement ring is considered a complete and irrevocable gift once the elements of intent to give, voluntariness, and acceptance of the gift are met.

Anderson v. City of Issaquah

Court of Appeals of Washington | 851 P.2d 744 (1993)

A land use statute’s design considerations must contain guidelines that are not so broad as to make them susceptible to subjective considerations.

Beard v. S/E Joint Venture

Court of Appeals of Maryland | 581 A.2d 1275 (1990)

If a seller fails to convey title that was contracted to be transferred without excuse, the buyer may be awarded loss of bargain damages.

Benjamin v. Lindner Aviation, Inc.

Supreme Court of Iowa | 534 N.W.2d 400 (1995)

A court will not assume that an owner has lost property when there is evidence that indicates a continued claim to said property.

Berish v. Bornstein

Supreme Judicial Court of Massachusetts | 770 N.E.2d 961 (2002)

Breach of implied warranty of habitability claims may be brought when the purchase of a new home or condominium is involved.

Bethurem v. Hammett

Supreme Court of Wyoming | 736 P.2d 1128 (1987)

A buyer is not required to accept title that is unmarketable, thus subjecting the buyer to potential litigation.

Board of County Commissioners of Brevard County v. Snyder

Supreme Court of Florida | 627 So.2d 469 (1993)

A municipality’s decision regarding a rezoning application affecting a small number of people is considered quasi-judicial rather than legislative, and as such, its burden of proof in a suit challenging rezoning is to demonstrate that a rejection of a rezoning application was not arbitrary.

Boomer v. Atlantic Cement Co.

Court of Appeals of New York | 257 N.E.2d 870 (1970)

Permanent damages, rather than an injunction, are appropriate when the damages resulting from a nuisance are significantly less than the economic benefit derived from the party causing the harm.

Bowers v. Transamerica Title Insurance Co.

Supreme Court of Washington | 675 P.2d 193 (1983)

Those engaged in the unauthorized practice of law are subject to the same professional standards as attorneys themselves.

Braschi v. Stahl Associates Company

Court of Appeals of New York | 543 N.E.2d 49 (1989)

Rent control laws should be interpreted broadly as they are meant to promote the public good.

Britton v. Town of Chester

Supreme Court of New Hampshire | 595 A.2d 492 (1991)

A municipality must take into consideration the welfare of the entire region in which it is located if it enacts a statute with effects that ripple beyond its borders.

Brown v. Southall Realty Co.

District of Columbia Court of Appeals | 237 A.2d 834 (1968)

A contract made in violation of a statutory prohibition is void and confers no rights upon the wrongdoer, as long as the prohibition is meant to serve as a penalty.

Brush Grocery Kart, Inc. v. Sure Fire Market, Inc.

Supreme Court of Colorado | 47 P.3d 680 (2002)

In a sale of real property, the risk of loss is only transferred to a vendee after signing a sales contract, if the vendee is in possession of said real property at the time the contract is executed.

Candlewood Lake Association, Inc. v. Scott

Ohio Court of Appeals | 2001 WL 1654288 (2001)

A covenant will run with the land when there was an intent for it to run with the land, the covenant touches and concerns the land, and there is privity of estate between the party seeking the covenant’s benefit and the party charged with its fulfillment.

Carpenter v. Ruperto

Supreme Court of Iowa | 315 N.W.2d 782 (1982)

A person may acquire real property through adverse possession under a claim of right if she is able to prove her use of the property was open, exclusive, hostile, adverse, and in good faith.

Castle Associates v. Schwartz

New York Supreme Court, Appellate Division | 63 A.D.2d 481 (1978)

When an easement is created, but is not yet necessary, it is not extinguished through adverse possession until the need for the easement arises, the owner of the dominant estate demands the easement be opened, and the owner of the servient estate refuses.

Centex Homes Corp. v. Boag

Superior Court of New Jersey, Chancery Division | 320 A.2d 194 (1974)

A vendor of real estate is not entitled to specific performance upon default of a contract unless the property in question is so unique that money damages would not be an adequate remedy.

City of Eastlake v. Forest City Enterprises, Inc.

United States Supreme Court | 426 U.S. 668 (1976)

A referendum to determine whether to allow a zoning change is constitutional because all governmental power derives from the people.

City of Edmonds v. Oxford House, Inc.

United States Supreme Court | 514 U.S. 725 (1995)

The exemption provided in § 3607(b)(1) of the Fair Housing Act only applies to ordinances that are clearly intended to set a maximum number of occupants in a dwelling.

City of Los Angeles v. Alameda Books

United States Supreme Court | 535 U.S. 425 (2002)

A municipality’s rationale for enacting a zoning ordinance must be supported by data that is reasonably believed to be relevant.

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