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Real Estate Cases |  | | March 18-24, 2011 FindLaw.com Weekly Real Estate Newsletter | | You may forward this e-mail in its entirety.
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Real Estate Cases United States Ninth Circuit, 03/18/2011
Gerhart v. Lake County Montana, No. 10-35183
In a 42 U.S.C. section 1983 dispute involving the denial of a permit application to build an approach, judgment of district court is affirmed in part and reversed in part where court properly granted summary judgment to defendants on due process claims, but erred in holding that class of one claim by plaintiff failed as a matter of law. Read more... United States Ninth Circuit, 03/22/2011
Young v. Honolulu, No. 09-16034
In a constitutional dispute on whether a city repeal ordinace violated the Contracts Clause of the United States Constitution, summary judgment is affirmed where ordinance did not breach any of preexisting contractual obligation. Read more... United States Ninth Circuit, 03/22/2011
Wapato Heritage LLC V. US, No. 09-36150
In a dispute involving the effective exercise of an option to renew a lease agreement, summary judgment in favor of defendant is affirmed where factual findings by district court were not erroneous. Read more...
United States Ninth Circuit, 03/24/2011
Franzen v. US, No. 08-56181
In a dispute over which tax lien, federal or state, takes priority, judgment of district court is affirmed where federal lien takes priority of state lien, because federal claim was timely and does not depend on the vagaries of when the US files a claim in state court relative to a competing claimant. Read more... California Court of Appeal, 03/22/2011
Cal. Retail Portfolio v. Hopkins Real Estate, No. B224000
In a dispute over the validity of a writ of attachment issued by trial court, writ order is affirmed because there was substantial evidence that an award for plaintiff might be rendered ineffectual without a writ of attachment. Read more... California Court of Appeal, 03/23/2011
Iversen v. Cal. Village Homeowners Assn., No. B220863
In an action for premises liability arising out of injuries sustained by plaintiff from a fall on premises owned by defendant, summary judgment in favor of defendant is affirmed because Cal-OSHA regulations do not apply to independent contractors and plaintiff cannot use those provisions to establish a negligence per se or negligence cause of action. Read more...
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