Justia Real Estate & Property Law Opinion Summaries

Loop 101, LLC (“Loop”) borrowed money from MidFirst Bank to construct an office building. The promissory note was secured by a deed of trust, and four individuals guaranteed payment. The note, deed of trust, and gurantees expressly waived the fair market value provision of Ariz. Rev. Stat. 33-814(A). MidFirst assigned its rights under the loan and deed of trust to CSA 13-101 Loop, LLC (“CSA”). After Loop defaulted on the loan, CSA bought the property at a trustee’s sale for a credit bid of $6.15 million. CSA then sued Loop and the guarantors for a deficiency judgment. Loop and the guarantors counterclaimed and filed a third-party claim against MidFirst for breach of the implied covenant of good faith and fair dealing. MidFirst and CSA moved to dismiss, arguing that Loop and the guarantors had waived their right to a fair market value determination. The superior court ruled that parties may not prospectively waive this provision, determined the fair market value of the property to be $12.5 million, and concluded that no deficiency existed. The Supreme Court affirmed, holding that parties may not prospectively waive the fair market value provision of section 33-814(A). View "CSA 13-101 Loop, LLC v. Loop 101, LLC" on Justia Law

The Commonwealth filed a complaint alleging that Windsor Plaza Condominium violated Va. Code 36-96.3(B)(ii) by failing to make reasonable accommodations in rules or services that were necessary to afford Michael Fishel equal opportunity to enjoy his dwelling. Fishel and his wife moved to intervene in the lawsuit, alleging additional causes of action. The circuit court granted summary judgment for Windsor Plaza. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not err in ruling that the evidence relating to conversion of a bicycle storage space into an accessible parking space supported a claim for reasonable modification rather than a claim for reasonable accommodation; (2) did not err in ruling granting Windsor Plaza’s motion to strike; (3) erred in ruling that Windsor Plaza’s request for attorney’s fees against the Commonwealth was not barred by sovereign immunity, but the error was harmless; (4) did not err in concluding that the statute of limitations barred the Fishels’ additional claims; and (5) did not err by refusing to award Windsor Plaza attorney’s fees against the Fischels. View "Commonwealth v. Windsor Plaza Condo. Ass'n, Inc." on Justia Law

Plaintiffs George Maroun, Sr. and Edith Maroun filed a petition seeking to enjoin defendant Deutsche Bank National Trust Company from foreclosing on property owned by Mrs. Maroun. The Superior Court denied plaintiffs’ summary judgment motion and granted the bank’s cross-motion for summary judgment. The plaintiffs appealed, and after careful consideration of the Superior Court record, the Supreme Court affirmed its decision. View "Maroun, Sr. v. Deutsche Bank National Trust Company" on Justia Law

Plaintiffs George Maroun, Sr. and Edith Maroun filed a petition seeking to enjoin defendant Deutsche Bank National Trust Company from foreclosing on property owned by Mrs. Maroun. The Superior Court denied plaintiffs’ summary judgment motion and granted the bank’s cross-motion for summary judgment. The plaintiffs appealed, and after careful consideration of the Superior Court record, the Supreme Court affirmed its decision.View "Maroun, Sr. v. Deutsche Bank National Trust Company" on Justia Law

Gordon, Thomas, and Brent Arave appealed a district court’s decision to dismiss their motion to compel International Real Estate Solutions, Inc. to record a satisfaction of judgment. On a motion for reconsideration, the district court concluded that a final default judgment entered against the Araves in Utah for breach of a guaranty and fraud, which was domesticated in Idaho under Idaho Code section 10-1302, had not been satisfied by the foreclosure sale of property not owned by the Araves. The Araves argued on appeal to the Idaho Supreme Court that the judgment against them should have been offset by the value of the property that was foreclosed upon. Finding no reversible error in the district court's decision, the Supreme Court affirmed. View "Int'l Real Estate Solutions, Inc. v. Arave" on Justia Law

Gordon, Thomas, and Brent Arave appealed a district court’s decision to dismiss their motion to compel International Real Estate Solutions, Inc. to record a satisfaction of judgment. On a motion for reconsideration, the district court concluded that a final default judgment entered against the Araves in Utah for breach of a guaranty and fraud, which was domesticated in Idaho under Idaho Code section 10-1302, had not been satisfied by the foreclosure sale of property not owned by the Araves. The Araves argued on appeal to the Idaho Supreme Court that the judgment against them should have been offset by the value of the property that was foreclosed upon. Finding no reversible error in the district court's decision, the Supreme Court affirmed.View "Int'l Real Estate Solutions, Inc. v. Arave" on Justia Law

Appellants, property owners in Ryan Park and members of the Ryan Park Property and Homeowners Association, commenced an action claiming that the Association had unlawfully denied their requests to inspect and copy certain Association records. Appellants moved for an order allowing them to inspect and copy the documents, and also sought costs and attorney’s fees. The district court ordered the Association to make the documents available for copying and inspection but declined to order the Association to pay attorney’s fees or costs. On appeal, Appellants contended that the denial of attorney’s fees and costs was contrary to the provisions of the Wyoming Nonprofit Corporation Act. The Supreme Court affirmed, holding that the district court did not err in finding that the Association had made reasonable efforts to satisfy Appellants’ requests and in finding that the Association did not act in bad faith. View "Clark v. Ryan Park Prop. & Homeowners Ass’n" on Justia Law

Appellants, property owners in Ryan Park and members of the Ryan Park Property and Homeowners Association, commenced an action claiming that the Association had unlawfully denied their requests to inspect and copy certain Association records. Appellants moved for an order allowing them to inspect and copy the documents, and also sought costs and attorney’s fees. The district court ordered the Association to make the documents available for copying and inspection but declined to order the Association to pay attorney’s fees or costs. On appeal, Appellants contended that the denial of attorney’s fees and costs was contrary to the provisions of the Wyoming Nonprofit Corporation Act. The Supreme Court affirmed, holding that the district court did not err in finding that the Association had made reasonable efforts to satisfy Appellants’ requests and in finding that the Association did not act in bad faith.View "Clark v. Ryan Park Prop. & Homeowners Ass’n" on Justia Law

At issue in this case were the efforts of the Alaska Board of Game to control, by regulation, the movement of bison that stray outside the boundaries of two game ranches on Kodiak Island. The Board had statutory authority to determine when a domestic animal becomes "feral," and thus legally characterized as "game." Pursuant to this grant of authority, however, the Board's regulatory definition of a "feral" domestic animal must be reasonable and consistent with its authorizing statute. The Board amended the first regulation at issue to read: "Under this section, and in accordance with the definition of 'game' [provided in statute,] (which includes feral domestic animals) . . . musk oxen, bison, or reindeer that [are] lawfully owned . . . that [are] not confined or [are] not under positive control [are] feral unless the animal is a free-ranging animal on a state or federal grazing lease." The Board amended a second regulation to authorize the Alaska Department of Fish and Game to announce a public hunt of bison in Unit 8 (which included Kodiak) by emergency order. These amendments effectively confiscated lawfully owned domestic animals, unreasonably transforming them from "domestic" to "game" solely by reference to a property boundary line. The Supreme Court therefore reversed the superior court's grant of summary judgment in favor of the State and held the contested regulations invalid. The Court also vacated the court's award of attorney's fees to the State. View "Ellingston v. Lloyd" on Justia Law

After an investigation, the City of Houston declared the Park Memorial condominiums uninhabitable. Because the condominium owners did not apply for an occupancy certificate or make necessary repairs within the requisite period of time, the City ordered all residents to vacate the complex. A group of owners later brought this inverse-condemnation action, alleging that their property was taken when they were forced to vacate. The trial court sustained the City’s plea to the jurisdiction, concluding that the owners had not alleged a taking. The court of appeals reversed. The Supreme Court reversed, holding that the condominium owners’ claim failed because they did not allege a taking. View "City of Houston v. Carlson" on Justia Law