Cases

Peters, P.J. Appeals (1) from an order of the Supreme Court (McGuire, J.), entered December 14, 2015 in Sullivan County, which, in a proceeding pursuant to EDPL article 5, determined the compensation due claimant as a result of the acquisition of an easement on real property, and (2) from a judgment entered thereon. The facts underlying this property dispute are set forth in greater detail in this Court’s re

Peters, P.J. Appeals (1) from an order of the Supreme Court (McGuire, J.), entered December 14, 2015 in Sullivan County, which, in a proceeding pursuant to EDPL article 5, determined the compensation due claimant as a result of the acquisition of an easement on real property, and (2) from a judgment entered thereon. The facts underlying this property dispute are set forth in greater detail in this Court’s re

OPINION OF THE COURT Thomas F. Whelan, J. It is ordered that those portions of this motion (No. 001) by plaintiffs for summary judgment on their first cause of action for declaratory relief is denied with respect to defendant Richard J. Smolian, as he defaulted in answering which precludes an award of summary judgment due to the failure to join issue and it is denied with respect to the other defendants,

OPINION BY JUDGE McCULLOUGH Before this Court are the preliminary objections filed by the Department of Conservation and Natural Resources of Pennsylvania (DCNR) and collectively by William Bohlander and Barbara Bohlander; Thomas A. Foreman; Curtis K. Marando and Theresea L. Marando; Peter McKay and Gretchen McKay; Susan McMurray Living Trust; David A. Miller; Jonathan C. Miller; Vaugh

Contract damages; expectation damages; cost of cover; reasonableness of mitigation; foreseeability; causation of damages. MEMORANDUM OPINION AND ORDER ON CLAIMS OF STOCKTON EAST WATER DISTRICT CHRISTINE O.C. MILLER, Judge. This case, before the court on remand from the United States Court of Appeals for the Federal C

In the United States Court of Federal Claims No. 19-471L (Filed: December 3, 2021) (Nunc Pro Tunc: March 23, 2021) *************************************** ATS FORD DRIVE INVESTMENT, LLC * et al., * Trails Act; Indiana Law; Property Interest * Conveyed via Release Executed Purs

THE STATE OF SOUTH CAROLINA In The Court of Appeals Maybank 2754, LLC, Appellant, v. Eugene J. Zurlo, Individually and as Co-Trustee of the Eugene J. Zurlo Living Trust Dated December 11, 1997; 1776, LLC; Beach Fenwick, LLC; The Beach Company; Seamon, Whiteside & Associates, Inc.; Penny Creek Associates, LLC; John Doe and Mary Roe, Respondents. Appellate Case No. 2020-001030 Appeal from Charleston County Bentley Price, Circuit Court Judge

In the United States Court of Federal Claims No. 19-471L (Filed: March 23, 2021) *************************************** ATS FORD DRIVE INVESTMENT, LLC * et al., * Trails Act; Indiana Law; Property Interest * Conveyed via Release Executed Pursuant Plaintiffs, * to Ra

2020 WI App 7 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 2018AP1239 Complete Title of Case: APPLEGATE-BADER FARM, LLC, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, V. WISCONSIN DEPARTMENT OF REVENUE AND RICHARD CHANDLER IN HIS CAPACITY AS SECRETARY OF

Affirmed in Part, Reversed and Rendered in Part, and Reversed and Remanded in Part, and Opinion filed November 23, 2021. In The Fourteenth Court of Appeals NO. 14-20-00125-CV TARGET CORPORATION, Appellant V. D&H PROPERTIES, LLC, Appellee On Appeal from the 11th District Court

BEAR, J. The plaintiff, Village Apartments, LLC, appeals from the judgment of the trial court rendered in favor of the defendants Stanley P. Ward, Jr., and Rose Mary Ward, after a trial to the court, quieting title to a claimed easement in the form of a right-of-way (right-of-way) over the defendants' real property (property).

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JAPANESE VILLAGE, LLC, a No. 14-56837 California Limited Liability Company, D.C. No. Plaintiff-Appellant, 2:13-cv-00396- JAK-PLA v. FEDERAL TRANSIT OPINION ADMINISTRATION; CAROLYN FLOWERS, in her official capacity as Acting Administrator of

JUSTICE ALBIN delivered the opinion of the Court. **40*998Quaker Valley Farms, LLC (Quaker Valley) owns approximately 120 acres of deed-restricted farmland in Franklin Township, Hunterdon County. As part of New Jersey's Farmland Preservation Program, the St

COLORADO COURT OF APPEALS 2016COA152 Court of Appeals No. 15CA0918 City and County of Denver District Court No. 13CV32699 Honorable Catherine A. Lemon, Judge Perfect Place, a Colorado limited liability company, Plaintiff-Appellant and Cross-Appellee, v. R. Parker Semler, Defendant-Appellee and Cross-Appellant. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS

Lenk, J. In this case involving registered land, we consider, among other things, the effect of a reduction by the owner of the servient estate in the dimensions of an easement created for the purpose of permitting the easement holder access to a lot that *3otherwise has no direct access from a public way. We must determine whether the dimensions of such an easement, defined

SUSAN ILLSTON, United States District Judge This is an insurance coverage dispute. Plaintiff Henstooth Ranch, LLC moves for partial summary judgment, seeking a declaration that defendant The Burlington Insurance Company has a duty to defend Henstooth in an underlying action. Pl.'s Mot. (Dkt. No. 40). Burlington filed a cross-motion for summary judgment in its favor. Def.'s Mot. (Dkt. No. 45-1). After considering the parties' materia

KAPSNER, Justice. [¶ 1] Sagebrush Resources, LLC, appeals from a summary judgment dismissing with prejudice its action for trespass and for injunctive relief against Daryl, Larry, and Galen Peterson, determining the action was frivolous and not made in good faith, and awarding the Petersons $23,729 in attorney fees. Sagebrush argues the district court abused its discretion in deciding Sagebrush’s claims were frivolous and no

Lynch, J. Appeals (1) from an order of the Supreme Court (Buchanan, J.), entered March 27, 2015, which, among other things, granted plaintiff’s motion for partial summary judgment, and (2) from an order of said court, entered November 23, 2015 in Essex County, which, among other things, denied motions by defendants Lyme Adirondack Timberlands II, LLC, Lyme Adirondack Timber Sales, Inc. and Upland Resource Group, Inc. to reargue

Lynch, J. Appeals (1) from an order of the Supreme Court (Buchanan, J.), entered March 27, 2015, which, among other things, granted plaintiff’s motion for partial summary judgment, and (2) from an order of said court, entered November 23, 2015 in Essex County, which, among other things, denied motions by defendants Lyme Adirondack Timberlands II, LLC, Lyme Adirondack Timber Sales, Inc. and Upland Resource Group, Inc. to reargue

ACCEPTED 03-15-00348-CV 6616789 THIRD COURT OF APPEALS AUSTIN, TEXAS