Condominium Law
 
Pharmacists Mutual Insurance Company v. Glenn A. Myer, Reggie Cooper and BMG Insurance Company

Glenn A. Myer appeals from a summary judgment declaring that his insurer, Pharmacists Mutual Insurance Company, owed him no duty to indemnify or pay defense costs on appeal from a third-party claim, and dismissing Myer’s counterclaims for bad faith and consumer fraud. We affirm the court’s dismissal of the counterclaims, but reverse its decision on the duty to defend and indemnify, and remand

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Jan Aikin v. WCI Communities, Inc.

Jan Aikin appeals a final summary judgment entered against her in the lawsuit she filed seeking declaratory relief and rescission of the residential purchase contract she entered into with WCI Communities, Inc. (WCI). In her complaint, Ms. Aikin sought rescission of the contract based on WCI's alleged failure to comply with the reporting and registration requirements of the Interstate Land Sales F

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Salvatore J. and Anita L. Culosi v. Deval Bullock

The underlying claims at issue in these appeals, asserted pursuant to 42 U.S.C. § 1983 and state law, arise out of the fatal shooting of an arrestee by a Fairfax County, Virginia, police officer. Defendant Deval Bullock, the officer who fired the fatal shot, noted an interlocutory appeal in No. 09-1042 from the district court’s denial of summary judgment on the ground of qualified immunity.

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Sage Information Services v. David Henderson, Grundy County Supervisor of Assessments

Plaintiffs filed a complaint for injunctive relief in the circuit court of Grundy County pursuant to section 11 of the Illinois Freedom of Information Act (Act) (5 ILCS 140/11(a) (West 2006)). Defendant filed a motion to dismiss pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2006)) on the grounds plaintiffs’ complaint is barred by section 9-20 of the

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Marn Suzanne Larsen-Ball v. William Gordon Ball

Marn Suzanne Larsen-Ball and William Gordon Ball were married on August 12, 1989, in Knox County, Tennessee. Prior to the marriage, Ms. Ball worked in retail management. After the parties were married, she became a stay-at-home mother to the parties’ two children, born April 22, 1990, and April 26, 1991. At the time of the marriage, Mr. Ball, a former Assistant United States Attorney, had been p

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James and Elizabeth Carlson v. City of Houston

James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola, and Manny Espinola appeal from an order granting the City of Houston’s plea to the jurisdiction. We reverse and remand.

Background

Appellants own residential un

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Alyssa Burrage v. Gibson Sotheby’s International Realty

Alyssa Burrage sued Gibson Sotheby’s International Realty on a fraud theory claiming that she was misled by the defendant when it concealed from her that the downstairs neighbor at the condominium that she bought smoked cigarettes. Plaintiff claimed that he smoke from the unit below her unit aggravated her asthma. Burrage, age 32, claimed that she noticed the smoke when they visited the condo in

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Jim Hill v. Sportsman's World Recreational Association, Inc.

This appeal arises from a declaratory judgment involving the construction of restrictive covenants and the levy of fees by a property owners= association. Upon construing the applicable covenants, the trial court rendered judgment against Jim Hill and in favor of Sportsman=s World Recreational Association, Inc. The trial court declared that the Association may levy assessments against individual

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Zuehl Airport Flying Community Owners Association, Inc. v. Phil Meszler

This appeal stems from the trial court’s determination that Zuehl Airport Flying Community Owners Association (the Association) improperly increased the owners’ monthly assessments under the Declaration of Covenants, Conditions and Restrictions for Zuehl Airport Flying Community (the Declaration). On appeal, the Association asserts the assessments complied with Section 3(c) of the Declaration

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FORTNEY &WEYGANDT, INC., Plaintiff-Appellant, v. American Manufacturers Mutual Insurance Company

General contractor Fortney & Weygandt, Inc. (“Fortney”) appeals the district court’s decision that its insurers—defendants American Mutual Ins. Co., et al.

Manufacturers Mutual Insurance Company, American Motorists Insurance Company, and Lumbermens Mutual Casualty Insurance Company (collectively, “AMICO”)—had no duty to defend Fortney in third-party litigation arising out of a

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St. Paul Travelers v. Robert Minstone as Trustee of the Montgomery Scrap Corporation Profit Sharing Plan

Maryland Code (1974, 2006 Repl. Vol.), § 5-101 of the Courts and Judicial
Proceedings Article (CJ) provides:

"Three-year limitation in general.

"A civil action at law shall be filed within three years from the date it
accrues unless another provision of the Code provides a different period of
time within which an action shall be commenced."
Maryland Code (1975, 2

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A. William Lucas v. Riverside Park Condominiums Union Owners Association

[¶1] A. William Lucas appeals from an amended judgment dismissing his action against Riverside Park Condominiums Unit Owners Association under the federal Fair Housing Act and the state Housing Discrimination Act for failing to grant him an accommodation for his disability, and awarding the Association its costs and attorney fees. We conclude the district court did not err in granting summary jud

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Our Savior Evangelical Lutheran Church v. Michael B. Saville, Mayor pro tem, The City Council of the City of Aruora, etc.

The plaintiff, Our Savior Evangelical Lutheran Church (Our Savior or the church), applied for (1) a site plan review of its proposed new building addition, parking lot, and driveway, or, in the alternative, (2) a special use permit for the same improvements to the church's property. After the defendants, Michael B. Saville, Mayor pro tem; the City Council of the City of Aurora; the City of Aurora;

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Southwick at Milford Condominium Association, Inc. v. 523 Wheelers Farm Road, Milford, L.L.C.

The defendant, 523 Wheelers Farm Road, Milford, LLC, a developer exercising special declarant rights in Southwick at Milford Condominium, a common interest community created pursuant to the Common Interest Ownership Act (act),1 General Statutes § 47-200 et seq., appeals2 from the judgment of the trial court rendered in favor of the plaintiff, Southwick at Milford Condominium Association, Inc. The

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Worthington Communities, Inc. v. Juan Carlos Mejia

Worthington Communities, Inc., and Ohio Casualty Insurance Co. appeal the final judgment and amended final judgment entered against them in this personal injury action arising out of a construction accident. On cross-appeal, the Mejias raise a standing argument as to Ohio Casualty and two arguments directed to the judgments.

We affirm the final judgment in all respects. While we have carefu

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Garrison City Broadcasting, Inc. v. York Obstetrics & Gynecology, P.A., et al.

[¶1] Garrison City Broadcasting, Inc. appeals from a judgment of the Superior Court (York County, Fritzsche, J.), following a jury-waived trial, finding that York Obstetrics & Gynecology, P.A. was not liable for a fraudulent transfer under the Uniform Fraudulent Transfer Act, 14 M.R.S. §§ 3571-3582 (2008). Garrison asserts that York Obstetrics did not produce sufficient evidence to prove the af

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Sheila Albano v. Milestones Financial Services, Inc., and Allen Jones

Donald and Sheila Albano sued Milestones Financial Services, Inc., and Allen Jones on a beach of contract theory claiming that defendants failed to pay for an interest in SnowResorts Hospitality Group, a condominium rental company, that they purchased. Plaintiffs claimed that Defendants defaulted on the contract after their business failed.

Plaintiffs claimed that Defendants made an initia

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Fernwoods Condominium Association #2, Inc. v. Angel Alfredo Alonso and T&G Management Services, Inc.

Fernwoods Condominium Association #2, Inc. (“Fernwoods”), a condominium association, appeals the order denying its motion for new trial and the amended final judgment which followed. We find no merit to Fernwoods’ argument that the orders must be reversed because when they were issued, Fernwoods’ post-trial motion to disqualify was pending. Here, the trial judge ruled orally before any mot

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Susan McGee Mullins v. Briarwick Condominum Owners Association, Inc. and KRJ Management, Inc.

In this personal-injury case, appellant Susan McGee Mullins appeals from an order by which the trial court struck her pleadings and dismissed her case with prejudice as a discovery sanction. Concluding the trial court did not abuse its discretion by imposing a case-determinative ("death-penalty") sanction, we affirm.

I

On May 8, 2006, Mullins sued appellees Briarwick Condominium

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Charles Vaillancourt v. Richard Motta, et al.

A shared sewer pipe is the cause of this dispute between neighboring Newport property owners. The defendants, Daniel Greer, Sarah Greer, and Rebecca Bartlett f/k/a Rebecca Durand, appeal from a Superior Court summary judgment entered in favor of the plaintiff, Charles Vaillancourt. The judgment permanently restrained and enjoined the defendants from maintaining the sewer pipe across the plaintiff

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Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Property Owners Association, Inc.

Palm Beach Polo Holdings, Inc. timely appeals a final money judgment entered in favor of Equestrian Club Estates Property Owners Association, Inc. awarding attorney’s fees pursuant to a proposal for settlement. This

Court has jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).

Appellee, Equestrian Club Estates Property Owners Association, Inc. (Association) owns a private road which

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Susan Cohn v. The Grand Condominium Association, Inc.; PH Hotel, Inc.; and PH Retail, Inc.

This is an appeal of a summary judgment which found subsection 718.404(2), Florida Statutes (2007), unconstitutional as applied to The Grand Condominium. We affirm.

The Grand Condominium was created in 1986. It is a mixed-use condominium consisting of 810 residential units (owned individually), 141 retail units (owned by the appellee PH Retail, Inc.), and 259 commercial units (owned by PH H

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WCI Communities, Inc. v. Colin Stafford

WCI Communities, Inc. (WCI), appeals the trial court's award of a final summary judgment in favor of Colin Stafford. Mr. Stafford sued to rescind a contract to purchase a condominium-townhouse (unit) from WCI and for the refund of his deposit.

We reverse and remand for further proceedings.1

In September 2005, Mr. Stafford contracted to buy a $616,790 unit. The unit was located in a p

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Cheap-O-Rooter, Inc. v. Marmalade Square Condominium Homeowners Association, et al.

¶1 Defendants Marmalade Square Condominium Homeowners Association, Bruce Manka, and Frank Guyman (collectively Marmalade) appeal the district court's decision to set aside a default judgment entered against Plaintiff Cheap-O-Rooter, Inc. after Cheap-O-Rooter failed to appear at a hearing. In moving to have the default judgment set aside, Cheap-O-Rooter submitted a motion with no accompanying memo

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B.B. & C. Partnership v. Edelweiss Condominium Association

In this quiet title adverse possession case, we review and affirm a judgment of the court of appeals.1 B.B. & C. Partnership ("BB&C") obtained a summary judgment in the trial court quieting its title to the property identified as parking space 21 of the Edelweiss Condominiums ("Edelweiss") located in Vail, Colorado. Relying on the color of title adverse possession statute, section 38-41-108, C.R.S

More...   $0 (11-24-2009 - CO)

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