Defendants Poughkeepsie Savings Bank (the Bank), its subsidiary, Riverdale Timber Ridge, Inc. (Timber Ridge), and Rock Creek Center Crossing, L.L.C. (Rock Creek), appeal from an amended judgment entered following a bench trial against the Bank, its successors and assigns, and Rock Creek in the amount of $135,000 to plaintiffs, C&J Colonial Realty and John Long (together "plaintiff"), as a five

This is a zoning case. The narrow issue is whether a proposed expansion to the conforming use, a residence, of a preexisting nonconforming integrated mixed use, residence and real estate office, requires a use variance, N.J.S.A. 40:55D- 70(d). The trial judge answered this question in the affirmative. We agree and affirm.

These are the relevant and undisputed facts. Plaintiff Anthony Con

Plaintiff Borough of Haledon appeals from summary judgment orders entered in favor of the Boroughs of North Haledon and Hawthorne, and certain developers, the intervenors K. Hovnanian North Central Acquisitions, LLC (Hovnanian), and Summit Point Developers, LLC (Summit), requesting enforcement of claimed exclusive water supply rights with North Haledon for three development projects and allegin

Plaintiff Joseph Fedanzo filed a petition for writ of certiorari in the circuit court seeking review of the recommendation and decision of the Personnel Board of the City of Chicago (Personnel Board) and the City of Chicago (City) to terminate him from his employment with the City. The trial court denied the petition. On appeal, plaintiff seeks reinstatement, contending: (1) that the Chicago re

The named defendant,1 Winsted Memorial Hospital (hospital), appeals from the judgment of the trial court denying the hospital's postverdict motions to set aside the jury's verdict in favor of the named plaintiff, William Taylor. The hospital claims that the trial court improperly concluded that General Statutes § 52-5843 does not impose on a plaintiff a duty to investigate a potential cla

On March 2, 1992, lessors entered into a 10-year commercial lease with Mercer Processing, Inc., and James Mercer (Mercer or lessee) through February 28, 2002, for warehouse property at 195 Page Mill Road in Palo Alto (the premises). The premises were to be used and occupied only for food processing and related operations. The lease gave Mercer the option to extend the term of the lease for f

I. FACTUAL BACKGROUND

2 Cazares, in her capacity as the personal representative of the estate of Rosemary Cosby (the "decedent"), sued the various defendants in this case for their roles in an alleged conspiracy to fraudulently obtain title to four parcels of real property owned by the decedent. The properties are all in Salt Lake County and are located on Deer Hollow Drive ("Deer Ho

Condominium Trust (trust), brought this action against ADD Inc., an architectural firm (architect), to recover damages for the negligent design of the Seal Harbor III Condominium (condominium). The architect moved for summary judgment on the ground that the plaintiffs' claim was barred by the economic loss rule. A judge in the Superior Court denied that motion. A second judge granted the archit

A homeowners' association, Northwoods Condominium Owners' Association (the "Association"), filed suit on October 11, 2000, in the court of common pleas, seeking preliminary and permanent injunctive relief against owner-occupier and defendant, Christopher Arnold. The Association demanded that Arnold remove two cats and any other pets from his condominium unit; additionally, the Association praye

This appeal arises out of a wrongful death action, filed for a second time pursuant to Ohio's Savings Statute, R.C. 2305.19. Plaintiff-appellant, Maxwell Jay Gruber, Sr. ("appellant") individually and as the administrator of the estate of his son, Maxwell Gruber, a minor, deceased, filed a predecessor case, Trial Court No. 324049 ("Gruber I") and the within action ("Gruber II").

Prior to

BACKGROUND

2 Pinetree Condominiums consists of thirty condominium units ("condominiums") in one structure located in Ephraim City. The members of Pinetree are the owners of those thirty units.

3 Ephraim City maintains a public utility system that provides water and electricity to residents in dwelling units in Ephraim City, including the condominiums.

4 When the condominiums w

Doctor's Associates, Inc., Frederick DeLuca, and Peter H. Buck (defendants) appeal an order of the circuit court of Madison County that denied, in part, defendants' motion to stay this case in favor of arbitration. On appeal, defendants raise the issue of whether the trial court erred in denying their motion to stay in regard to the plaintiffs' claims of abuse of process and malicious prosecuti

Plaintiffs, Friends of the Parks, together with 11 individual members of that organization and the Landmarks Preservation Council of Illinois, sued the Chicago Park District (Park District), the Illinois Sports Facilities Authority (Authority), the Chicago Bears Football Club, Inc. (Bears), the Chicago Bears Stadium L.L.C. (Stadium), and the City of Chicago (City) seeking a declaratory judgment

The plaintiff, Han Mutlu, filed a three-count complaint against the defendant, State Farm Fire and Casualty Company, alleging a breach of contract (count I), a violation of section 155 of the Illinois Insurance Code (215 ILCS 5/155 (West 2000)) (count II) and a breach of the common law duty of good faith and fair dealing (count III). The plaintiff voluntarily dismissed count III. The circuit court

Plaintiffs William and Anita Garcia settled a personal injury action with defendant Barbara Gutierrez's insurance company for injuries William and their daughter Krista sustained in a car accident. Thereafter, the Garcias' insurance carrier, Country Companies, intervened to protect its subrogation rights. The trial court determined that Country Companies had no subrogation rights as to Krista's re

In 1991, Milliken, a social worker, began providing mental health counseling services to Michael Grigson and his family following a 1989 explosion at the Phillips 66 refinery in Pasadena, Texas, where Grigson had been employed. Milliken also provided counseling to Carol Griffin, another worker present at the time of the explosion.

The Grigsons later sued Phillips and were represent

Lois Gilbert appeals the dismissal of two cases that she filed against the Nina Plaza Condominium Association and condominium owner Steven Simonka. The superior court dismissed Gilbert's first case for failing to comply with the pretrial scheduling order. The court dismissed her second case, and subsequently refused to reopen it, for failing to properly serve the defendants. Because the superi

Homeowners in the Garden Lakes subdivision in Avondale, Arizona are members of the homeowners association known as the Garden Lakes Community Association, Inc. ("Association"). The Association issued architectural restrictions governing the construction and appearance of solar energy devices on homes within the subdivision. The appellee homeowners claimed that the restrictions were unenforce

Vernon Daugherty, the owner of a unit at the Sheoah Highlands condominium, brought suit against Sheoah Highlands, Inc., the condominium’s governing association (Association), and its board of directors, alleging that the Association failed to enforce the declaration of condominium. Specifically, Daugherty alleged that the Association allowed certain unit owners to erect screened enclosur

This case involved interior and exterior damage to walls of a condominium wherein plaintiff claims damage was caused by a storm.

Defendant J. Robert Gilroy, a judgment debtor, claims that a 1992 deficiency judgment is unenforceable because more than 10 years passed since issuance of the original foreclosure decree. Gilroy contends that the time for renewing the judgment ran from the date of the foreclosure decree and not from the entry of the deficiency judgment. But the one action rule of Code of Civil Procedure sectio

Appellant Selective Insurance Company ("Selective") appeals an order requiring it to reimburse $13,135.50 in attorneys' fees of Appellee Roxbury Condominium Association, Inc. ("Roxbury"). Under the circumstances of this case, that award was an abuse of discretion.

I. Background

In 1997, Roxbury approached the Anthony S. Cupo Agency ("Agency") to obtain condominium flood insu

This is an appeal from a damages judgment entered against the Florida Department of Highway Safety and Motor Vehicles, and a Highway Patrol Trooper, Jacqueline Gipson, for violation of civil rights under 42 U.S.C. section 1983, negligence, and false arrest. As the Department is not subject to suit under section 1983, we reverse that claim entirely. We reverse the judgment on the remaining clai

In July 1997, World Savings and Loan Association loaned money to Aaron Pearson ("Aaron"), who secured this obligation by executing and recording a first deed of trust in favor of World Savings and against his condominium. Golden West Savings Association Service Company served as trustee for the deed of trust. Among other obligations, the deed of trust required Aaron to pay taxes assessed aga

Bishops Forest Condominium (BFC) and Bishops Forest II Condominium (BF II) are adjoining condominiums located in Waltham that were built as part of a "phased" development plan. The plaintiffs are various unit owners and mortgagees of BF II; the defendants are trustees and unit owners of BFC, as well as the original developers of BFC and BF II. Following disputes over cost-sharing arrangements betw