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Porterville Citizens for Responsible Hillside Development v. City of Porterville (Contour Development Inc.)
Extra-record evidence is not admissible to challenge substantial evidence supporting fair argument that mitigated housing project has adverse environmental impacts.
Real Property Dec. 9, 2007
Neighbors in Support of Appropriate Land Use v. County of Tuolumne
County action purporting to exempt one specific parcel of land from applicable zoning ordinance violates Government Code Section 65852’s uniformity requirement.
Real Property Dec. 9, 2007
Washington Mutual Bank v. Blechman
When party seeks to set aside trustee's sale in foreclosure proceeding, it is presumed that parties to sale transaction are indispensable parties.
Real Property Dec. 4, 2007
Redevelopment Agency of the City of Long Beach, California v. Morales
Award of litigation expenses is reversed in eminent domain case where owners had declined redevelopment agency's offer for their land.
Real Property Nov. 29, 2007
Stockton Citizens for Sensible Planning v. City of Stockton (A.G. Spanos Construction Inc.)
City director's letter does not constitute 'approval' by 'public agency' of plans for Wal-Mart store under CEQA.
Real Property Nov. 29, 2007
Murphy v. Burch
Landlocked property has no 'intended' easement by necessity across neighboring parcel where common owner never condemned right-of-way before granting land.
Real Property Nov. 20, 2007
Bi-Rite Meat & Provisions Co. v. The Redevelopment Agency of the City of Hawaiian Gardens
Where meat market's property was acquired by city, claim for relocation benefits is untimely under California Code of Regulations.
Real Property Nov. 20, 2007
TG Oceanside v. City of Oceanside
Owner of rent-controlled property must show adjustments provided in rent-control ordinance deprive it of ‘fair return’ in order to raise rents.
Real Property Nov. 19, 2007
Ste. Marie v. Riverside County Regional Park and Open Space District (Mt. San Jacinto Community College District)
Acquisition of real property by Park and Open Space District ‘dedicates’ such land for purposes of use as park or open-space.
Real Property Nov. 13, 2007
Fidelity Exploration and Production Co. v. United States
Action brought by state’s predecessor in interest is not exempted from Quiet Title Act’s statute of limitations.
Real Property Nov. 6, 2007
Michel v. Palos Verdes Network Group Inc.
Dismissal of cause of action for negligent nondisclosure is error where broker must satisfy high fiduciary duty.
Real Property Nov. 4, 2007
Scottish Rite Cathedral Association of Los Angeles v. City of Los Angeles (Windsor Square Association)
Revocation of occupancy certificate for nuisance caused by parking for commercial events does not burden Freemasons' religious exercise within meaning of RLUIPA.
Real Property Oct. 18, 2007
Castaneda v. Olsher
Nonsuit is proper where landlord has no duty to not rent to gang members or evict potential members absent foreseeable violence.
Real Property Oct. 17, 2007
Kasparian v. Avalonbay Communities
If trial court concludes defect is open and obvious danger based on its inspection of photographs, reviewing court is not bound by this determination.
Real Property Oct. 16, 2007
Lincoln Place Tenants Association v. City of Los Angeles
City must enforce agency's promised mitigation measures concerning project to demolish and redevelop Venice apartment complex before evicting remaining tenants.
Real Property Oct. 10, 2007
Strong v. State Board of Equalization
Legislature has constitutional authority to ratify administrative rule excluding real property transfers between domestic partners from definition of 'change in ownership' under Proposition 13.
Real Property Oct. 2, 2007
County of Solano v. Handlery
Public trust doctrine precludes county from casting aside use restrictions on property contained in grant and reiterated in quitclaim deed.
Real Property Sep. 24, 2007
Lincoln Place Tenants Association v. City of Los Angeles
City must enforce agency's promised mitigation measures concerning project to demolish and redevelop Venice apartment complex before evicting remaining tenants.
Real Property Sep. 23, 2007
Heritage Oaks Partners v. First American Title Ins. Co.
Trustee that conveys title in nonjudicial foreclosure believing it is trustee of record has no duty to subsequent purchasers of property.
Real Property Sep. 19, 2007
Baccouche v. Blakenship
Easement may not be enforced where keeping of horses on undeveloped lot violates zoning ordinances.
Real Property Sep. 12, 2007
Patel v. Liebermensch
Despite special verdict finding option contract, court cannot order specific performance and impose material terms to which parties never agreed.
Real Property Aug. 23, 2007
Marriage of Ruelas
Daughter’s use of her good credit to help her parents purchase condominium creates resulting trust, and condominium is not daughter’s community property.
Real Property Aug. 22, 2007
League of Residential Neighborhood Advocates v. City of Los Angeles
Settlement with congregation authorizing City to disregard zoning ordinance to permit synagogue is void without notice and finding of violation of federal law.
Real Property Aug. 22, 2007
Inglewood Redevelopment Agency v. Aklilu
Expert testimony on lost goodwill value of business that redevelopment agency is unable to relocate is properly admitted based on 'cost to create' approach.
Real Property Aug. 21, 2007
Vacation Village Inc. v. Clark County, Nevada
County’s height restriction on airport-adjacent land amounted to per se regulatory taking, entitling property owner to just compensation.
Real Property Aug. 12, 2007
Stoneridge Parkway Partners v. MW Housing Partners III
Loan is exempt from constitutional usury prohibition where licensed real estate broker did not negotiate loan on his own behalf.
Real Property Aug. 5, 2007
Inglewood Redevelopment Agency v. Aklilu
Expert testimony on lost goodwill value of business that redevelopment agency is unable to relocate is properly admitted based on 'cost to create' approach.
Real Property Jul. 31, 2007
Castaneda v. Olsher
Nonsuit is proper where landlord has no duty to not rent to gang members or evict potential members absent foreseeable violence.
Real Property Jul. 30, 2007
Haley v. Casa Del Rey Homeowners Association
Nonsuit on homeowner’s nuisance claim against homeowners association is proper where there was no unreasonable interference or actual damage to homeowner.
Real Property Jul. 29, 2007
Opinion of Brown
County recorder is not required to make copy of ‘separate paper’ indicating documentary transfer tax amount before returning it to recording party.
Real Property Jul. 23, 2007