| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 97CA0293 
 | 
Rogers v. Westerman Farm Company
 Lessees of oil and gas interests may deduct certain post-production costs before making royalty payments.  | 
Real Property | 
 | 
Dec. 24, 1998 | |
| 
 97-4078 
 | 
Mount Olivet Cemetery Association v. Salt Lake City
 Congressional authorization of property for non-cemetery use doesn't preempt state zoning act.  | 
Real Property | 
 | 
Dec. 15, 1998 | |
| 
 97SC100 
 | 
Hall v. Walter
 Treble damages proper against real estate agents who private driveway as access to other properties.  | 
Real Property | 
 | 
Dec. 13, 1998 | |
| 
 97CA1625 
 | 
McCormick v. Union Pacific Railroad Company
 Reservation of "minerals" in deeds conveying surface rights included oil and gas rights.  | 
Real Property | 
 | 
Dec. 10, 1998 | |
| 
 97CA1143 
 | 
Beckhart v. HTS Properties
 Right of redemption cannot be severed from property it serves.  | 
Real Property | 
 | 
Nov. 26, 1998 | |
| 
 98-0010 
 | 
Gfeller v. The Scottsdale Vista North Townhomes Association
 Homeowners association has affirmative duty to enforce CC&Rs to prevent interference with drainage of rainwater.  | 
Real Property | 
 | 
Nov. 24, 1998 | |
| 
 97CA1446 
 | 
Tucker v. Wolfe
 Double-wide mobile homes aren't precluded by deed restriction prohibiting trailer houses.  | 
Real Property | 
 | 
Oct. 30, 1998 | |
| 
 97CA1385 
 | 
Kunz v. Cycles West Inc.
 Plaintiff entitled to recover costs of renovating commercial property to attract new tenant where lease provides for such payment.  | 
Real Property | 
 | 
Oct. 16, 1998 | |
| 
 97CA1517 
 | 
Carron v. Board and Cuonty Commissioners
 Delineation process established by county for zoning purposes within the authority of the county.  | 
Real Property | 
 | 
Oct. 16, 1998 | |
| 
 97-0402 and 98-0170 
 | 
Paloma Investment Limited Partnership v. Jenkins
 Water rights agreements are real property rights binding on successor owners of the real property.  | 
Real Property | 
 | 
Oct. 14, 1998 | |
| 
 97SC529 
 | 
Lazy Dog Ranch v. Telluray Ranch Corp.
 Prior determination of easement's existence and dimensions doesn't create collateral estoppel concerning its use.  | 
Real Property | 
 | 
Sep. 14, 1998 | |
| 
 97-0389 
 | 
State of Arizona v. Wells Fargo Bank of Arizona
 Condemnee doesn't have to show unique or special damages to collect severance damages.  | 
Real Property | 
 | 
Aug. 26, 1998 | |
| 
 97-1330 
 | 
Dakota Ridge Joint Venture v. City of Boulder
 Order  | 
Real Property | 
 | 
Aug. 24, 1998 | |
| 
 97CA0115 
 | 
Pagosa Lakes Property Owners Assn. v. Caywood
 Regulations adopted by homeowner's association valid under the Colorado Common Interest Ownership Act.  | 
Real Property | 
 | 
Aug. 5, 1998 | |
| 
 97-3193 
 | 
SBKC Service Corporation v. 1111 Prospect Partners
 Order  | 
Real Property | 
 | 
Jul. 30, 1998 | |
| 
 97CA0339 
 | 
Bittersweet Farms Inc. v. Zimbelman
 Owner of upstream property has a natural easement over downstream property for discharge of irrigation water.  | 
Real Property | 
 | 
Jul. 22, 1998 | |
| 
 97-5023 
 | 
Oral Roberts University v. Anderson
 Order  | 
Real Property | 
 | 
Jul. 17, 1998 | |
| 
 B084258 
 | 
Quelimane Co. Inc. v. Stewart Title Guaranty Co.
 Title insurers need not issue title insurance against their better judgment on particular land parcels.  | 
Real Property | 
 | 
Jul. 15, 1998 | |
| 
 97CA1333 
 | 
Lieff v. Medco Professional Services Corp.
 Sale of business holding lease requires broker to hold real estate license despite no actual property transfer.  | 
Real Property | 
 | 
Jul. 10, 1998 | |
| 
 97CA0672 
 | 
Fleisher v. First National Bank of Telluride
 Judgment lien recorded but later set aside remains in effect if opened but not vacated.  | 
Real Property | 
 | 
Jul. 10, 1998 | |
| 
 97-5163 
 | 
Oklahoma Plaza Investors Ltd. v. Wal-Mart Stores Inc.
 Order  | 
Real Property | 
 | 
Jul. 6, 1998 | |
| 
 96CA1340 
 | 
Lackner v. King
 Deed that doesn't reference public document doesn't give sufficient notice of fiduciary capacity of grantee.  | 
Real Property | 
 | 
Jun. 11, 1998 | |
| 
 97CA0625 
 | 
Tiger v. Anderson
 Limitations statute for fraudulent conveyance of land runs from date legal or equitable owner took possession.  | 
Real Property | 
 | 
Jun. 11, 1998 | |
| 
 97-7068 
 | 
Cadle Company v. Russell
 Order  | 
Real Property | 
 | 
May 31, 1998 | |
| 
 97SA390 
 | 
O'Neill v. Simpson
 Suit contesting court's subject matter jurisdiction in earlier case is barred by res judicata and collateral estoppel.  | 
Real Property | 
 | 
May 20, 1998 | |
| 
 97CA0085 
 | 
Skillstaff of Colorado Inc. v. Centex Real Estate Corporation
 Temporary personnel agency doesn't have right to assert mechanic's lien.  | 
Real Property | 
 | 
May 19, 1998 | |
| 
 97CA0234 
 | 
Thompson v. City and County of Denver
 Landowner's protected property interests extend only to lower bounds of navigable airspace.  | 
Real Property | 
 | 
May 19, 1998 | |
| 
 97-3024 
 | 
Sherwood v. Panhandle Eastern Pipe Line Company
 Order  | 
Real Property | 
 | 
May 14, 1998 | |
| 
 97CA0663 
 | 
W.W.G. Corporation v. Hughes
 Common-law doctrine of retaliatory eviction isn't defense to unlawful detainer action.  | 
Real Property | 
 | 
May 6, 1998 | |
| 
 97-1256 
 | 
Vigil v. Markson
 Order  | 
Real Property | 
 | 
May 6, 1998 | 
