Citation736 N.W. 2d 255 (Iowa 2007) Brief Fact Summary. Ames Rental Property Association brought suit against the City of Ames seeking a declaratory judgment, regarding whether the City of Ames’ zoning ordinance was constitutional. Synopsis of Rule of Law. A zoning ordinance may exclude more than three unrelated individuals from the definition of the term “family” without violating the Equal Protection Clause of the United States Constitution or the Iowa Constitution. ...
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United States v. Real Property and Improvements Located at 1840 Embarcadero, Oakland, California
CitationUnited States v. Real Prop. & Improvements Located at 2366 San Pablo Avenue, 2015 U.S. Dist. LEXIS 14624, 2015 WL 525711 Brief Fact Summary. Defendant owns Harborside Health Center, a retail marijuana store, and the United States of America is seeking to forfeiture the real property. Synopsis of Rule of Law. Under 21 U.S.C. § 841(a), one cannot manufacture, distribute, or possess with the intent to manufacture or distribute marijuana. ...
Davenport v. Cotton Hope Plantation Horizontal Property Regime
CitationDavenport v. Cotton Hope Plantation Horizontal Prop. Regime, 508 S.E.2d 565, 333 S.C. 71, 1998 S.C. LEXIS 151 (S.C. Nov. 9, 1998) Brief Fact Summary. Davenport (Plaintiff) sued Cotton Hope Plantation Horizontal Property Regime (Defendant), his landlord, when he was injured in a fall on a stairway where the light was out. Defendant argued that because Plaintiff knew the light was out and used the stairway anyway, he had assumed the risk, barring recovery. Synopsis of Rule of Law. Assumption of the risk is not an absolute bar to recovery and only bars a plaintiff’s recovery wh ...
KE Property Management Inc. v. 275 Madison Management Corp.
CitationKE Property Management, Inc. v. 275 Madison Management Corp., 1993 Del. Ch. LEXIS 147 (Del. Ch. July 21, 1993) Brief Fact Summary. KE Property Management Inc. (KE Property) (Plaintiff), one of the general partners of 275 Madison Associates L.P., a limited partnership (the “Partnershipâ€), sought a declaratory judgment that the claimed removal of 275 Madison Management Corp. (275 Madison Corp.) (Defendant), the managing general partner of the Partnership, by KJ Capital Management, Inc. (KJ Capital), a limited partner and an affiliate of KE Prope ...
Walgreen Co. v. Sara Creek Property Co.
Citation966 F.2d 273, 1992 U.S. App. Brief Fact Summary. Defendant, Sara Creek Property Company, is appealing a judgment for a permanent injunction in favor of Plaintiff, Walgreen Company. Synopsis of Rule of Law. An appellate court will not overturn a final judgment of a permanent injunction granted by a trial court if the trial court used reasonable judgment in weighing the costs between a damages remedy and an injunction. ...
Walgreen Co. v. Sara Creek Property Co
Citation22 Ill.966 F.2d 273 (7th Cir. 1992) Brief Fact Summary. Plaintiff is a tenant of Defendant in a shopping mall. Part of Plaintiff’s lease is an agreement that Defendant will not have another pharmacy in the shopping mall. The biggest store in the mall went under and Defendant sought to rent to a deep discount store that had a large pharmacy in it. Synopsis of Rule of Law. Injunctive relief is appropriate when money damages are difficult and costly to calculate and would not cure the ill the plaintiff seeks to cure. ...
Neponsit Property Owners’ Assoc., Inc. v. Emigrant Indus. Savings Bank
Citation278 N.Y. 248, 15 N.E.2d 793, 1938 N.Y. 118 A.L.R. 973 Brief Fact Summary. Plaintiff, Neponsit Property Owners Association (Plaintiff), brought an action to foreclose a lien arising from a covenant contained in deed of conveyance to a predecessor in title of the Defendant, Emigrant Industrial Savings Bank (Defendant). The covenant essentially provided that a $4 fee would be collected annually upon lots of a certain size. The charge collected was to be devoted to maintenance of roads, paths, parks and other public purposes. Synopsis of Rule of Law. A covenant must t ...
Neponsit Property Owners’ Ass’n v. Emigrant Industrial Sav. Bank
Citation22 Ill.278 N.Y. 248, 15 N.E.2d 793 (1938) Brief Fact Summary. A property owners’ association sought enforcement of a lien that arose under a covenant running with the land (real covenant). Synopsis of Rule of Law. The property owners’ association may enforce the real covenant despite not owning any of the property sought to be benefited. This is a departure from the strict requirements of privity. ...
Vincent v. Lake Erie Transportation Co.
Citation124 N.W. 221 (Minn. 1910) Brief Fact Summary. Defendant tied its steamship to plaintiffs’ dock during a severe storm to preserve its ship. Due to the severity of the storm, the ship hit the dock constantly and caused damages to the dock. Plaintiffs sought compensation from defendant. Synopsis of Rule of Law. A party who damages the property of another while acting out of private necessity must compensate the property owner for the resulting damage. ...
Toms v. Calvary Assembly of God, Inc.
Citation446 Md. 543, 132 A.3d 866 (2016) Brief Fact Summary. Plaintiff’s cows were scared by firework displayed by defendant. As a result, the scared cows damaged plaintiff’s property and four cows died. Plaintiff sued defendant for conducting abnormally dangerous activity and should thus be strictly liable for plaintiff’s injury. Synopsis of Rule of Law. Lawful fireworks displays were not an abnormally dangerous activity. ...
Sindle v. New York Transit Authority
Citation33 N.Y.2d 293, 307 N.E.2d 245 (1973) Brief Fact Summary. On the last day of school, plaintiff was on the bus home with his classmates when they started to destroy the bus out of excitement for the summer break. The bus driver informed them that he was taking them to the police station, at which point the plaintiff tried to jump out the window of the bus. He landed on the ground and was then run over by the bus, causing severe personal injury. Synopsis of Rule of Law. Restraint or detention under reasonable circumstances imposed for the purp ...
Rowland v. Christian
Citation69 Cal. 2d 108, 443 P.2d 561, 70 Cal. Rptr. 97 (1968) Brief Fact Summary. Plaintiff was a social guest of defendant and was injured by the defective bathroom fixture in defendant’s apartment. Synopsis of Rule of Law. Where the occupier of land is aware of a concealed condition involving an unreasonable risk of harm to, a failure to warn the guest or to repair the condition constitutes negligence. ...
Ploof v. Putnam
Citation. 81 Vt, 471, 71 A. 188 (1908) Brief Fact Summary. Plaintiff tied his boat to defendant’s dock to avoid danger in the midst of a violent storm. Defendant’s servant found out and untied the boat. Plaintiff and his family were injured and the boat was destroyed by the storm. Synopsis of Rule of Law. Necessity is a justifiable defense to entries upon land and interferences with personal property that would otherwise have been trespass. ...
Marshall v. Nugent
Citation222 F.2d 604 (1st Cir. 1955) Brief Fact Summary. Plaintiff was traveling in a car and was involved in a car accident. The truck driver, who almost caused the collision, stopped the truck on the road and offered to help push plaintiff’s car back to the road. To warn oncoming vehicles about the accident, plaintiff went up the hill. Defendant was driving another car on the road. To avoid hitting the truck, defendant went into a skid and hit plaintiff. Synopsis of Rule of Law. The primary test for proximate cause focuses on whether the natu ...
Kingston v Chicago & Northwest Railway
Citation191 Wis. 610, 211 N.W. 913 (1927) Brief Fact Summary. There were two separate fires that joined together and destroyed the plaintiff’s property. One was caused by the defendant’s locomotive, and the other one had an unknown origin. Synopsis of Rule of Law. The fact that the northeast fire was set by the defendant, which was a proximate cause of the plaintiff’s damage, is sufficient to establish the defendant’s liability, because in negligence any one of multiple tortfeasors whose concurring acts of negligence result in injury, ...
Katko v. Briney
Citation183 N.W.2d 657 (Iowa 1971) Brief Fact Summary. Plaintiff broke into defendants’ farmhouse and was seriously injured by a “spring gun” trap. Plaintiff, while admitting trespassing and theft, sued for damages caused by the injury. Synopsis of Rule of Law. No privilege exists to use force intended or likely to cause death or great bodily harm to prevent trespass unless the trespass threatens death or great bodily harm to the property owner. ...
Johnson v. Paynesville Farmers Union
Citation817 N.W.2d 693 (Minn. 2012) Brief Fact Summary. Defendant’s pesticide drifted and contaminated plaintiffs’ organic fields. Plaintiffs sued defendant for trespass. Synopsis of Rule of Law. Trespass claims address only tangible invasions of the right to exclusive possession of land. ...