Citation22 Ill.245 Md. 373, 226 A.2d 341 (1967) Brief Fact Summary. Maple Ridge Construction Co. (Plaintiff) was to buy thirty-four “finished” lots from Kasten Construction Co. (Defendant). The Defendant did not perform within the time allowed and the Plaintiff sued to enforce specific performance. Synopsis of Rule of Law. In a case involving specific performance, when the intention of the parties is always the controlling factor, the general rule is that time is not of the essence of the contract of sale and purchase of land unless a contrary purpose is disclosed by its terms ...
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Doctorman v. Schroeder
Citation View this case and other resources at: Brief Fact Summary. In this case Doctorman (Plaintiff) entered into a contract to purchase property from Schroeder (Defendant). The contract specifically stipulated that unless the payment was made on that day all monies paid on the account would be forfeited and the agreement would be null and void, however Plaintiff convinced Defendant to accept a partial payment. Synopsis of Rule of Law. Repeated acceptance of late payments by a vendor can lead to a finding that the vendor has waived enforcement of the time constraints within the contract ...
Citation17 Wis. 2d 89,115 N.W.2d 557, 1962 Wisc click the citation to view the entire case on Brief Fact Summary. Defendants agreed to an offer to purchase two commercial properties, but they were unable to obtain financing for both of the properties. The Plaintiff sued to recover $5,000 due under the promissory note. Synopsis of Rule of Law. In cases when the meaning of a contract term, such as the term at issue here, can be found from the circumstances surrounding the execution of the contract, the courts will find that the contract is sufficiently definite. Otherwise, the contract will f ...
King v. Wenger
Citation22 Ill.219 Kan. 668, 549 P.2d 986 (1976) Brief Fact Summary. Plaintiff sued Defendant for specific performance based on a handwritten agreement. Synopsis of Rule of Law. The fact that the parties contemplate the execution of a formal document is evidence that they intend to not be bound until the execution of the formal contract. ...
Niernberg v. Feld
Citation22 Ill.131 Colo. 508, 283 P.2d 640 (1955) Brief Fact Summary. A husband and wife, the Niernbergs (Defendants), owned land which they agreed to sell to the Felds (Plaintiffs) under a “Receipt and Option” which provided for a $1,500 deposit. The Defendants then sold the property to another for greater than what the Plaintiffs had agreed to and thereafter refused to return the deposit. Synopsis of Rule of Law. An executory contract involving title to, or an interest in, land may be rescinded by an agreement resting in parol. The statute of frauds concerns the making of con ...
Burns v. McCormick
Citation22 Ill.233 N.Y. 230, 135 N.E. 273 (1922) Brief Fact Summary. In June 1918, James Halsey, lived alone in his home. Plaintiffs claim that Halsey promised that the land would be theirs upon his death if they boarded and cared for him during his life. However, at the time of his death, there was nothing to evidence this agreement. Synopsis of Rule of Law. Not every act of part performance will move a court of equity, though legal remedies are inadequate, to enforce an oral agreement affecting rights in land. There must be performance unequivocally referable to the agreement. ...
Hickey v. Green
Citation22 Ill.14 Mass. App. Ct. 671, 442 N.E.2d 37 (App. Ct. 1982) Brief Fact Summary. Green (Defendant) orally agreed to sell Plaintiffs a parcel for $15,000.00, and Plaintiffs gave a check for $500.00 as a deposit to Defendant. Then, Defendant told Plaintiffs that she no longer intended to sell her property to Plaintiffs, but that she would sell to another for $16,000.00. Plaintiffs offered to pay the same, but Defendant refused the offer. Synopsis of Rule of Law. “A contract for the transfer of an interest in land may be specifically enforced notwithstanding failure to comply ...
Britton v. Town of Chester
Citation22 Ill.134 N.H. 434, 595 A.2d 492 (1991) Brief Fact Summary. Plaintiffs challenged a zoning ordinance which provided for multi-family housing to be built only as part of a planned residential development, which required that multi-family housing include a variety of housing types, such as single-family homes, duplexes, and multi-family structures. Synopsis of Rule of Law. A successful plaintiff is entitled to relief, which rewards his or her efforts in testing the legality of the ordinance and prevents retributive action by the municipality, such as correcting the illegality. ...
Shaughnessy v. Eidsmo
Citation22 Ill.222 Minn. 141, 23 N.W.2d 362 (1946) Brief Fact Summary. The Plaintiffs entered into an oral lease agreement with the Defendant for one year. The Plaintiffs contended that Defendant gave them an option to purchase at the end of the term and stated that he would give them a deed, which he refused to do. Synopsis of Rule of Law. “Where, acting under an oral contract for the transfer of an interest in land, the purchaser with the assent of the vendor takes possession thereof or retains possession thereof existing at the time of the bargain, and also pays a portion or all o ...
Village of Belle Terre v. Borass
Citation22 Ill.416 U.S. 1, 94 S. Ct. 1536, 39 L. Ed. 2d 797, 6 ERC 1417 (1974) Brief Fact Summary. Belle Terre is a village on Long Island, New York, which is home to 220 homes and 700 people. The Village restricted land use to single family dwellings. The Appellees are lessors and lessees of a house in the village where six college students lived, none of them related. Synopsis of Rule of Law. A law does not violate the Equal Protection Clause of the Fourteenth Amendment if the law is “reasonable and not arbitrary”, and bears “a rational relationship to a permissible sta ...
Moore v. City of East Cleveland
Citation22 Ill.431 U.S. 494, 97 S. Ct. 1932, 52 L. Ed. 2d 531 (1977) Brief Fact Summary. The City of East Cleveland adopted a housing ordinance, which limited the occupancy of a dwelling unit to a single family. The ordinance had an unusual definition of a family, which recognized only a few categories of related individuals. Synopsis of Rule of Law. When the government intrudes on choices concerning family living arrangements, the court will examine carefully the importance of the governmental interests advanced and the extent to which they are served by the challenged regulation. ...
City of Cleburne v. Cleburne Living Center, Inc
Citation22 Ill.473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985) Brief Fact Summary. A Texas city, Cleburne (Petitioner) denied a special use permit for the operation of a group home for the mentally retarded. Cleburne Living Center (Respondent) purchased a building with the intention to house thirteen mentally retarded individuals. Synopsis of Rule of Law. The general rule is that legislation is presumed valid and will be sustained if the classification drawn by the statute is rationally related to a legitimate state interest. ...
Palazzolo v. Rhode Island
Citation22 Ill.533 U.S. 606, 121 S. Ct. 2448, 150 L. Ed. 2d 592, 52 ERC 1609 (2001) Brief Fact Summary. In 1959, Palazzolo (Petitioner) and associates formed Shore Gardens, Inc. (SGI) and purchased parcels of land, which bordered a pond, other houses and was a marsh subject to tidal flooding. After trying to gain approval from the Rhode Island Division of Harbors and Rivers (DHR) for two development projects, which were not approved, the land was designated by the Council, an agency charged with the duty of protecting the state’s coastal properties, as protected “coastal wetland ...
Lucas v. South Carolina Coastal Council
Citation505 U.S. 1003, 112 S. Ct. 2886, 120 L. Ed. 2d 798, 34 ERC 1897 (1992) Brief Fact Summary. Lucas (Petitioner) bought two residential lots on the Isle of Palms in Charleston County, South Carolina, upon which he intended to build single-family homes. In 1988, the South Carolina Legislature enacted the Beachfront Management Act (Act), barred Petitioner from erecting any permanent structures on the two lots. Synopsis of Rule of Law. When the state seeks to sustain regulation that deprives a landowner from all economic use, the state may resist compensation only if the logically anteced ...
Nollan v. California Coastal Commission
Citation22 Ill.483 U.S. 825, 107 S. Ct. 3141, 97 L. Ed. 2d 677, 26 ERC 1073 (1987) Brief Fact Summary. The Nollans (Appellants) have appealed from a decision of the California Court of Appeal, which ruled that the California Coastal Commission could condition its grant of permission to rebuild their house on the transfer to the public of an easement across their beachfront property. Synopsis of Rule of Law. Land use regulation does not constitute a taking if it substantially advances legitimate state interests and does not deny an owner economically viable use of his land ...
Dolan v. City of Tigard
Citation22 Ill.512 U.S. 374, 114 S. Ct. 2309, 129 L. Ed. 2d 304, 38 ERC 1769 (1994) Brief Fact Summary. In this case Dolan (Petitioner) challenges the decision of the Supreme Court of Oregon, which held that the City of Tigard could condition the approval of her building permit on the dedication of a portion of her property for flood control and traffic improvements. Synopsis of Rule of Law. No precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the ...
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles
Citation22 Ill.482 U.S. 304, 107 S. Ct. 2378, 96 L. Ed. 2d 250, 26 ERC 1001 (1987) Brief Fact Summary. The First Evangelical Lutheran Church of Glendale (Appellant) bought, in 1957, 21 acres of land in a canyon along the banks of Mill Creek in the Angeles National Forest. Appellant constructed a dining hall, two bunkhouses, a caretaker’s lodge, an outdoor chapel, and a footbridge across the creek on the land, known as Lutherglen. In July of 1977, a fire destroyed the acreage above the canyon and a flood then wiped out Lutherglen. In response, the County of Los Angeles (Appellee) issue ...
Penn Central Transportation Co. v. City of New York
Citation22 Ill.439 U.S. 883, 99 S. Ct. 226, 58 L. Ed. 2d 198 (1978) Brief Fact Summary. Penn Central (Appellant) owned the Grand Central Terminal, which was designated by application of New York’s Landmarks Preservation Law to be a landmark. Thereafter, the Appellant entered into a renewable 50-year lease with UGP Properties, Ltd., a United Kingdom company, under which the UGP agreed to construct a multistory office building on top of the terminal. The plans for the new office building were submitted to the Commission for approval, which was denied. Synopsis of Rule of ...
Loretto v. Teleprompter Manhattan CATV Corp.
Citation458 U.S. 419, 102 S. Ct. 3164, 73 L. Ed. 2d 868, 8 Med. L. Rptr. 1849 (1982) Brief Fact Summary. A New York law authorized a cable television company to install its components on the property of a landlord, who may not interfere with the installation and may not demand payment from any tenant for permitting CATV, or demand payment from any CATV company in excess of an amount found to be reasonable by the state, which is set at $1. The landlord may require the CATV company or the tenant to bear the cost of the installation and to indemnify for any damage caused. Sy ...
City of Eastlake v. Forest City Enterprises, Inc
Citation22 Ill.426 U.S. 668, 96 S. Ct. 2358, 49 L. Ed. 2d 132 (1976) Brief Fact Summary. In this case Respondent sought to have a parcel of property rezoned from “light industrial” to permit the construction of a high-rise multi-family apartment building. The application for rezoning was in the process of approval when the voters of the City of Eastlake amended the city charter to require land use changes to be ratified by 55% of the voters to become effective. Synopsis of Rule of Law. As a basic instrument of democratic government, the referendum process does not, in itself, v ...
Pennsylvania Coal Co. v. Mahon
Citation260 U.S. 393, 43 S. Ct. 158, 67 L. Ed. 322 (1922) Brief Fact Summary. Mahon (Plaintiff) owned a house with surface rights to the land. Pennsylvania Coal Co. (Defendant) owned the mining rights, and was the grantor of Plaintiff’s estate. Plaintiff waived all claims arising from damages due to the mining of the coal beneath the land. The Kohler Act (Act) forbid the mining of coal when it causes the subsistence of any structure. Exceptions occur when the surface is owned by the owner of the underlying coal, and is more than hundred and fifty feet from any improved property belong ...
Village of Valatie v. Smith
Citation22 Ill.83 N.Y.2d 396, 610 N.Y.S.2d 941, 632 N.E.2d 1264 (1994) Brief Fact Summary. Smith (Defendant) inherited a nonconforming mobile home in 1989 from her father. The Village of Valatie (Plaintiff) sued Defendant to enforce a 1968 law to have the mobile home removed. Synopsis of Rule of Law. An amortization period is presumed valid and the burden is on the challenging owner to overcome the presumption by showing that the loss suffered is so substantial that it outweighs the public benefit to be gained by the exercise of the police power. ...
Stone v. City of Wilton
Citation22 Ill.331 N.W.2d 398 (Iowa 1983) Brief Fact Summary. Plaintiffs bought a tract of land in the City of Wilton (Defendant), for the construction of low-income multi-family housing. At the time of purchase, approximately three-fourths of the land was zoned as multi-family residential. Prior to Plaintiffs’ construction, the city rezoned the entire six acres as single-family residential. Synopsis of Rule of Law. The standard for determining if a property owner has vested rights in a zoning classification is dependent on the type of the project, the location, the ultimate cost, an ...
Nectow v. City of Cambridge
Citation22 Ill.277 U.S. 183, 48 S. Ct. 447, 72 L. Ed. 842 (1928) Brief Fact Summary. The Plaintiff sued for a mandatory injunction directing the city to pass Plaintiff’s application for a permit to erect any lawful buildings upon a tract of land without regard to the inclusion of the tract of land in a zoning ordinance, which zoned the land residential. Synopsis of Rule of Law. The determination of public officers should not be set aside unless it is clear that their action has no foundation in reason and is a mere arbitrary or irrational exercise of power having no substantial relat ...
Durant v. Town of Dunbarton
Citation22 Ill.121 N.H. 352, 430 A.2d 140 (1981) Brief Fact Summary. Plaintiff requested Defendant to approve her plans for a subdivision, which the Defendant’s planning board denied. The Plaintiff appealed the denial. Synopsis of Rule of Law. The regulations of local planning boards are given a broad scope and generally may include provisions, which will tend to create conditions favorable to health, safety, convenience or prosperity. ...