Real Estate

Decision affirmed in a case involving a dock ownership and placement dispute between plaintiffs-property owners and defendants-neighboring property owners and homeowner’s association in which plaintiffs claimed conversion and sought declaratory relief. The trial court’s order granting summary judgment in favor of defendants was affirmed, as was the order granting association’s counterclaim for indemnification, where evidence shows that plaintiffs had acquiesced to the neighboring owners' exclusive control of the dock, which had been relocated entirely within the neighboring water space, and had not demonstrated ownership, thereby barring their conversion claim.

Motion to dismiss granted in favor of residential real estate appraisers accused of negligence.

Defense of apartment complex alleged to have owed deceased a duty for unforeseeable double-murder, suicide event.

Motion to dismiss obtained in favor of a professional engineer surveying company in a multi-party real estate dispute. 

Obtained summary judgment in favor of HOA Board and Property Management Company on claims for violations of Constitutional Rights, Injunctive Relief, Excessive Fines, and Intentional Infliction of Emotional Distress.

Motion for summary judgment granted in favor of a large commercial real estate entity.

Claimants, a fair housing center and their representative-tenant, alleged our client, a residential landlord, violated fair housing laws by failing to provide a reasonable parking accommodation. We first defended the case through the initial investigation to secure a finding of no probable cause, based primarily on the defense that our client timely supplied the requested accommodation. Then, when claimants’ sought reconsideration of that initial finding, dismissal was upheld following a hearing before the full Commission.  

Motion to dismiss granted in favor of escrow agent based on lack of contractual or tort duty to inform prospective seller of required inspections prior to closing of real estate transfer.

Claimant alleged our client, a residential landlord, violated fair housing laws by disparately applying the terms and conditions of its lease agreements. We secured dismissal of the allegations with a finding of no probable cause of discrimination.

Defense of large national real estate broker regarding a Creditor’s Bill Complaint against the broker’s real estate agent and the broker, seeking a non-wage garnishment of the agent’s real estate commissions.

Rockies Pipeline LLC v. 4.895 Acres of Land, More or L, et al.

Property owner appealed adverse eminent domain evaluation and ruling

Successful prosecution of appeal of cease and desist order received by client property owner regarding newly issued ordinance on rentals

Defense at Small Claims trial involving claims against sellers real estate agent for alleged failure to protect neighbors property stored at sellers house once sale completed

Defense of Division of Real Estate professional licensing charge

Alkop, Inc., et al. v. Roger E. Vodicka, et al.

Plaintiff appealed adverse trial court judgment in real estate easement dispute claim.

William Caruso v. National City Mortgage Company, et al,

Plaintiff appealed adverse trial court judgment against real estate appraisal on alleged negligent misrepresentation