GAMING LAW, PROPERTY LAW & REAL ESTATE
GAMING LAW, PROPERTY LAW & REAL ESTATE
Murphy v. Burch , No. S159489
In a quiet title action between owners of adjoining properties, court of appeal's judgment is affirmed where plaintiff did not establish an easement by necessity, as the need for access by itself does not entitle a landlocked property owner to burden a neighbor's land when the easement claim is traced back to a federal patent that did not reserve a right of access over the defendant's property when it conveyed that property and retained plaintiff's landlocked property. Read more in HTML... Read more in PDF...
Murphy v. Burch , No. S159489
In a quiet title action between owners of adjoining properties, court of appeal's judgment is affirmed where plaintiff did not establish an easement by necessity, as the need for access by itself does not entitle a landlocked property owner to burden a neighbor's land when the easement claim is traced back to a federal patent that did not reserve a right of access over the defendant's property when it conveyed that property and retained plaintiff's landlocked property. Read more in HTML... Read more in PDF...
U.S. 6th Circuit Court of Appeals, April 20, 2009
U.S. Bank, N.A. v. EPA, No. 08-3083
In a bankruptcy proceeding, the Bankruptcy Court's order granting the EPA's claim against the Debtor for groundwater cleanup compensation under CERCLA is affirmed, where: 1) the Bankruptcy Court did not err in determining that the Debtor assumed its predecessor's liabilities; and 2) the Bankruptcy Court had no notice of the Trustee's intent to rely on a late-filed expert report. Read more...
