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Articles 5191 - 5220 of 5269

Full-Text Articles in Land Use Law

Prohibition--Equitable Clean Hands Doctrine As A Ground For Denial Of The Writ, Paul D. Farr Dec 1933

Prohibition--Equitable Clean Hands Doctrine As A Ground For Denial Of The Writ, Paul D. Farr

West Virginia Law Review

No abstract provided.

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Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency Apr 1933

Quasi-Contracts-Waiver Of Tort-Suit Against Governmental Agency

Michigan Law Review

County officials forcibly ejected plaintiff from five acres of his land, harvested and used plaintiff's oat crop thereon, and converted the land into a road. Held, that although a county, being an agency of the State, is not liable in tort in the absence of statute, the tort may be waived and recovery allowed on the implied promise to pay for the taking of private property for public use without just compensation. Kerns v. Couch, (Or. 1932) 12 Pac. (2d) 1011.

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Real Property-Boundaries-Apportionment Of Excess Or Deficiency Jan 1933

Real Property-Boundaries-Apportionment Of Excess Or Deficiency

Indiana Law Journal

No abstract provided.

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Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance Nov 1932

Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance

Michigan Law Review

Although there was some dispute among the earlier authorities, it is the rule today that comprehensive zoning ordinances, if enacted under proper legislative authority, are constitutional and will be upheld in so far as they are reasonable in application. In order to give aggrieved property owners an opportunity to obtain relief upon the basis of the ordinance itself without attacking its constitutionality, it has become common practice to give the board of appeals the power to vary the operation of the ordinance in specific cases.

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Constitutional Law--Zoning Board Of Appeals--Dispensing Power, Donald M. Hutton Jun 1932

Constitutional Law--Zoning Board Of Appeals--Dispensing Power, Donald M. Hutton

West Virginia Law Review

No abstract provided.

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Municipal Corporations - Validity Of Setback Ordinances In Improved Districts Mar 1932

Municipal Corporations - Validity Of Setback Ordinances In Improved Districts

Michigan Law Review

Mulleady sought but was refused permission to inclose with glass a porch on a lot located in the city of Trenton. The municipality was authorized to make building regulations for the purpose of lessening congestion in streets, securing safety from fire, panic, or other danger, promoting health, morals, or general welfare, providing adequate light and air, or avoiding concentration of population. Section 12 of the municipal ordinance provided that no building should be erected, reconstructed, or altered so as to project in any wise beyond the average setback lines observed by the buildings on the same side of the street …

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Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor Nov 1931

Landlord And Tenant- Fraud - Nondisclosure Of Concealed Dangers By Lessor

Michigan Law Review

The plaintiff rented an unfurnished apartment to the defendant without any covenants regarding habitable condition or repairs. After six months defendant moved out. Plaintiff sued for rent, and the defense was that the house was infested with vermin, bugs, and disease germs. Held, concealment of the presence of disease germs amounted to fraud, but by delay, with knowledge of the facts, defendant lost her right to rescind. A defense based upon constructive eviction was also rejected. Leech v. Husbands (Del. 1930) 152 Atl. 729.

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Landlord And Tenant-Covenants-Effect Of A Municipal Ordinance Jun 1931

Landlord And Tenant-Covenants-Effect Of A Municipal Ordinance

Michigan Law Review

L. let a building to T. with the provision in the lease that if the premises should be rendered unfit for occupancy by reason of fire or other casualty, L. would rebuild the same at his own expense. Subsequently the city council passed a building code prohibiting the rebuilding of a structure destroyed more than sixty per cent by fire. The building in this case was almost entirely destroyed by fire and L. was refused a permit to rebuild. Previous to the refusal of the commissioner to grant a permit, T. had preferred L. the monthly rent which L. had …

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Landlord And Tenant-Liability Of Landlord For Injury To Tenant At Sufferance May 1931

Landlord And Tenant-Liability Of Landlord For Injury To Tenant At Sufferance

Michigan Law Review

X rented a house and lot from the defendant with the understanding that possession and the lease would begin February 8, defendant meanwhile to repair a frozen water pipe on the premises. X moved in on the sixth while an employee of the defendant was making the repairs. Although aware of the premature occupancy, the defendant made no signs of objection or approval. The employee of the defendant negligently left an unguarded opening in the flooring, through which the plaintiff, a member of X's household, fell and injured himself. Held, that the defendant was liable. X enjoyed the rights …

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Boundary Agreements-Enforcement When In Existence For A Period Less Than Required To Pass Title By Adverse Possession May 1931

Boundary Agreements-Enforcement When In Existence For A Period Less Than Required To Pass Title By Adverse Possession

Indiana Law Journal

No abstract provided.

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Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair May 1931

Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair

Michigan Law Review

Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …

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Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant May 1931

Landlord And Tenant--Liability Of Landlord To Adjacent Owner For Nuisances Created By The Tennant

Michigan Law Review

L's lands, which occupied the bed and west bank of Santiago Creek, separated P's land from the creek. T held under a lease from L. T excavated for sand, rock and gravel in such a way as to constitute a nuisance. By mutual agreement L and T cancelled the old lease and entered into a new one. Subsequent to the new lease a flood occurred and, as a result of the previously created nuisance, part of P's land was washed away. P sued L. The court instructed that if a nuisance were created during the first lease and was in …

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Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction Apr 1931

Landlord And Tenant-Interference With Possession Of Tenant As Basis For Suit By Landlord-Injunction

Michigan Law Review

In the recent case of Petty v. Langan the South Dakota court granted to a landlord an injunction restraining a third party who claimed the right to a lease, "from going upon the land or interfering witμ the right of plaintiff and his tenant to the possession thereof." No authority was cited by the court for the position it took, and the result is hard to square with orthodox views, but the holding appears sound on principle and desirable.

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Covenants--Mistake Of Law--Warranty Against Jan 1931

Covenants--Mistake Of Law--Warranty Against

Michigan Law Review

The Municipal Metallic Bed Mfg. Co. leased a building from Dobbs in reliance on his representation that it was not illegal to manufacture in said building, and the lease contained a warranty to that effect, and a promise to indemnify the Bed Co. for any loss sustained in case it should prove illegal to use the building for the purpose intended. It later proved that due to the New York building code the building could not be used for manufacturing, and the Bed. Co. sued for the loss it sustained as a result. Held, plaintiff could recover on the …

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Quasi-Contracts--Improvements On Land Of Another By Mistake Jan 1931

Quasi-Contracts--Improvements On Land Of Another By Mistake

Michigan Law Review

Plaintiffs filed a bill in chancery seeking compensation for a house built on the defendants' lot due to an error on the part of the plaintiffs. The lower court granted a decree offering the defendants the election of taking the improvements at a fair value found by the court or of releasing the lot to the plaintiffs on the plaintiffs' paying its fair value. On appeal, held, this relief was proper. Hardy et al. v. Burroughs et al. (Mich. 1930) 232 N.W. 200.

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Easements-Abandonment Jan 1931

Easements-Abandonment

Michigan Law Review

A driftway across the defendant's land was created by grant, giving the plaintiff his only access to the highway. The need for a way having ceased, it had not been used by the dominant owner for about twenty-five years, and in places was so overgrown as to be almost impassable. Moreover, the defendant moved two buildings in the line of the way, and about five years previously had prevented the plaintiff from cutting brush within its bounds. The lower court held that these facts constituted an abandonment, but this was held to be error on appeal. Byard v. Hoelscher (Conn. …

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Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards Jan 1931

Municipal Corporations-Billboards-Prohibition Near Parks And Boulevards

Michigan Law Review

The defendant acting under statutory authority passed an ordinance prohibiting billboards within five hundred feet of any park or boulevard. Held, the ordinance was valid but unenforceable as to existing billboards except upon the payment of compensation. General Outdoor Advertising Co. v. City of Indianapolis (Ind. 1930) 172 N.E. 309.

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Covenants - Effect Of Zoning Ordinances Nov 1930

Covenants - Effect Of Zoning Ordinances

Michigan Law Review

Plaintiff and defendant owned lots in a subdivision restricted of covenants to residences. The city council passed a zoning ordinance under which the lot owned by the defendant was classified for commercial uses. He secured a permit to erect a gasoline station on the lot and plaintiff sought an injunction restraining him from so doing. Held, that the zoning ordinance did not nullify or supersede the restrictive covenant and hence the injunction could properly be issued. Dolan v. Brown (Ill. 1930) 170 N.E. 425.

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Building Restrictions-Who Can Enforce-Prior Purchaser-Oral Agreement Nov 1930

Building Restrictions-Who Can Enforce-Prior Purchaser-Oral Agreement

Michigan Law Review

The owner conveyed part of a tract of land to the plaintiff's granter with the oral agreement that no building should be constructed within seven feet of the part conveyed, and subsequently conveyed the part retained to the defendant's granters with the covenant that no building be erected within seven feet of the part previously conveyed. Defendant began construction of a building which would cover the seven feet in question. Plaintiff sought an injunction. With approval of the finding below that the restriction was imposed for the benefit of the land now owned by the plaintiff, held, that the …

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Eminent Domain-Municipal Corporations-Statutory Construction Apr 1930

Eminent Domain-Municipal Corporations-Statutory Construction

Indiana Law Journal

No abstract provided.

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Property Owners' Consent Provisions In Zoning Ordinances, Harold C. Havighurst Feb 1930

Property Owners' Consent Provisions In Zoning Ordinances, Harold C. Havighurst

West Virginia Law Review

No abstract provided.

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Land Laws Of Kentucky., Lillian Logan Jan 1930

Land Laws Of Kentucky., Lillian Logan

Electronic Theses and Dissertations

This thesis follows the growth of settlement in Kentucky from the time of her birth as a state in seventeen hundred and ninety-two, to the year eighteen hundred and thirty-seven, a period during which all of the land within her borders was opened for settlement. It does not pretend to relate a complete story of the march across Kentucky, but only to tell the important stages as revealed by the laws governing appropriating of land. There were no Indian towns or villages within the boundaries of what is now Kentucky, but certain tribes had definite hunting grounds. The Cherokees were …

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Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent Apr 1929

Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent

Michigan Law Review

The growing practice of leasing important business property, especially for long terms, rather than of conveying the entire fee simple, has made increasingly important the devices inserted in such leases for the protection of the respective parties. One of the oldest and most common of these, for the protection of the lessor, is the covenant by the lessee that he will not assign the term without the consent of the lessor.

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Book Reviews Feb 1929

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara Jan 1929

Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara

Journal Articles

The case of In re Matter of Copps Chapel Methodist Episcopal Church appears to establish that there is no longer any such thing as a determinable interest in land in Ohio. There would seem to be no escape from this unless the court should be prepared to overrule itself.

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Tort Liability Of A Landlord, Raymond Harrison Harkrider Jan 1928

Tort Liability Of A Landlord, Raymond Harrison Harkrider

Michigan Law Review

When a landowner leases his property to a tenant he looks upon the transaction as purely a business matter. He is seldom aware, perhaps, of the duties resting upon him, the breach of which may subject him to an action in tort. The relation created is one of the most common known to our law and gives rise to a multitude of problems. The courts in their business-like manner treat the law as well settled, and decide the cases as they are presented with very little discussion of the true principles involved. Legal scholars have discussed very little the tort …

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Revocation Of Building Permits, Joseph O'Meara Jan 1928

Revocation Of Building Permits, Joseph O'Meara

Journal Articles

There is considerable confusion in text books and decisions in the use of the expression "vested interest", the same being sometimes used as though the owner of a vested interest becomes completely immune from legislation. Theoretically, as a building permit does not create a vested interest nor property right, no amount of expenditure in reliance on a building permit can create such a vested interest or property right as to effect a limitation upon the exercise of the police power. The problem is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge …

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Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen Jan 1928

Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen

Journal Articles

It is generally assumed, on the authority of Letts v. Kessler, that spite fences in Ohio are within the law. In two cases language has been used indicating an adherence to the obsolescent view that spite fences may be erected with impunity, but in neither case was the question before the court for decision, so that what was said must be classed as dicta. This, then is the situation: there is not a single decision in the last twenty-one years supporting the rule of Letts v. Kessler. A careful reading of the opinion in Letts v. Kessler will show that …

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Book Review. Zoning Cases In The United States By Edward M. Bassett And Frank B. Williams, Frank Edward Horack Jr. Jan 1928

Book Review. Zoning Cases In The United States By Edward M. Bassett And Frank B. Williams, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

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Constitutional Law-Eminent Domain-Michigan Constitutional Provision Dec 1927

Constitutional Law-Eminent Domain-Michigan Constitutional Provision

Michigan Law Review

The necessity for the exercise of the power of eminent domain in a given case is a legislative question into which the courts cannot inquire, unless an abuse of legislative power is asserted. This results from the very nature of the power to take property for a public use, which power in itself is inherent in sovereignty. When the legislature determines to take a piece of property it is exercising the power in the normal manner. If the use is public, no further determination is necessary once the legislative decision is made. The real reason for the rule would seem …

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