Property Law and Real Estate Commons^™

Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether a mechanic or materialman must prove either that the materials were only delivered for use or whether the materials were actually used for the property in order to establish a lien on the property; (2) whether a property subject to a lien may still be sold where a surety bond has been posted, or whether the lien judgment should be satisfied from the surety bond.

Summary Of In Re Irrevocable Trust Agreement Of 1979, 130 Nev. Adv. Op. 63, Michael Paretti

Nevada Supreme Court Summaries

The Court determined whether unilateral mistakes, if proven, will allow a donor to rescind or reform an errant gift.

Summary Of Schleining V. Cap One, Inc., 130 Nev. Adv. Op. 36, Laura Guidry

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether NRS 40.453 invalidates a guarantor’s contractual waiver of the statutory right to be mailed a notice of default and 2) whether NRS 107.095 requires strict or substantial compliance by lenders giving notice of default, and if substantial compliance is sufficient, whether there was substantial compliance in this case.

Summary Of County Of Clark V. Lb Properties, Inc., 129 Nev. Adv. Op. 96, Lee Gorlin

Nevada Supreme Court Summaries

The Court determined whether a regulation promulgated by the Nevada Tax Commission to value remainder parcels of real property for tax abatement purposes applies retroactively, and if so, whether it violates Article 10, Section 1 of the Nevada Constitution.

Summary Of Nevada Power Co. V. 3 Kids Llc, 129 Nev. Adv. Op. 47, Oscar Peralta

Nevada Supreme Court Summaries

The Court reviewed a jury instruction regarding the determination of fair market value of condemned property, a portion of which is located within a government setback, for the purpose of ascertaining just compensation. Additionally, the Court considered whether the district court abused its discretion by allowing testimony provided by respondent’s expert and excluding appellant’s rebuttal evidence.

Summary Of Bergenfield V. Bank Of America, 129 Nev. Adv. Op. 40, Christopher J. Humphrey

Nevada Supreme Court Summaries

This is an appeal from a district court order denying a petition for judicial review in a Foreclosure Mediation Program matter. In Nevada’s Foreclosure Mediation Program, where a deed of trust and promissory note are held by different entities, the note holder’s sole attendance at the mediation is insufficient to satisfy the statutory requirement that the deed of trust beneficiary also attend and participate in the mediation.

Summary Of Jacinto V. Pennymac Corp., 129 Nev. Adv. Op. 32, Michael Esposito

Nevada Supreme Court Summaries

Appeal from a district court order granting a petition for judicial review in a Foreclosure Mediation Program (FMP) matter. The Court addressed the issue of whether a homeowner whose petition for judicial review in a FMP matter was granted, but whose request for a judicially imposed loan modification was denied, is an aggrieved party with standing to appeal the amount and nature of sanctions.

Nevada's Residential Real Estate Crisis: Local Governments And The Use Of Eminent Domain To Condemn Mortgage Notes, Ngai Pindell

Nevada Law Journal

No abstract provided.

Summary Of Building Energetix Corp. V. Ehe, Lp, 129 Nev. Adv. Op. 6, Brittany Llewellyn

Nevada Supreme Court Summaries

Appeal from a district court order granting a deficiency judgment after a nonjudicial foreclosure sale and subsequent reconveyance of property.

Summary Of Sowers V. Forest Hills Subdivision, 129 Nev. Adv. Op. 9, Daniel Nubel

Nevada Supreme Court Summaries

The Court considered whether substantial evidence existed to support the district court’s decision to grant a permanent injunction against the construction of a wind turbine.

Summary Of City Of Las Vegas V. Cliff Shadows Prof'l Plaza, Llc, 129 Nev. Adv. Op. 2, Brittney Puzey

Nevada Supreme Court Summaries

The Court considered an appeal and cross appeal on issues arising from an eminent domain action brought by Appellant City of Las Vegas to acquire a 40-foot-wide strip of real property from Respondent Cliff Shadows Professional Plaza, LLC.

Reconciling Indigenous And Women’S Rights To Land In Sub-Saharan Africa, Aparna Polavarapu

Scholarly Works

No abstract provided.

Adr's Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum

Scholarly Works

Millions of Americans lost their homes during the foreclosure crisis, an unprecedented disaster still plaguing local and national economies. A primary factor contributing to the crisis has been the failure of conventional foreclosure procedures to account for the new realities of securitization and the secondary mortgage market, which transformed the traditional borrower-lender relationship. To compensate for the shortcomings of conventional foreclosure procedures and stem the tide of residential foreclosure, state and local governments turned to ADR processes for a solution. Some foreclosure ADR programs, however, have greater potential to avoid foreclosures than others. This Article comprehensively examines the key components …

Summary Of Einhorn V. Bac Home Loans Servicing, L.P., 128 Nev. Adv. Op. 61, David H. Rigdon

Nevada Supreme Court Summaries

Appeal from a District Court order finding that BAC Home Loan Servicing, L.P (BAC) met its showing of lack of bad faith during foreclosure mediation and affirming the issuance of a Letter of Certification.

Summary Of In Re: Fontainebleau Las Vegas Holdings, Llc, 128 Nev. Adv. Op. 53, David H. Rigdon

Nevada Supreme Court Summaries

The Court considered three questions certified by the United States Bankruptcy Court for the Southern District of Florida relating to the application of equitable subrogation and enforceability of contractual subordination against mechanics’ lien claimants under Nevada’s mechanics’ and materialmen’s lien statutes, codified in NRS Chapter 108.

Summary Of Gold Ridge Partners V. Sierra Pacific Power Company, 128 Nev. Adv. Op. 47, Adam Tully

Nevada Supreme Court Summaries

The Court considered a motion to remand a case on appeal to the district court. Specifically, the Court weighed whether an eminent domain plaintiff could abandon its claim after the plaintiff paid just compensation and the district court entered a final condemnation order, but before the resolution of a pending appeal. In reaching its conclusions, the Court examined when a “final judgment” for the purposes of N.R.S. § 37.180(1) takes place, when an eminent domain taking is completed under the Constitution,2 and whether a district court maintains limited jurisdiction to dismiss an eminent domain claim on appeal if the plaintiff …

Terrace V. Thompson And The Legacy Of Manifest Destiny, Jean Stefancic

Nevada Law Journal

No abstract provided.

Summary Of Webb V. Shull, 128 Nev. Adv. Op. 8, Brandon Sendall

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order awarding treble damages for nondisclosure of known property defects, and a cross-appeal of a district court order refusing to find alter ego liability.

Summary Of Holt V. Regional Trustee Services Corp., 127 Nev. Adv. Op. 80, Brandon C. Sendall

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order refusing to enjoin a lender from instituting a second foreclosure action after being denied a Foreclosure Mediation Program certificate in a prior foreclosure action.

Summary Of Chateau Vegas Wine, Inc. V. S. Wine & Spirits, 127 Nev. Adv. Op. 73, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a permanent injunction in a business tort action.

Summary Of Walters V. Dist. Ct., 127 Nev. Adv. Op. 66, William Habdas

Nevada Supreme Court Summaries

The Court reviewed a petition for a writ of mandamus or prohibition. The issue was whether a counterclaim, cross-claim, and written motion setting the grounds for the application and the relief sought satisfied the requirements of NRS Chapter 40 for seeking a deficiency judgment upon a breach of guaranty.

Summary Of G.C. Wallace, Inc. V. Dist. Ct., 126 Nev. Adv. Op. 64, Alan Miller

Nevada Supreme Court Summaries

The Court examined a petition for a writ of mandamus challenging the district court's jurisdiction on grounds that a failure to raise the issue of damages in a summary eviction proceeding in justice court precluded a landlord from subsequently seeking damages in district court.

Summary Of Gallegos V. Malco Enterprises Of Nevada, 127 Nev. Adv. Op. No. 51, Chelsey Bosworth

Nevada Supreme Court Summaries

An appeal from a district court’s finding that a party cannot assign a judgment debtor’s right of action to a judgment creditor in a proceeding supplementary to the execution of a judgment.

Summary Of Lawrence V. Clark County, 127 Nev. Adv. Op. No. 32, Dan Hill

Nevada Supreme Court Summaries

Appeal from a district court ruling on the pleadings in a government land dispute action.

Summary Of Leyva V. National Default Services Corp., 127 Nev. Adv. Op. No. 40, Marissa Pensabene

Nevada Supreme Court Summaries

An appeal from a district court order denying a petition for judicial review in a foreclosure mediation action.

Has The Time For Large Gaming Property Involved Reits Finally Arrived?: A Review Of The Potential For Reit Investment In Destination Gaming Resort Properties, Simon Johnson

UNLV Gaming Law Journal

Destination gaming resorts demand massive amounts of capital in order to fund their investment in real property, much of which comprises areas where they realize predominantly passive business, including the hotel tower. Consequently, they generate substantial income from passive business, such as fees for hotel occupancy, even as most of their income is attributable to active business, such as gaming and personal services. Because they blend separable passive and active real property, a REIT can theoretically acquire all or some of the real property, realizing income under an operator lease with a substantially unrelated gaming or hotel lessee. Alternatively, a …

Procuring Meaningful Land Rights For The Women Of Rwanda, Aparna Polavarapu

Scholarly Works

Land reform and gender equality are important development issues in post-Genocide Rwanda. Beginning in 1999, the government of Rwanda passed and implemented reforms which granted women rights to own and use land on an equal status with men. However, as is expected with widespread social reform, obstacles continue to inhibit widespread gender equality in practice. In Rwanda, major social obstacles manifest in the form of (1) resistance to allowing daughters to inherit land from their parents, (2) adherence to assumptions of female inferiority, and (3) the persistence of informal marriages, in which wives remain unprotected by the new laws. Interested …

Summary Of Jd Construction V. Ibex Int’L Group, 126 Nev. Adv. Op. No. 36, Nevada Law Journal

Nevada Supreme Court Summaries

J.D. Construction, Inc. (“J.D. Construction”) placed a mechanic’s lien on property owned by IBEX International Group, LLC (“IBEX”). IBEX sought to expunge the lien, pursuant to NRS 108.2275, arguing that the lien was frivolous and/or excessive. The district court concluded the lien was excessive and expunged the lien. J.D. Construction appeals.

Summary Of Adaven Mgmt. V. Mountain Falls Acquisition, 124 Nev. Adv. Op. No. 67, Kareema Mitchell Turner

Nevada Supreme Court Summaries

No abstract provided.

A Post-Carcieri Vocabulary Exercise: What If "Now" Really Means "Then"?, Heidi M. Staudenmaier, Ruth K. Khalsa

UNLV Gaming Law Journal

When the Indian Reorganization Act1 (“IRA”) was passed in 1934, it officially defined an “Indian” as a member of a recognized tribe “now under federal jurisdiction.” For nearly three-quarters of a century, this definition of an Indian and an Indian tribe — hallmarked by the four-word phrase “now under federal jurisdiction” — guided federal policy and agency action on a host of matters, including management of federal lands, land-into-trust acquisitions made on behalf of tribes, and — after 1988 — application of the Indian Gaming Regulatory Act (“IGRA”).

In February 2009, however, the United States Supreme Court upended seventy-five years …