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Full-Text Articles in Property Law and Real Estate

Summary Of In Re Resort At Summerlin Litigation, 122 Nev. Adv. Op. 15, 127 P.3d 1076, Bryan Lindsey Feb 2006

Summary Of In Re Resort At Summerlin Litigation, 122 Nev. Adv. Op. 15, 127 P.3d 1076, Bryan Lindsey

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court order granting a holder of a deed of trust priority over holders of mechanic’s liens but denying deed of trust holder’s request for costs.


Summary Of Int’L Fidelity Ins. Co. V. State Of Nevada, 122 Nev. Adv. Op. 5, 126 P.3d 1133, Leanne Hoskins Feb 2006

Summary Of Int’L Fidelity Ins. Co. V. State Of Nevada, 122 Nev. Adv. Op. 5, 126 P.3d 1133, Leanne Hoskins

Nevada Supreme Court Summaries

The proceeding before the Court was a jurisdictional screening of eight consolidated appeals from district court orders denying motions to remit surety bonds. The Court held that it lacked jurisdiction to hear an appeal from any order entered in an ancillary bond proceeding and dismissed the appeals.


Summary Of Southern Nevada Homebuilders Association V. Clark County, 121 Nev. Adv. Op. 46, Wayne Klomp Aug 2005

Summary Of Southern Nevada Homebuilders Association V. Clark County, 121 Nev. Adv. Op. 46, Wayne Klomp

Nevada Supreme Court Summaries

On a request for declaratory relief from Clark County and various citizens groups, the district court declared valid a zoning ordinance requiring a two-thirds majority vote of the Clark County Commissioners for the approval of all non-conforming zone change applications. The district court concluded on a motion for summary judgment that the ordinance was valid. Southern Nevada Homebuilders Association (“SNHA”) appealed the decision of the district court.


Summary Of Hantges V. City Of Henderson, 121 Nev. Adv. Op. 32, Patti Ross Jan 2005

Summary Of Hantges V. City Of Henderson, 121 Nev. Adv. Op. 32, Patti Ross

Nevada Supreme Court Summaries

A citizen has standing to challenge redevelopment plans, however the challenge must be done within the time proscribed under NRS 279.609. Additionally, the court held that the members of the City of Henderson’s Redevelopment Advisory Commission (“Advisory Commission”) were not “public officers” pursuant to NRS 281.4365 and therefore were not subject to the conflict of interest requirements of NRS 281.411 to 281.581.


Summary Of Valley Electric Assoc. V. Overfield, 121 Nev. Adv. Op. 2, Kathleen L. Fellows Jan 2005

Summary Of Valley Electric Assoc. V. Overfield, 121 Nev. Adv. Op. 2, Kathleen L. Fellows

Nevada Supreme Court Summaries

An appeal challenging the award of attorney fees to landowners in an eminent domain action under NRS 18.010.


Summary Of Mcdonald V. D.P. Alexander & Las Vegas Boulevard Llc, 121 Nev. Adv. Op. 79, Anna Arroyo Jan 2005

Summary Of Mcdonald V. D.P. Alexander & Las Vegas Boulevard Llc, 121 Nev. Adv. Op. 79, Anna Arroyo

Nevada Supreme Court Summaries

The Nevada Supreme Court affirmed the district court’s holding that the purposes behind the exceptions to the one-action rule found in NRS 40.430 are to allow a sold-out junior lienholder recovery in certain situations. In particular, where the property has been automatically stayed pursuant to the bankruptcy code, the creditor is exempted from the one-action rule. Additionally, NRS 40.430(4)(j) allows a junior lienholder that is sold-out to proceed personally against the debtor instead of making futile attempts against the property. The exceptions are limited by the fact that the junior lienholder cannot have purchased the property.


Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano Jan 2004

Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano

Nevada Supreme Court Summaries

Appeal of an order granting a motion for injunctive relief.


Summary Of State, Department Of Transportation V. Cowan, 120 Nev. Adv. Op. No. 90, Beth Rosenblum Jan 2004

Summary Of State, Department Of Transportation V. Cowan, 120 Nev. Adv. Op. No. 90, Beth Rosenblum

Nevada Supreme Court Summaries

Appeal and cross-appeal from a judgment of the Eighth Judicial District Court, State of Nevada, awarding damages to the lessee of property condemned by the Nevada Department of Transportation (NDOT).


Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano Jan 2004

Summary Of Department Of Human Resources V. Ullmer, 120 Nev. Adv. Rep. 16, Mike Feliciano

Nevada Supreme Court Summaries

Appeal of an order granting a motion for injunctive relief.


Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis Aug 2003

Summary Of Keife V. Logan, 119 Nev. Adv. Op. No. 41, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, State of Nevada, finding that Defendant and underlying landowner was the rightful owner of a former railroad right-of-way under 43 U.S.C.S. §912, because the underlying landowner had purchased the underlying land and right-of-way from the railroad, which had been granted the right-of-way by the United States.


Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett Aug 2003

Summary Of Schneider V. County Of Elko, 119 Nev. Adv. Op. No. 43, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a property owner’s complaint for failure to state a claim upon which relief can be granted.


Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett Aug 2003

Summary Of Evans V. Samuels, 119 Nev. Adv. Op. No. 42, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in a quiet title action.


Summary Of Houston V. Bank Of America Federal Savings Bank, Amy A. Johnson Jan 2003

Summary Of Houston V. Bank Of America Federal Savings Bank, Amy A. Johnson

Nevada Supreme Court Summaries

Appellants Edward R. Houston and Regina Houston paid David Boone $740,000 for investment services, which Boone converted to his own use. In May 1998, Boone and his wife Donna divorced and Boone quitclaimed real property to Donna. Norwest Mortgage, Respondent Bank of America’s predecessor, held a deed of trust on the real property for $342,000. That same month, the Houstons filed a complaint against Boone to recover their $740,000. The Houstons filed a notice of lis pendens in the Clark County Recorder’s Office on June 1, 1998 and filed an ex parte motion with the district court directing the issuance …


Summary Of Huntington V. Mila, Incorporated, Amy A. Johnson Jan 2003

Summary Of Huntington V. Mila, Incorporated, Amy A. Johnson

Nevada Supreme Court Summaries

Appeal from an Eighth Judicial District Court, Las Vegas Nevada order certified as final under NRCP 54(b) granting Respondent Mila’s motion for partial summary judgment to dismiss Appellant Huntington’s third party complaint.


Summary Of Las Vegas Downtown Redev. Agency V. Pappas, Sally L. Galati Jan 2003

Summary Of Las Vegas Downtown Redev. Agency V. Pappas, Sally L. Galati

Nevada Supreme Court Summaries

In November 1985, the City of Las Vegas Downtown Redevelopment Agency (Agency) was created to evaluate and determine whether redevelopment was necessary to combat physical, social, or economic blight in various sections of the city. The Agency identified conditions in downtown Las Vegas constituting “blight” within the definition of NRS §279.388, and considered and approved a redevelopment plan (Plan) with the purpose of eliminating blight and to encourage businesses and individuals to return to a safe downtown area with adequate parking and facilities. Although the Pappases’ property was included within the Plan, no one, including the Pappases, challenged the Plan …


Summary Of Preferred Equities Corp. V. State Eng’R, James Davis Jan 2003

Summary Of Preferred Equities Corp. V. State Eng’R, James Davis

Nevada Supreme Court Summaries

Appeal from an order of the Fifth Judicial District Court, State of Nevada, denying petition for judicial review of State Engineer Ruling No. 4499. State Engineer Ruling No. 4499 rejected Petitioner’s application to change the diversion point and usage of certain water rights that they owned. Denial of application was based on mootness; applicant no longer owned water rights in question.