Reported Cases

Landowners were ordered to take permanent measures to control bamboo in area where it was currently planted proximate to neighbors’ shed

Sustaining demurrer to buyers’ counterclaim alleging real estate fraud in the inducement

Denying claim by dominant tenement for prescriptive easement upon finding that predecessors to servient tenement gave permission to dock a boat on a lake seawall

Agreed order of confirmation of sale

Order granting plaintiff’s motion seeking funds held by Clerk of Court

Each home was found to be responsible for an equal share of the costs required to maintain the driveway in issue, each home being severally and jointly responsible for the maintenance of the pipestem system and each part of the driveway constituting parts of a unified whole

Granting mortgagor’s motion to remand to Richmond Circuit Court and holding that federal preemption defense under FCRA does not establish subject matter jurisdiction

Holding transfer of inventory between two separate LLCs owned by a single individual is not fraudulent per se

Co-owner’s obligation to pay for a property is not contingent upon their occupying the property, and neither can a co-owner make the other responsible for the costs of ownership simply by moving out of a property or by occupying a less expensive property

Overruling demurrer to counterclaim for breach of new homes sales contract)

Denying borrower’s motion for reconsideration court decision to sustain lender’s demurrer and dismissing complaint with prejudice three days after filing and holding that federal HUD regulations do not create a private cause of action

Granting lender’s motion to dismiss for borrower’s failure to state a claim against lender and trustee for alleged violation of 12 U.S.C. § 2605(b)(1)-(2)