Property Brief Britton v. Town of Chester Procedural History: Trial court ruled the ordinance to be unconstitutional in favor of Britton. Appealed. Affirmed in part and reversed in part. Facts: Most of the available housing stock in the town of Chester is single family homes. It is known as a ‘bedroom’ community and most people [...]

Property Brief City of Cleburne v. Cleburne Living Center, Inc. Procedural History: City denied a special use permit for the operation of a group home for the mentally retarded. Court of appeals stated that it violated the equal protection act. Ruled for Living Center. Affirmed that ordinance is invalid. Facts: 1980, Hannah purchased a building [...]

Property Brief Moore v. City of East Cleveland Procedural History: Lower court overruled Moore’s motion and convicted. Appealed. Affirmed. Appealed. Reversed for Moore. Facts: East Cleveland’s housing ordinance limits occupancy of a dwelling to members of a single family. Ordinance however contains an unusual provision. Recognizes family as only a few individuals. Moore lives in [...]

Property Brief Village of Belle Terre v. Boraas Procedural History: District Court held the ordinance constitutional. Court of Appeals Reversed, found unconstitutional. Appealed. Reversed, found constitutional. Facts: Appellees are owners of a house in the village and leased it in December of 1971 to Truman. The land use is restricted to one family dwelling excluding [...]

Property Brief Village of Arlington Heights v. Metropolitan Housing Developments Corp. Procedural History: District court for the Village. Appealed. Reversed for Metro Appealed. Reversed for Village. Facts: 1971, Metro applied to the Village for the rezoning of a 15 acre parcel from single family to multiple family classification. Metro planned to build 190 clustered townhouse [...]

Property Brief Dolan v. City of Tigard Procedural History: Circuit Court for City Appealed Affirmed Appealed Oregon Supreme Court holds for City. Appealed. Reversed and Remanded. Facts: Dolan owns a plumbing and electric supply store in the Central Business District of the city. Fanno Creek flows through the southwestern corner of the lot and along [...]

Property Brief Nollan v. California Coastal Commission Procedural History: California Court rejected claim of a violation of the fifth amendment. Ruled for Commission. Appealed by Nollan. Reversed for Nollan. Facts: Nollans own a beachfront lot in Ventura, CA. There was originally a smaller bungalow on the property. Nollans wanted to demolish the worn down bungalow [...]

Properties Brief Bridges v. Hawkesworth Procedural History: Brought in front of Westminster County Court Plaintiff Appeals Facts: P was leaving the shop owned by D. Found a parcel which was lying on the floor of D shop. The contents of the box were a stack of bank notes. P requests for D to hold on [...]

Property Brief Aquarian Foundation, Inc. v. Sholom House, Inc. Procedural History: Trial court, after a non-jury trial, found that Albares had violated the declaration of condominiums, thus triggering the reverter clause. Appealed. Reversed. Facts: Bertha Albares, a member of the board of directors, sold her cono unit to the Aquarian Foundation, Inc without obtaining consent. [...]

Properties Brief Anderson v. Gouldberg Procedural History: Jury finds for Plaintiff. Defendant request new trial. Denied. (Gouldberg) Defendants Appeal. Facts: P claims to have cut 93 pine logs in section 22 in the winter of 1889-1890. P claims to have hauled them to a mill on section 6. This is the spot where the D [...]