About This Blog
Welcome to the Snell & Wilmer real estate litigation blog. Check back here often for useful news and information about current topics involving real estate litigation. We hope that you will find the blog both timely and helpful, and we invite you to join the discussion by posting comments about the articles and contacting the authors with your thoughts about the posts.
Real Estate Litigation Group Members and Blog Contributors
- Arizona Supreme Court to Contractor: Sorry But Equitable Subrogation of a Bank’s Later Deed of Trust Trumps Earlier Mechanics’ Lien Rights
- Nevada Supreme Court Clarifies Mechanic and Materialman Lien Issues
- A Subsequent Developer has no Ability to Force a Public Body to Call an Abandoning Developer’s Performance Bonds for Infrastructure Improvements.
- Colorado Supreme Court Revisits Rule Against Perpetuities
- Full Credit Bid Rule Bars Recovery for Wrongfully Enjoined Lender
- Anti-deficiency Statute
- Commercial Real Estate Industry
- Construction and Development
- Guaranty Contracts
- Real Estate and Bankruptcy
- Real Estate Appraiser Litigation
- Real Estate Broker Litigation
- Real Estate Purchase/Sale Transaction Litigation
- Real Estate Receivers
- Statutes Affecting Real Estate
- Title Insurance
By: Cory L. Braddock
The Arizona Court of Appeals recent decision in Cook v. Town of Pinetop-Lakeside, 661 Ariz. Adv. Rep. 31 (App, May 28, 2013) reiterated its forty-three year old holding in City of Tucson v. Morgan, 13 Ariz. App. 193, 195, 475 P.2d 285, 287 (App. 1970) and held that “the statute of limitations does not run against a plaintiff in possession who brings a quiet title action purely to remove a cloud on the title to his property.”
In 2001, Jerry Cook asked the town of Pinetop-Lakeside (the “Town”) to abandon a public right-of-way to him because the right-of-way was no longer needed for public use. The Town council agreed and passed a resolution abandoning the right-of-way to Cook. In 2007, Cook’s neighbor, Cletis Heffel, filed a complaint with the Town because his own property purportedly became landlocked by the Town’s abandonment of the public right-of-way. The Town held two public meetings to discuss how to resolve the issue; Cook attended each meeting. The Town ultimately passed a resolution rescinding the 2001 abandonment of the public right-of-way with Cook in the audience. In October 2007, the Town recorded its resolution with the Navajo County Recorder’s Office.
Share this Article: