If you are unable to see this message, click here to view it in a web browser.

Justia Weekly Opinion Summaries

Zoning, Planning & Land Use
March 12, 2021

Table of Contents

Husain v. California Pacific Bank

Real Estate & Property Law, Zoning, Planning & Land Use

California Courts of Appeal

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

The Oprah Interview as a Truth Commission

LESLEY WEXLER

verdict post

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

Read More

Zoning, Planning & Land Use Opinions

Husain v. California Pacific Bank

Court: California Courts of Appeal

Docket: A159067(First Appellate District)

Opinion Date: March 9, 2021

Judge: Richman

Areas of Law: Real Estate & Property Law, Zoning, Planning & Land Use

The Willow property, south of the Apartments, contains a duplex, a concrete parking area, and a large undeveloped area in the rear. In 1964 the then-owners of both properties obtained a variance from Burlingame that allowed four off-site parking spaces for the Apartments to be located on the Willow property. They never expanded the Apartments as planned. The variance became void. The properties changed hands several times, remaining jointly owned. In 2005, both properties were acquired by Shiheiber, who allowed tenants of the Apartments to use the Willow property for access, parking, storage of garbage, and recreational purposes. In 2011, the properties ceased to be under common ownership. The Bank took title to the Apartments; Husain took title to Willow, aware that the Bank claimed a prescriptive easement. Tenants in the Apartments continued to use the Willow property. Husain sued the Bank to quiet title. The Bank cross-complained for a prescriptive easement. The trial court entered judgment for the Bank. The court of appeal affirmed, rejecting an argument that the use of the Willow property was permissive. The Bank never requested or received permission to use the Willow property, and simply used the property in a manner that was open, notorious, continuous, and hostile for more than five years.

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Weekly Opinion Summaries is a free service, with 63 different newsletters, each covering a different practice area.

Justia also provides 68 daily jurisdictional newsletters, covering every federal appellate court and the highest courts of all US states.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043