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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/retprtys0264 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations PROPERTY 3D (SERVITUDES) Generally Ind.App.2022. Cit. generally in disc. Property owners' association sued property owner, alleging that defendant violated the terms of the declaration of covenants, conditions, and restrictions burdening the parties' subdivision. The trial court, among other things, entered judgment for defendant. This court affirmed in part on other grounds, holding that the trial court did not err in finding that plaintiff was a validly formed association under the terms of the declaration, because the subdivision developer validly transferred his power to form such an association to the predecessor-in-interest of the entity that formed plaintiff. The court noted that it was unnecessary to resolve plaintiff's assertion that, under the Restatement Third of Property: Servitudes, property owners could form an association pursuant to the declaration of covenants where the declaration gave power to a developer to create an association but the developer failed to do so. Geist Lake Forest Property Owners' Association, Inc. v. Taso's Toys, LLC, 190 N.E.3d 372, 379. CHAPTER 1. DEFINITIONS § 1.1 Servitude Defined; Scope of Restatement Tex.App.2022. Quot. in sup. Purchaser of real property brought an action for a declaratory judgment against sellers, alleging that a purchase option in the parties' purchase agreement, under which defendants' option to repurchase the property for the original sale price would not expire for 100 years, was void. The trial court entered judgment for plaintiff. This court affirmed, holding, inter alia, that the purchase option was illegal as an unreasonable restraint on alienation, because the option would not expire for a century, it bound the parties' successors, heirs, and assigns, and it allowed defendants to repurchase the property for far below its current market value. The court noted that the option was a servitude, as defined by Restatement Third of Property: Servitudes § 1.1, and was subject to public- policy considerations against restrictions on alienation. Tiner v. Johnson, 647 S.W.3d 103, 109. § 1.2 Easement and Profit Defined C.A.3, 2022. Cit. in conc. op. Investors who purchased properties in order to operate short-term rental businesses using online home-sharing platforms filed a complaint against city after it passed a zoning ordinance that imposed restrictions on, among other things, the number of days a property could be rented on a short-term basis per year, seeking a declaratory judgment that the ordinance was COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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