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Case Citations [1] (Spring 2024)

handle is hein.ali/relwprpty0266 and id is 1 raw text is: THE AMERICAN
LAW INSTITUTE
Spring 2024 Citations
PROPERTY
DIVISION 1. INTRODUCTION
CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS
§ 7. Possessory Interests in Land
Ga.2023. Cit. and quot. in sup., com. (b) quot. in sup. Renters who lived in an extended-stay motel for
months or years sued owner of the motel after they fell behind on rent and were threatened with
immediate eviction, claiming that they could not be evicted without dispossessory proceedings because
they were in a landlord-tenant relationship with owner. The trial court granted plaintiffs' motion for a
permanent injunction prohibiting defendant from evicting plaintiffs without dispossessory proceedings.
The court of appeals affirmed. This court reversed and remanded for the trial court to determine whether
a landlord-tenant relationship existed between the parties. The court cited Restatement of Property § 7 in
reasoning, in part, that, even without an express agreement, the parties' intent to transfer the right of
possession could be discerned through evidence that plaintiffs were in actual possession of the property
in question with defendant's consent. Efficiency Lodge, Inc. v. Neason, 889 S.E.2d 789, 797.
Idaho 2023. Quot. in case quot. in sup. Patrons of concert, who were denied entry into multi-day-music
concert series because they openly carried or possessed firearms, sued music festival and city, seeking,
among other things, injunctive relief prohibiting festival and city from violating federal and state laws
securing individual rights to keep and bear arms in public. This court affirmed, holding that festival, as a
private tenant who was leased park premises from city to host the music concert, had full authority to
govern and set limits on who could enter the park during the music concert and what could be brought
into the concert. The court cited Restatement First of Property § 7 in explaining that the lease granted
possessory interests in the city park to music festival, which included the authority to exercise control
over the park so as to exclude patrons. Herndon v. City of Sandpoint, 531 P.3d 1125, 1140.
DIVISION 2. FREEHOLD ESTATES
CHAPTER 2. DEFINITION OF TERMS RELATING TO ESTATES
COPYRIGHT (2024 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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