The Court of Appeals of Kentucky reversed the lower court's judgment that had upheld the denial of Paul M. Smith's right to continue a nonconforming use of his property under the city's zoning ordinance. The Court found that Smith had not abandoned the nonconforming use through periods of non-use or changes in lessees. The Court also found that a letter Smith had sent requesting permission to lease to a new company did not estop him from continuing the nonconforming use, as the elements of equitable estoppel were not met. The city ordinance improperly limited the rights conferred by state statute regarding continuation and change of nonconforming uses.
This document summarizes a court case between Thomas Hobbs and his neighbor Lucille Markey regarding Hobbs' application to convert his commercial greenhouse into a gasoline filling station. The board of adjustment had approved Hobbs' application, but the circuit court set aside the board's order. The court here affirms the circuit court's decision, finding that a recent amendment to the zoning statute prohibiting changes from one nonconforming use to another applied in this case and prevented Hobbs' proposed conversion. The court rejects Hobbs' various arguments that he had acquired vested rights or that the amendment constituted improper special legislation.
The document discusses four cases related to temporary occupation licenses (TOL) under Malaysian land law:
1) Mohamed v Kunji Mohidin - A holder of a TOL to pluck coconuts was awarded damages after another licensee cut down trees on the land.
2) Julaika Bivi v Mydin - A TOL holder can bring an ejectment action against a trespasser occupying part of a house on the licensed land.
3) Hee Cheng v Krishnan - An attempted sale of rights under a TOL was deemed unlawful under the Contracts Ordinance.
4) Paruvathy d/o Murugiah v Krishnan - The principle
This document is a Supreme Court of India case summary. [1] It involves an appeal by the Salkia Businessmen's Association regarding displacement from their businesses for a flyover construction project. [2] A prior court order had disposed of the case based on a settlement agreement between the parties, which included providing alternative accommodations. [3] However, the authorities did not fully comply and proposed alternate terms, so the Association appealed again seeking enforcement of the original order terms. The Supreme Court allows the appeal, finding that the High Court failed to properly enforce its own prior orders binding the parties.
This ordinance establishes procedures for removing and disposing of personal property stored on public property in Honolulu without authorization. It defines stored property and allows its impoundment if not removed within 24 hours of notice. The ordinance requires notice be provided to owners of impounded property and establishes procedures for storage, sale or disposal of unclaimed impounded property. It repeals the previous ordinance on abandoned property stored in city parks.
The document discusses the Indian Easement Act of 1882 and provides definitions and examples of easements. It also discusses different types of easements, how they can be acquired or imposed, and factors that can lead to the suspension of an easement. Some key points include:
- An easement is a non-possessory right to use or enter onto another's land for beneficial use and enjoyment without possessing it, such as for access.
- Easements can be acquired through grant, necessity, or prescription over many years of open and continuous use.
- Types of easements include utility, private, prescriptive, and public easements.
- An easement can be suspended if both parties
The document defines and discusses different types of easements and licenses related to land ownership. It covers:
1) An easement is a right to use another's land for a specific purpose. Easements can be continuous or discontinuous, apparent or non-apparent.
2) An easement can be extinguished, or ended, in several ways, including by release or revocation by the landowner, expiration of time limits, or non-use for 20 years.
3) A license is permission to do something that would otherwise be unlawful, but does not transfer ownership rights. Licenses can be revoked by the grantor unless work was done or expenses incurred in reliance on the license.
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005chithra venkatesan
This document is a Supreme Court of India case summary from 2005 regarding a property dispute between Popat and Kotecha Property and the State Bank of India Staff Association. The key details are:
1) Popat and Kotecha Property built a property for the State Bank of India Staff Association in 1983 per an agreement. The agreement stated Popat would receive a lease for certain floors once construction was complete.
2) Construction finished in 1984 but the lease was never executed. Popat sued in 1990 seeking execution of the lease or damages.
3) The trial court dismissed a motion to reject the suit as barred by limitation period but the High Court overturned this, finding the suit was outside the limitation period.
This document summarizes the transfer of ownership of Flat No. 601 in Building A-6 of Camelot Township in Pune from Mrs. Bina Ashok Samant to Mr. Suraj Krishna L.K. The flat measures 1255 square feet (116.63 square meters) and includes a terrace and car parking. Mrs. Samant confirms she owns the flat and is transferring all rights and interest to Mr. Suraj for Rs. 57,50,000, which has been paid in full. Possession of the flat is also handed over.
This document summarizes a court case between Thomas Hobbs and his neighbor Lucille Markey regarding Hobbs' application to convert his commercial greenhouse into a gasoline filling station. The board of adjustment had approved Hobbs' application, but the circuit court set aside the board's order. The court here affirms the circuit court's decision, finding that a recent amendment to the zoning statute prohibiting changes from one nonconforming use to another applied in this case and prevented Hobbs' proposed conversion. The court rejects Hobbs' various arguments that he had acquired vested rights or that the amendment constituted improper special legislation.
The document discusses four cases related to temporary occupation licenses (TOL) under Malaysian land law:
1) Mohamed v Kunji Mohidin - A holder of a TOL to pluck coconuts was awarded damages after another licensee cut down trees on the land.
2) Julaika Bivi v Mydin - A TOL holder can bring an ejectment action against a trespasser occupying part of a house on the licensed land.
3) Hee Cheng v Krishnan - An attempted sale of rights under a TOL was deemed unlawful under the Contracts Ordinance.
4) Paruvathy d/o Murugiah v Krishnan - The principle
This document is a Supreme Court of India case summary. [1] It involves an appeal by the Salkia Businessmen's Association regarding displacement from their businesses for a flyover construction project. [2] A prior court order had disposed of the case based on a settlement agreement between the parties, which included providing alternative accommodations. [3] However, the authorities did not fully comply and proposed alternate terms, so the Association appealed again seeking enforcement of the original order terms. The Supreme Court allows the appeal, finding that the High Court failed to properly enforce its own prior orders binding the parties.
This ordinance establishes procedures for removing and disposing of personal property stored on public property in Honolulu without authorization. It defines stored property and allows its impoundment if not removed within 24 hours of notice. The ordinance requires notice be provided to owners of impounded property and establishes procedures for storage, sale or disposal of unclaimed impounded property. It repeals the previous ordinance on abandoned property stored in city parks.
The document discusses the Indian Easement Act of 1882 and provides definitions and examples of easements. It also discusses different types of easements, how they can be acquired or imposed, and factors that can lead to the suspension of an easement. Some key points include:
- An easement is a non-possessory right to use or enter onto another's land for beneficial use and enjoyment without possessing it, such as for access.
- Easements can be acquired through grant, necessity, or prescription over many years of open and continuous use.
- Types of easements include utility, private, prescriptive, and public easements.
- An easement can be suspended if both parties
The document defines and discusses different types of easements and licenses related to land ownership. It covers:
1) An easement is a right to use another's land for a specific purpose. Easements can be continuous or discontinuous, apparent or non-apparent.
2) An easement can be extinguished, or ended, in several ways, including by release or revocation by the landowner, expiration of time limits, or non-use for 20 years.
3) A license is permission to do something that would otherwise be unlawful, but does not transfer ownership rights. Licenses can be revoked by the grantor unless work was done or expenses incurred in reliance on the license.
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005chithra venkatesan
This document is a Supreme Court of India case summary from 2005 regarding a property dispute between Popat and Kotecha Property and the State Bank of India Staff Association. The key details are:
1) Popat and Kotecha Property built a property for the State Bank of India Staff Association in 1983 per an agreement. The agreement stated Popat would receive a lease for certain floors once construction was complete.
2) Construction finished in 1984 but the lease was never executed. Popat sued in 1990 seeking execution of the lease or damages.
3) The trial court dismissed a motion to reject the suit as barred by limitation period but the High Court overturned this, finding the suit was outside the limitation period.
This document summarizes the transfer of ownership of Flat No. 601 in Building A-6 of Camelot Township in Pune from Mrs. Bina Ashok Samant to Mr. Suraj Krishna L.K. The flat measures 1255 square feet (116.63 square meters) and includes a terrace and car parking. Mrs. Samant confirms she owns the flat and is transferring all rights and interest to Mr. Suraj for Rs. 57,50,000, which has been paid in full. Possession of the flat is also handed over.
The document summarizes a court case between R.K. Kempraj and Messrs Barton Son & Co. regarding the renewal of a lease. It discusses the following key points:
- Kempraj entered into a 10-year lease in 1951 for a property in Bangalore that included an option to renew the lease indefinitely.
- The issue is whether this option violates the rule against perpetuities by potentially lasting forever.
- The document analyzes the lease terms, the rule against perpetuities, and determines Kempraj's interest is contingent on renewing every 10 years, not a vested permanent interest.
- The court ultimately dismissed the appeal and found the rule against perpetuities did not
This document summarizes the background of a civil case between Madasama Goodway Sdn Bhd and Lim Eng Huat regarding the sale of a property. Key points:
- Lim Eng Huat had rented a property from Madasama and wanted to purchase it after a fire damaged the building. They signed an agreement on July 19, 2002 for RM270,000.
- Lim paid a deposit and took steps to obtain financing, but Madasama refused to complete the sale. Lim filed a lawsuit seeking specific performance of the agreement.
- The High Court ruled in Lim's favor, but Madasama appealed. The document outlines the claims and evidence presented by both sides regarding whether the agreement was
This document discusses concepts of land ownership under Malaysian law. It defines land and discusses the law of fixtures, distinguishing between fixtures and chattels. The key tests for whether an item is a fixture or chattel are the intention of permanent attachment and purpose of attachment. Exceptions to the general rule that fixtures become part of the land are also outlined. The document also examines the extent of land ownership rights, including rights to the airspace, subsurface areas, foreshore areas, and rights to support from adjoining lands.
This document outlines the respondent's written submission in response to an appeal filed by the appellants against a High Court decision in favor of the respondent's winding up petition against the 1st appellant company. The respondent argues that the appeal is not valid for two reasons: 1) The company is already wound up so the 2nd appellant does not have authority to file the appeal on the company's behalf. 2) The appellants' affidavit in opposition to the winding up petition was filed late in contravention of mandatory timelines in the Companies Winding Up Rules, so it should be considered inadmissible. The respondent cites several court cases to support the argument that late filing of affidavits cannot be allowed as it violates mandatory requirements.
Ll1 slides extent of ownership and enjoyment of land part 1xareejx
This document discusses the extent of ownership and enjoyment of land under common law and the National Land Code (NLC) in Malaysia. It covers three key points:
1. Under common law and the NLC, a landowner has exclusive rights to the airspace above and land below their property, as well as the right to support from adjacent land. However, these rights are not absolute and are subject to limitations by law.
2. Case law examples show landowners can sue for trespass if these rights are unlawfully interfered with, such as by another building encroaching into the airspace. However, overflying aircraft is usually allowed as long as it is at a reasonable height.
3
This document provides an overview of the Land Act of Kenya from 2012. It begins with a short title and definitions of key terms related to land administration and management. It then outlines 12 parts that will be covered in the full Act, including management of public land, administration of public land, community land, administration of private land, general provisions on leases, transfers and assignments of leases, remedies and relief, general provisions on charges, compulsory acquisition of land, settlement programs, easements and analogous rights, and miscellaneous provisions.
The appellant appealed the dismissal of his case challenging the sale of his property by the bank after he defaulted on his loan. The court found that:
1) The mortgage agreement was not a simple mortgage as it allowed the bank to sell the property without court intervention if the loan was not repaid.
2) Notice of the sale was properly served on the appellant as required by the mortgage agreement.
3) The bank made a lawful demand for repayment after the appellant defaulted, entitling them to sell the property, which was then sold in a public auction.
The court dismissed the appeal finding the sale of the property by the bank was valid.
This document provides the contents of the Transfer of Property Act of 1882 in India. Some key points:
- It defines terms related to the transfer of property by parties such as "transfer", "mortgage", and establishes rights and liabilities of transferors and transferees.
- It covers different types of property transfers including sale, mortgage, lease, exchange and gifts. It also discusses conditional transfers, mortgages, rights of mortgagees and mortgagors.
- It establishes rules regarding priority of rights created by transfer, liability of transferees, discharge of property encumbrances on sale, suits for foreclosure and redemption.
This rental agreement is between an owner and tenant for a period of 11 months beginning April 1st, 2013. The tenant paid a security deposit of Rs. 50,000 and agrees to pay a monthly rent of Rs. 7,500 by the 5th of each month. The agreement outlines policies regarding notice for vacating, rent payments, utilities, repairs, and termination of the lease.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The Louisville Metro Board of Zoning Adjustment held a meeting on March 21, 2011 to consider an appeal regarding non-conforming rights for five apartments at 224 East Oak Street. The appellant, a neighbor, claimed the rights were abandoned when the building sat vacant for over a year. Testimony was provided by the property owner's representative, the bank that foreclosed on the property, interested parties, and the appellant. The Board decided to continue the hearing to allow more time to review documents and subpoena additional records and testimony regarding ownership history and utility service.
The document summarizes minutes from a Board of Zoning Adjustment meeting regarding an appeal of a determination concerning non-conforming rights for a structure located at 224 East Oak Street in Louisville, Kentucky. Witnesses provided testimony both opposing and supporting the appeal, including the previous owner, current owner, neighbors, and officials from Louisville Metro codes and regulations and utilities departments. The board members considered testimony regarding the property's occupancy history, maintenance issues, tax status, and whether the prior owner abandoned the non-conforming use rights as a 5-unit property under the zoning code.
This document summarizes a 1995 Kentucky Court of Appeals case regarding David and Paula Taylor's challenge to the approval of the division of a neighboring property into two lots smaller than allowed by zoning ordinances, and the granting of permits to build on those lots. The court dismissed the Taylors' complaint as untimely, but the Taylors argued on appeal that the planning commission's approval was not valid due to lack of proper notice. The court examined relevant statutes and precedent to determine whether the commission's action was still valid despite procedural errors, and if the Taylors' complaint should be reinstated.
This document summarizes an American court case from 1964 regarding zoning regulations. It discusses how a lower court upheld a zoning commission's denial of a request to rezone a property from residential to commercial. On appeal, the higher court found that a state law requiring the circuit court to have a "de novo" trial on appeals from zoning commissions was unconstitutional as it imposed a non-judicial administrative function on the courts. The court determined zoning decisions should be left to administrative bodies rather than tried independently by courts.
29 Warren Buffett Quotes on Investing & SuccessPhil Town
This document contains various quotes from Warren Buffett on investing and business. Some of the key ideas expressed are: only invest in businesses you understand and would be willing to hold for 10 years; it is better to invest in a wonderful business at a fair price than a fair business at a wonderful price; and the most important investment you can make is in yourself through self-improvement and learning. The quotes provide advice and wisdom from Buffett on developing good long-term investment strategies and business philosophies.
This document summarizes a 1962 Kentucky Court of Appeals case regarding a request for a permit to operate a coin-operated laundry in a residential district that would require a variance from an existing nonconforming use. The court ruled that the prior nonconforming use of the property as a grocery store had been abandoned for over 5 years, so the right to the nonconforming use was lost. The acts of the property owners in ceasing grocery operations and the long period of non-use showed an intention to abandon the nonconforming use.
This case involves a dispute over whether a hotel property's nonconforming use status under zoning laws had been abandoned. The local board of adjustments found that the long-disused hotel's nonconforming use as a hotel had not been abandoned because the owners had attempted to sell the property as a hotel. However, the circuit court reversed, finding abandonment had occurred. The appellate court affirmed, finding that while the sale attempt rebutted the presumption of abandonment from the long disuse, the overall record compelled a finding that the owners intended to abandon the nonconforming use.
This case involves a dispute over whether a nonconforming hotel use was abandoned under the city's zoning ordinance. The owners wanted to convert the hotel into offices. A neighbor argued the hotel use was abandoned due to years of non-use. The board found no abandonment since the owners tried to sell the property as a hotel. The court reversed, finding the record showed an intent to discontinue the hotel use based on years of non-use and no explanation for it. The appellate court affirmed, as the record did not show efforts to continue the hotel use or find an acceptable substitute use during the long period of non-use.
1. The case involved a dispute over whether Nugent Sand Company's sand and gravel mining operations on 227 acres of land it owned constituted a legal nonconforming use under the county's zoning ordinance, which zoned the land for residential and agricultural uses.
2. The county Board of Adjustments ruled that the entire 227 acres was a legal nonconforming use because Nugent owned and had a mining permit for the entire acreage before the zoning ordinance took effect.
3. On appeal, the circuit court affirmed the Board's decision. This appeal followed to determine whether only the land actively mined when the ordinance took effect could be considered a nonconforming use.
The court upheld the trial court's ruling that the defendants' landscaping business constituted a nuisance and ordered it enclosed by a fence. It also upheld restricting the defendants' junkyard business to a certain portion of their property, finding they had expanded the nonconforming use beyond what existed when zoning ordinances were established. Finally, it agreed the defendants' used car business had been abandoned as a nonconforming use. The court affirmed nonconforming uses cannot be expanded and must be restricted to the area and nature that was nonconforming at the time of ordinances' passage.
The document provides summaries of several Massachusetts case law decisions related to planning and zoning. The key cases discussed include:
- Collings v. Planning Board of Stow: The planning board could not require an applicant to convey land to the town as a condition of subdivision approval without just compensation.
- Kenner v. Zoning Board of Appeals of Chatham: Abutters did not have standing to challenge a project based solely on impacts to their private ocean views, as the zoning law addressed impacts to the neighborhood visual character.
- Marhefka v. Zoning Board of Appeals of Sutton: Abutters had standing to challenge a project that would increase density and violate zoning provisions related to maintaining a
The document summarizes a court case between R.K. Kempraj and Messrs Barton Son & Co. regarding the renewal of a lease. It discusses the following key points:
- Kempraj entered into a 10-year lease in 1951 for a property in Bangalore that included an option to renew the lease indefinitely.
- The issue is whether this option violates the rule against perpetuities by potentially lasting forever.
- The document analyzes the lease terms, the rule against perpetuities, and determines Kempraj's interest is contingent on renewing every 10 years, not a vested permanent interest.
- The court ultimately dismissed the appeal and found the rule against perpetuities did not
This document summarizes the background of a civil case between Madasama Goodway Sdn Bhd and Lim Eng Huat regarding the sale of a property. Key points:
- Lim Eng Huat had rented a property from Madasama and wanted to purchase it after a fire damaged the building. They signed an agreement on July 19, 2002 for RM270,000.
- Lim paid a deposit and took steps to obtain financing, but Madasama refused to complete the sale. Lim filed a lawsuit seeking specific performance of the agreement.
- The High Court ruled in Lim's favor, but Madasama appealed. The document outlines the claims and evidence presented by both sides regarding whether the agreement was
This document discusses concepts of land ownership under Malaysian law. It defines land and discusses the law of fixtures, distinguishing between fixtures and chattels. The key tests for whether an item is a fixture or chattel are the intention of permanent attachment and purpose of attachment. Exceptions to the general rule that fixtures become part of the land are also outlined. The document also examines the extent of land ownership rights, including rights to the airspace, subsurface areas, foreshore areas, and rights to support from adjoining lands.
This document outlines the respondent's written submission in response to an appeal filed by the appellants against a High Court decision in favor of the respondent's winding up petition against the 1st appellant company. The respondent argues that the appeal is not valid for two reasons: 1) The company is already wound up so the 2nd appellant does not have authority to file the appeal on the company's behalf. 2) The appellants' affidavit in opposition to the winding up petition was filed late in contravention of mandatory timelines in the Companies Winding Up Rules, so it should be considered inadmissible. The respondent cites several court cases to support the argument that late filing of affidavits cannot be allowed as it violates mandatory requirements.
Ll1 slides extent of ownership and enjoyment of land part 1xareejx
This document discusses the extent of ownership and enjoyment of land under common law and the National Land Code (NLC) in Malaysia. It covers three key points:
1. Under common law and the NLC, a landowner has exclusive rights to the airspace above and land below their property, as well as the right to support from adjacent land. However, these rights are not absolute and are subject to limitations by law.
2. Case law examples show landowners can sue for trespass if these rights are unlawfully interfered with, such as by another building encroaching into the airspace. However, overflying aircraft is usually allowed as long as it is at a reasonable height.
3
This document provides an overview of the Land Act of Kenya from 2012. It begins with a short title and definitions of key terms related to land administration and management. It then outlines 12 parts that will be covered in the full Act, including management of public land, administration of public land, community land, administration of private land, general provisions on leases, transfers and assignments of leases, remedies and relief, general provisions on charges, compulsory acquisition of land, settlement programs, easements and analogous rights, and miscellaneous provisions.
The appellant appealed the dismissal of his case challenging the sale of his property by the bank after he defaulted on his loan. The court found that:
1) The mortgage agreement was not a simple mortgage as it allowed the bank to sell the property without court intervention if the loan was not repaid.
2) Notice of the sale was properly served on the appellant as required by the mortgage agreement.
3) The bank made a lawful demand for repayment after the appellant defaulted, entitling them to sell the property, which was then sold in a public auction.
The court dismissed the appeal finding the sale of the property by the bank was valid.
This document provides the contents of the Transfer of Property Act of 1882 in India. Some key points:
- It defines terms related to the transfer of property by parties such as "transfer", "mortgage", and establishes rights and liabilities of transferors and transferees.
- It covers different types of property transfers including sale, mortgage, lease, exchange and gifts. It also discusses conditional transfers, mortgages, rights of mortgagees and mortgagors.
- It establishes rules regarding priority of rights created by transfer, liability of transferees, discharge of property encumbrances on sale, suits for foreclosure and redemption.
This rental agreement is between an owner and tenant for a period of 11 months beginning April 1st, 2013. The tenant paid a security deposit of Rs. 50,000 and agrees to pay a monthly rent of Rs. 7,500 by the 5th of each month. The agreement outlines policies regarding notice for vacating, rent payments, utilities, repairs, and termination of the lease.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The Louisville Metro Board of Zoning Adjustment held a meeting on March 21, 2011 to consider an appeal regarding non-conforming rights for five apartments at 224 East Oak Street. The appellant, a neighbor, claimed the rights were abandoned when the building sat vacant for over a year. Testimony was provided by the property owner's representative, the bank that foreclosed on the property, interested parties, and the appellant. The Board decided to continue the hearing to allow more time to review documents and subpoena additional records and testimony regarding ownership history and utility service.
The document summarizes minutes from a Board of Zoning Adjustment meeting regarding an appeal of a determination concerning non-conforming rights for a structure located at 224 East Oak Street in Louisville, Kentucky. Witnesses provided testimony both opposing and supporting the appeal, including the previous owner, current owner, neighbors, and officials from Louisville Metro codes and regulations and utilities departments. The board members considered testimony regarding the property's occupancy history, maintenance issues, tax status, and whether the prior owner abandoned the non-conforming use rights as a 5-unit property under the zoning code.
This document summarizes a 1995 Kentucky Court of Appeals case regarding David and Paula Taylor's challenge to the approval of the division of a neighboring property into two lots smaller than allowed by zoning ordinances, and the granting of permits to build on those lots. The court dismissed the Taylors' complaint as untimely, but the Taylors argued on appeal that the planning commission's approval was not valid due to lack of proper notice. The court examined relevant statutes and precedent to determine whether the commission's action was still valid despite procedural errors, and if the Taylors' complaint should be reinstated.
This document summarizes an American court case from 1964 regarding zoning regulations. It discusses how a lower court upheld a zoning commission's denial of a request to rezone a property from residential to commercial. On appeal, the higher court found that a state law requiring the circuit court to have a "de novo" trial on appeals from zoning commissions was unconstitutional as it imposed a non-judicial administrative function on the courts. The court determined zoning decisions should be left to administrative bodies rather than tried independently by courts.
29 Warren Buffett Quotes on Investing & SuccessPhil Town
This document contains various quotes from Warren Buffett on investing and business. Some of the key ideas expressed are: only invest in businesses you understand and would be willing to hold for 10 years; it is better to invest in a wonderful business at a fair price than a fair business at a wonderful price; and the most important investment you can make is in yourself through self-improvement and learning. The quotes provide advice and wisdom from Buffett on developing good long-term investment strategies and business philosophies.
This document summarizes a 1962 Kentucky Court of Appeals case regarding a request for a permit to operate a coin-operated laundry in a residential district that would require a variance from an existing nonconforming use. The court ruled that the prior nonconforming use of the property as a grocery store had been abandoned for over 5 years, so the right to the nonconforming use was lost. The acts of the property owners in ceasing grocery operations and the long period of non-use showed an intention to abandon the nonconforming use.
This case involves a dispute over whether a hotel property's nonconforming use status under zoning laws had been abandoned. The local board of adjustments found that the long-disused hotel's nonconforming use as a hotel had not been abandoned because the owners had attempted to sell the property as a hotel. However, the circuit court reversed, finding abandonment had occurred. The appellate court affirmed, finding that while the sale attempt rebutted the presumption of abandonment from the long disuse, the overall record compelled a finding that the owners intended to abandon the nonconforming use.
This case involves a dispute over whether a nonconforming hotel use was abandoned under the city's zoning ordinance. The owners wanted to convert the hotel into offices. A neighbor argued the hotel use was abandoned due to years of non-use. The board found no abandonment since the owners tried to sell the property as a hotel. The court reversed, finding the record showed an intent to discontinue the hotel use based on years of non-use and no explanation for it. The appellate court affirmed, as the record did not show efforts to continue the hotel use or find an acceptable substitute use during the long period of non-use.
1. The case involved a dispute over whether Nugent Sand Company's sand and gravel mining operations on 227 acres of land it owned constituted a legal nonconforming use under the county's zoning ordinance, which zoned the land for residential and agricultural uses.
2. The county Board of Adjustments ruled that the entire 227 acres was a legal nonconforming use because Nugent owned and had a mining permit for the entire acreage before the zoning ordinance took effect.
3. On appeal, the circuit court affirmed the Board's decision. This appeal followed to determine whether only the land actively mined when the ordinance took effect could be considered a nonconforming use.
The court upheld the trial court's ruling that the defendants' landscaping business constituted a nuisance and ordered it enclosed by a fence. It also upheld restricting the defendants' junkyard business to a certain portion of their property, finding they had expanded the nonconforming use beyond what existed when zoning ordinances were established. Finally, it agreed the defendants' used car business had been abandoned as a nonconforming use. The court affirmed nonconforming uses cannot be expanded and must be restricted to the area and nature that was nonconforming at the time of ordinances' passage.
The document provides summaries of several Massachusetts case law decisions related to planning and zoning. The key cases discussed include:
- Collings v. Planning Board of Stow: The planning board could not require an applicant to convey land to the town as a condition of subdivision approval without just compensation.
- Kenner v. Zoning Board of Appeals of Chatham: Abutters did not have standing to challenge a project based solely on impacts to their private ocean views, as the zoning law addressed impacts to the neighborhood visual character.
- Marhefka v. Zoning Board of Appeals of Sutton: Abutters had standing to challenge a project that would increase density and violate zoning provisions related to maintaining a
This document summarizes a court case between Vinay Kumar Singh and the Kolkata Port Trust regarding renewal of a lease. The key details are:
1. Vinay Kumar Singh had a 30-year lease with Kolkata Port Trust that expired in 2002. Singh requested renewal of the lease for 99 years.
2. Kolkata Port Trust issued a quit notice to Singh in 2007, claiming he had sublet the property and made unauthorized constructions.
3. Singh filed a writ petition challenging the quit notice and requesting a direction to renew the lease for 99 years. Kolkata Port Trust argued there was no concluded agreement for lease renewal.
4. The court examined communications between the parties
This document is the defendants' closing argument in response to the plaintiffs' closing argument regarding trust documents presented in a real estate dispute. It argues that the plaintiffs' claims of fraudulent conduct by the defendant are unsupported and illogical. It asserts that the trust documents in question have no relevance to the legal issues being tried, which involve the interpretation of purchase and sale agreements for two properties. The defendant argues that the plaintiffs have presented no valid legal basis to rescind the agreements and that the evidence shows the plaintiffs were unable to complete the purchase for financial reasons.
This document discusses different types of easements under Philippine law. It defines an easement as an encumbrance on an immovable property for the benefit of another property or person. The document distinguishes between easements and servitudes, leases, usufructs, and other related concepts. It describes the parties involved in an easement as the dominant and servient estates. It also outlines the rights and obligations of the owners of these estates, and discusses how easements can be acquired, extinguished, and their various types like easements of right of way, party walls, light and view, and drainage.
1) The plaintiff sued the defendant tenant for ejectment from residential premises on the ground of reasonable requirement, after giving 6 months notice of termination. However, the Rent Act requires 1 year's notice for termination in such cases.
2) The District Court granted relief to the plaintiff but deferred the writ of possession by 6 months. The defendant appealed.
3) The Court of Appeal held that failure to give the required 1 year notice before filing the case disentitles the plaintiff from maintaining the action for ejectment under the Rent Act. Giving a shorter notice period renders the action futile.
Tenants operated a gas station on a property owned by SCH for 23 years under a lease agreement. The lease required tenants to return the property to its original condition upon termination. SCH claims tenants breached the lease because the property is contaminated and unsuitable for SCH's planned residential development. However, the lease must be interpreted based on the circumstances and tenants' intended use of the property as a gas station. Tenants received the property for use as a gas station and returned it in a condition suitable for that use after remediating contamination. SCH was aware of the gas station use and cannot now require further remediation beyond the lease terms to suit its new planned residential use.
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1. Smith v. Howard
COURT OF APPEALS OF KENTUCKY.
Docket Number available at www.versuslaw.com
Citation Number available at www.versuslaw.com
October 14, 1966
PAUL M. SMITH, APPELLANT,
v.
VERNON HOWARD ET AL., APPELLEES.
Robert S. Miller, Miller, Griffin & Marks, Lexington, for appellant.
Edward A. Marye, Jr., Versailles, for appellees.
Hill
HILL, Judge.
The judgment from which this appeal is prosecuted upheld the action of the Building
Inspector and the Board of Adjustment of the City of Versailles denying appellant Paul M.
Smith the right to continue using his property under a nonconforming use provision of the
zoning ordinance of the City.
It is provided in a zoning ordinance passed November 1, 1955, for the City of Versailles
that:
"Any use of land or structure existing at the time of enactment or subsequent amendment
of this ordinance, but not in conformity with its provisions, may be continued with the
following limitations.
"33.3 No non-conforming use may be reestablished after it has been discontinued for one
year. Vacating of premises or building or nonoperative status shall be evidence of a
discontinued use."
The ordinance follows KRS 100.069 pertaining to "nonconforming" uses of property within
the zoned territory.
Since about 1940 appellant, or his predecessor in title, has either operated or leased the
property involved herein, located at 161 Virginia Avenue, Versailles, Kentucky, for light
manufacturing activities. The business conducted on the property from 1940 to 1960
involved the reconstruction and repair of tractors.
Following the termination of the tractor repair and reconstruction business in 1960, the
building and premises were leased to a plumbing supply business, which was perhaps a
little less noisy in activity. This business continued until September 1961. During the
2. occupancy of the plumbing supply business, a part of the property was used by the
Woodford Manufacturing Company.
During the last half of July 1962, the East Side Screw Company leased and occupied the
property. It is the use by the screw company that has been denied by appellees.
Appellant takes the position the "nonconforming" use has not been discontinued, while
appellees argue the converse. Appellees say the change of the use is unauthorized and
that appellant should be estopped to continue the "nonconforming" use of the property by
reason of a letter from appellant to appellees concerning permission for the lease to the
screw company.
In Darlington v. Board of Councilmen of City of Frankfort, 282 Ky. 778, 140 S.W.2d 392
(1940), this court said:
"It would seem, therefore, that the right to utilize one's property for the conduct of a
lawful business not inimicable to the health, safety, or morals of the community, becomes
entitled to constitutional protection against otherwise valid legislative restrictions as to
locality, or, in other words, becomes 'vested' within the full meaning of the term, when,
prior to the enactment of such restrictions, the owner has in good faith substantially
entered upon the performance of the series of acts necessary to the accomplishment of
the end intended."
The right of appellant to continue the use of his property as it was being operated at the
time of the enactment of the zoning ordinance in question is a "vested" property right
protected by law.
Now to the question of whether that right has been lost by the discontinuation of the
business for one year as stated in the zoning ordinance.
Zoning ordinances containing provisions in derogation of common law property rights are
strictly construed. Rathkopf's Law of Zoning and Planning, volume 1, chapter 8, section 1.
What is meant by: "Discontinued for one year?" Appellees contend that cessation of the
activities of the business for three hundred sixty-five days constitutes a discontinuation
"for one year" within the meaning of the ordinance. Appellant argues there must be not
only an overt discontinuation of activities but some evidence of intention to discontinue.
The ordinance provides that "vacation of premises or building or non-operative status
shall be evidence of discontinued use."
We conclude that the discontinuation of use sufficient to forfeit a nonconforming use must
either be intentional or fraught with such lack of diligence as to amount to an
abandonment for the required period.
It is written in Rathkopf's Law of Zoning and Planning, volume 2, chapter 61, section 5,
that:
"A temporary cessation, even for a lengthy period, caused by circumstances over which
the property owner had no control, is generally held not to constitute proof of a
discontinuance in the sense of abandonment within the meaning of zoning ordinance
3. provisions since the circumstances themselves negate an inference of the necessary
intention to abandon the use.
"Similarly, where there is a period of non-use because of the financial inability of the
owner to continue in business or to find a tenant desirous of using the premises for a
purpose permissible as a non-conforming use the requisite intent to abandon is lacking,
and the right to resume the non-conforming use when opportunity presents itself is not
lost."
In the present case, the record indicates appellant exercised due diligence to lease his
property. There is no evidence of an intention to abandon it. The business of the last
lessee was less obnoxious than the one operated at the time of the adoption of the
ordinance, although both are considered by the litigants and by this court as light
industry.
It is concluded appellant did not forfeit his right to continue the "nonconforming" use of
his property by his inability to lease it for approximately one year.
Appellees rely heavily on City of Bowling Green v. Miller, Ky., 335 S.W.2d 893, 87
A.L.R.2d 1 (1960). Appellant also cites Miller. In the Miller case, the original use involved
the "display, storage and delivery of furnaces," but the owner sought to change the use to
"storage of plumbing fixtures and sheet metal business." In concluding that the sheet
metal business was an unauthorized extension of the "nonconforming" use, this court
said: "The sheet metal business, however, is something entirely different."
Before leaving the Miller case, it may not be too burdensome to also quote the following:
"It is well recognized that a temporary vacancy or nonuser of the premises without
evidence of an intention to abandon the non-conforming use does not extinguish it. See
Landay v. MacWilliams, 173 Md. 460, 196 A. 293, 114 A.L.R. 984; and cases discussed in
114 A.L.R. 991."
Appellees contend that change from tractor and plumbing business to the screw business
constituted an unauthorized change of the nonconforming use under section 33.4 of the
ordinance, which is as follows: "No non-conforming use may be changed to any other use
except one which is a permitted use in the district in which it is located."
This section of the ordinance is an unauthorized limitation on the rights conferred by KRS
100.069 and KRS 100.854. The former statute provides:
"The use of a building or structure existing at the time of the adoption of any zoning
regulation or restriction, or at the time of any adjustment or revision thereof or
amendment thereto, although such use does not conform to the provisions of such new
regulations or restrictions, may be continued, and a nonconforming use of a building or
structure may be changed to another nonconforming use of the same or more restricted
classification."
The phrase "more restricted classification" within the meaning of the above statute is
synonymous with "less objectionable" or "less obnoxious."
4. The judgment appealed from did not find the use by the screw company to be more or
less restricted or more or less obnoxious. It only found the change to be "one that was
not permitted under the zoning ordinance."
By necessity, therefore, we must examine the findings of fact by the Board to determine
whether the use by the screw company is "more restricted" or "less obnoxious." We need
not go further than to quote the following paragraph of the Board's findings:
"The business of the East Side Screw Products Company is classified 'light industry' by the
witnesses. The noise level is low. The manufactured products can easily be held in the
palm of your hand. The evidence shows that, as a practical matter, the present use by
East Side Screw Products Company is no more obnoxious than its former uses."
We find the use by the screw company to be less obnoxious and more restricted within
the meaning of KRS 100.060. Therefore, there was no forfeiture of the nonconforming use
due to change of the use.
In a letter dated July 27, 1962, appellant wrote the Zoning Commission asking for
permission to lease his property to the screw company, the last two paragraphs of which
we quote:
"It is my understanding that this manufacturing firm will locate in Versailles permanently
only if they can lease a building here now suitable for their needs until they can get a new
building built here on a tract of land on which they now hold an option.
"It is in the interest of helping industry to locate in Versailles that I am making my
building available to them and that I ask this permission of the Zoning Board, and I will
not use the permission or this occupancy of the building in any way as an excuse for the
continued use or rezoning of this building."
Appellees contend that by reason of the contents of this letter and their verbal permission
for the screw company to occupy the premises for "one year" the appellant should now be
estopped to claim the continued nonconforming use of his property. With this contention
we cannot agree. Having concluded that at the time this letter was written appellant had
a vested right to enjoy the nonconforming use of his property, the representations
contained in his letter being without consideration did not amount to an estoppel.
The essential elements of equitable estoppel are found in 19 Am.Jur., Estoppel, section
42, page 642. They are:
"(1) Conduct which amounts to a false representation or concealment of material facts,
or, at least, which is calculated to convey the impression that the facts are otherwise
than, and inconsistent with, those which the party subsequently attempts to assert; (2)
intention, or at least expectation, that such conduct shall be acted upon by the other
party; (3) knowledge, actual or constructive, of the real facts. As related to the party
claiming the estoppel, they are: (1) Lack of knowledge and of the means of knowledge of
the truth as to the facts in question; (2) reliance upon the conduct of the party estopped;
and (3) action based thereon of such a character as to change his position prejudicially."
Certainly it cannot be said that the third element of the above definition of equitable
5. estoppel is present in this case. The Board took no action as a result of the letter, which
was of "such character as to change its position prejudicially."
In his zeal to keep his nonconforming use, and perhaps with some fear of the power of
the city fathers and of the rapidly developing zoning laws, appellant sought permission to
continue his use by a gratuitous assertion he would not ask for an extension. In so doing,
he was not estopped.
The judgment is reversed with directions to enter judgment consistent herewith.