Real Property

Parmenter v. Lemon

Landlord Tenant Dispute: Attorney’s Fees Case: Barbara Parmenter Living Trust v. Steve and Kymberly Lemon, 2012. Synopsis: This matter arose out of a landlord tenant dispute between the plaintiff landlord and the defendant tenants. The tenants sought reimbursement of attorney fees. On remand from the Supreme Court Judge Rasmussen determined that based on the analysis of

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Realvest Corp. v. Lane County

Restrictive Covenant Case: Realvest Corp. v. Lane County, 2002 WL 34505059. Synopsis: Defendant Lane County owned property located within the county. Plaintiffs owned interests in adjacent property which was the dominant estate associated with the deed restriction. Judge Rasmussen determined that the effect of the change upon the restricted Lane County property neutralized the benefits of

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Aspen Flo, LLC v. Saxon

Real Property: Adverse Possession Case: Aspen Flo, LLC v. Saxon, 2007. Synopsis: This matter required Judge Rasmussen to determine the property boundary between the Plaintiff’s and Defendant’s land. In making the determination two issues were considered: 1) whether either party established a substantial interest or claim to the property, and 2) whether Defendants acquired title to

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Eugene School District v. City of Eugene

Real Property Deed Restriction Case: Eugene School Dist. No. 4J v. City of Eugene, 2007 WL 5813753 Synopsis: This declaratory judgment action required Judge Rasmussen to determine whether a 1938 deed by the City of Eugene to Eugene School District No. 4J contained a restriction that limited the use of the deeded property as a “recreation

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Lenn v. Lane County

Road Easement Case: Lenn v. Lane County, 2013 WL 11042119 (Or. Cir.). Synopsis: The Petitioner sought reconsideration after the Court signed an Order affirming the decision of Lane County to approve a partition application, filed by Intervenor-Respondent. In that Order, the Court rejected Petitioners’ contentions that the access easement that would serve the resulting Parcel would

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