Category Archives: Renee Karel

Waiver of a Zoning Ordinance’s Height Restriction Requires a Variance, Not a Conditional Use Permit

Case: Burns Holdings, LLC v. Teton County Bd. of Comm’rs, Case No. 38269-2010 Court: Supreme Court of Idaho Date Issued:  January 25, 2012 Judge: Opinion Author:  Eismann, Justice Concurring in Opinion: Burdick, Chief Justice; J. Jones, Justice; W. Jones, Justice; … Continue reading

Posted in Conditional Use Permit, Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, Idaho Code 67-6516, LAND USE, OPINION AUTHOR, Renee Karel, SUMMARY AUTHOR, Variance | Comments Off

By Its Plain Language, A Deed of Trust that Secures “All Additional Amounts Owing to the Lender” Is Not Limited to the “Maximum Amount” Stated in the Deed

Case: The Marina at Black Rock, LLC v. Idaho Independent Bank, Case No. CV 2011 3177 Court: District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai Opinion Title: Memorandum Decision … Continue reading

Posted in Deed Interpretation, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Non-Judicial Foreclosure, OPINION AUTHOR, PROPERTY SECURITY, Renee Karel, SUMMARY AUTHOR | Comments Off

Although An Eventual Deficiency Judgment May Be Greater Than Contract Damages, the Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Improper Windfall

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading

Posted in CONTRACTS, Deficiency Judgments, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, PROPERTY SECURITY, Renee Karel, Specific Performance, Specific Performance | Comments Off

Annexation of Property Is A Material Alteration, Which Supports An Award of Specific Performance to the Vendor in a Land Sale Contract

Case: Fazzio v. Mason, Case No. 36068      Court: Idaho Supreme Court Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is an … Continue reading

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off

Even If the Buyer Has Been Unable to Obtain Financing At the Time of Decision, An Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Abuse of Discretion

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off