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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/resdplltnt0036 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT PART I. CREATION OF THE LANDLORD-TENANT RELATIONSHIP CHAPTER 1. NATURE AND DURATION OF LANDLORD-TENANT RELATIONSHIP § 1.2 Requirement That Right to Possession Be Transferred Minn.2020. Quot. in sup., cit. in case quot. in sup. Mining company sued county, alleging that the revision of county's ordinances to prohibit industrial mineral operations was an unconstitutional taking of its property interests in five leases entitling it to mine silica sand and process it for use as frac sand on properties in the county. The trial court granted summary judgment for county, and the court of appeals affirmed. Affirming, this court held that mining company's interest in the right to mine frac sand under the leases was inchoate under Minnesota law, and thus could not sustain a takings claim. The court pointed out that the leases contained reservations clauses providing that mining company had no right to use or possess the land until it was able to engage in silica-sand mining, and explained that, under Restatement Second of Property: Landlord & Tenant § 1.2, a transfer of possession and control was required in order for a leasehold interest to arise. Minnesota Sands, LLC v. County of Winona, 940 N.W.2d 183, 203. Va.App.2019. Cit. in sup. Defendant was charged with, among other things, statutory burglary in connection with an incident in which she kicked in the door of a mobile home where a man with whom she was romantically involved resided and became involved in a physical altercation with another woman in the home. After a non-jury trial, the trial court denied defendant's motion to strike, in which she argued that she could not be guilty of statutory burglary because she lived in the home, and convicted defendant. Affirming, this court held that the evidence was sufficient to show that the home, which was owned by the man's roommate, was the dwelling of another, because defendant did not own or lease any portion of the home or have any right to occupy it under Restatement of Property § 7 or Restatement Second of Property: Landlord & Tenant § 1.2. While defendant kept some personal items at the home, assisted in paying utility bills, and had a key to the home, the evidence showed that she had her own residence, that she only spent certain evenings with the man at the home, and that she only had permission to be at the home when specifically invited. Pooler v. Commonwealth, 834 S.E.2d 530, 534. § 1.8 Tenancy Not to Commence Until Occurrence of an Event Minn.2020. Cit. in ftn.; com. (a) quot. in ftn. Mining company sued county, alleging that the revision of county's ordinances to prohibit industrial mineral operations was an unconstitutional taking of its property interests in five leases entitling it to mine silica sand and process it for use as frac sand on properties in the county. The trial court granted summary judgment for county, and the court of appeals affirmed. Affirming, this court held that mining company's interest in the right to mine frac sand under the leases was inchoate under Minnesota law, and thus could not sustain a takings claim. The court pointed out that the leases contained reservations clauses providing that mining company had no right to use or possess the land until it was able to engage in silica-sand mining, and explained that, under COPYRIGHT ©2020 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.