John C Churchill's Legal Cases (4)

Real estate

Powell v. Washburn

Jan 05, 2006

OUTCOME:

211 Ariz. 553, 125 P.3d 373: This case requires us to interpret real property restrictive covenants. One approach has been to construe such covenants narrowly, to favor the free use of land. We today ... adopt the approach of the Restatement (Third) of Property: Servitudes ("Restatement") and hold that restrictive covenants should be interpreted to give effect to the intention of the parties as determined from the language of the document in its entirety and the purpose for which the covenants were created.

Government

Jackson v. Chandler

Jan 17, 2003

OUTCOME:

204 Ariz. 135, 61 P.3d 17 The automobile accident from which this case arose occurred in Arizona, but everyone involved was a California resident. The tort action that followed was filed in Arizona; ... it is timely if the Arizona statute of limitations applies but barred if California's applies. We granted review to examine choice-of-law principles and determine whether the Arizona or California statute of limitations governs. Rule 23(c)(3), Ariz. R.Civ.App.P. We have jurisdiction under Article VI, § 37 of the Arizona Constitution.

DUI and DWI

Van Herreweghe v. Burke ex rel. County of La Paz

Dec 11, 2001

OUTCOME:

201 Ariz. 387, 36 P.3d 65 Ariz. App. Div. 1, (2001): In this special action, Petitioner challenges the superior court's denial of his motion to dismiss or to suppress breath analysis results.1 He co ... ntends that the State's failure to grant his immediate release following his arrest for a felony driving under the influence ("DUI") charge violated his due process right to gather exculpatory evidence.

Estate planning

Knott v. Vachal

Mar 10, 1988

OUTCOME:

Does the survivor of an unmarried cohabitation relationship have to file a claim against the estate of the deceased member for the share of assets she claims she is entitled to pursuant to an express a ... greement to hold the property as joint tenants? We hold that she does not because her claim is one for equitable title to property and thus not for property which is part of the estate of the deceased.

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