Attorney Daniel J McDonald's Legal Cases

Real estate

Western States Contracting v. Spilsbury

Sep 01, 2016

OUTCOME: Decree of judicial foreclosure and a $15.164 million judgment against the guarantors.

I helped my client, RR Penga, LLC purchase a series of failed commercial loans with a face value in excess of $24 million, obtain a judgment foreclosing out more than 20 other junior creditors and mec ... hanics lien holders, obtain a $15,164,283.34 judgment against the guarantors, and conduct a sheriff's sale, resulting in a credit bid and RR Penga's control of the entire development project.

Real estate

2010-1 CRE UT-Industrial, LLC v. Hanred Gourley Enterprises, LLC

Mar 08, 2016

OUTCOME: Summary judgment in my client's favor for $3,645,873.28

My client, 2010-1 CRE UT-Industrial, LLC sued a guarantor, who guaranteed an approximately $4 million commercial loan, which went into default. The guarantor disputed whether his signature actually ap ... peared on the guarantee document. He didn't deny it was his signature but wouldn't admit it, either. Through the use of expert testimony and extensive case law research, we were able to demonstrate that a guarantor's inability to recall signing a commercial guarantee does not create a disputed issue of fact precluding summary judgment.

Real estate

Conaty v. May

Oct 13, 2015

OUTCOME: The case against my client was dismissed on a motion for judgment on the pleadings.

The Mays sold their home to Conaty, who later sued them for allegedly failing to disclose the applicability of Salt Lake County Health Department Regulation 13, which required the buyers to disconnect ... from a septic system and connect to the public sewer system.

Discrimination

Cinnamon Hills Youth Crisis Center, Inc. v. Saint George City

Jul 03, 2012

OUTCOME: The lawsuit against my client was dismissed.

The United States Court of Appeals for the Tenth Circuit upheld the grant of summary judgment for my client, Saint George City, dismissing a $7 million damages claim and defeating the group home operat ... or’s claim that the city violated the Fair Housing Act when it denied the developer’s request for a residential treatment facility. See Cinnamon Hills Youth Crisis Center, Inc. v. Saint George City, 685 F. 3d 917 (10th Cir. 2012).

Discrimination

Alamar Ranch, LLC v. County of Boise

Nov 10, 2011

OUTCOME: Alamar Ranch obtained a $5.4 million judgment against Boise County

My client, Alamar Ranch, desired to locate a 72-bed residential treatment facility in rural Boise County, Idaho. The county granted Alamar's conditional use permit to run the facility but placed so ma ... ny conditions on the permit that it made operation economically unfeasible. Evidence suggested that the conditions were deliberately placed to prevent the facility from ever opening. Alamar Ranch sued Boise County for discrimination under the Federal Fair Housing Act in federal district court.

Daniel J McDonald's Legal Cases (5)

Western States Contracting v. Spilsbury

2010-1 CRE UT-Industrial, LLC v. Hanred Gourley Enterprises, LLC

Conaty v. May

Cinnamon Hills Youth Crisis Center, Inc. v. Saint George City

Alamar Ranch, LLC v. County of Boise