Schultz v. DeClusin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• allowing unit owner to sue condominium trust over noisy air conditioner in common area as private nuisance, treating unit and common area as adjacent parcels of land
• acknowledging the unit owner’s “dual form of interest in real estate, entitling the owner both to exclusive ownership and possession of his unit and to an undivided interest together with other unit owners in the common areas”
• misrepresentation claim requires the plaintiff to prove “false statement of material fact made to induce the plaintiff to act and reliance on the false statement by the plaintiff to his detriment”
• statements concerning \matters of judgment\ or \value\ are not actionable for misrepresentation
• “[T]he law of nuisance requires two separate and distinct parcels, one on which a nuisance exists and one on which the occupants are burdened with the nuisance.”
• representation is opinion if it expresses only belief, without certainty, as to existence of fact or judgment as to quality, value, authenticity or other matters of judgment

Source: CourtListener parenthetical corpus (CC0).