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Property Keyed to French
Westwood Homeowners Ass’n v. Lane Cnty.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Westwood Homeowners Association (Plaintiff) maintains the streets and common areas of Westwood, a planned unit development. The lots in Westwood are subject to covenants to pay yearly assessments to finance Plaintiff’s operations, and the covenants are secured by liens on the property. The owners of 15 of the properties failed to pay their property taxes, so Lane County (Defendant) acquired title to the properties in 1988. Defendant did not pay the assessments to Plaintiff, and in 1990 Plaintiff brought suit to foreclose on its liens on the properties. Defendant claimed that it had title to the property free of the covenant to pay the assessments, due to a statute providing that properties acquired in tax foreclosure proceedings are free of “liens” and “encumbrances.” Both parties moved for summary judgment, and the trial court entered summary judgment for Plaintiff. The intermediate appellate court affirmed, and Defendant appealed to the state supreme court.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.