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Contracts Keyed to Blum
Birchwood Land Company, Inc. v. Krizan
Citation:115 A.3d 1009 (2015)
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- 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:
In June 1982, Defendant bought a vacant, land-locked plot for $3000. Defendant also acquired an implied access easement over a portion of the adjacent lot, now owned by Plaintiff. This is the only way to access her property, and without frontage on a public road or access to utilities, the land was undevelopable. In December 2002, Plaintiff purchased the land surrounding Defendant’s land to the east, west, and south. In April 2005, Plaintiff received permission to develop the property, extending road access and water/sewer line connecting to Defendant’s land.
After Plaintiff developed the properties, Defendant informed the Town of her intent to develop her land. Now that the land was on a public road and connected to utilities, it was now developable. As a result, the assessed value of the land rose from $10,800 to $92,700, and the fair market value was no less than $117,000. Plaintiff calculated Defendant’s proportionate share of expenses, excluding the $2,405 water and sewer connection costs, to be $50,100. Defendant expressed interest in reimbursing Plaintiff for the water and sewer connection costs but refused to contribute to other expenses.
- 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.
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- 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.