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STERN v. HAAS

1 Citing case

  1. Major-Blakeney Corp. v. Jenkins

    121 Cal.App.2d 325 (Cal. Ct. App. 1953)   Cited 48 times
    Holding that plaintiff has no claim in restitution against defendant, adjoining landowner, for expense of off-site improvements benefitting both properties because "expenditures made and obligations paid were done exclusively in furtherance of plaintiff's own interest and to discharge commitments for which it alone was responsible"

    The courts of many jurisdictions support this proposition. ( Raynor v. Drew, 72 Cal. 307 [13 P. 866]; United States v. Pacific R. Co., 120 U.S. 227 [7 S.Ct. 490, 30 L.Ed. 634]; Wadleigh v. Katahdin Pulp Paper Co., 116 Me. 107 [100 A. 150]; Stern v. Haas, 54 N.D. 346 [ 209 N.W. 784].) [25] A property owner who conceivably acquires some incidental benefit from an adjoining landowner's improvements made pursuant to the latter's private development plans is not required to account for the benefits so received.