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In re West Daniels Land Assn

In re West Daniels Land Assn

Ruling
Relief from stay granted to allow town to use and occupy debtor's land in order to construct new water system.
Procedural posture

In this chapter 11 case involving a debtor landowner, a town filed an emergency motion for relief from the automatic stay under 11 U.S.C.S. § 362 to allow the town's continued use and occupancy of a parcel of real property owned by the debtor on which the town intended to construct a new water system. In essence, the town sought to enforce a state court order granting it immediate occupancy.

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Commercial opinion summary, case decided on December 17, 2009 , LexisNexis #0210-042