Ioppolo v. Smith
Plaintiff Gary Ioppolo entered into an agreement with defendant Charley Smith to purchase 30 acres of unimproved land for $300,000. The transaction hit a snag when Ioppolo learned Smith's 30-acre parcel had not been legally separated from Smith's larger 56.5-acre parcel. Smith agreed to transfer the entire parcel to Ioppolo, with the understanding that Smith had two years to obtain a lot split from Placer County that would legally divide the 30 acres from the larger 56.5 acre parcel. Once Smith obtained the lot split, Ioppolo would reconvey the 26.5-acre parcel to Smith.
Five years and some litigation later, Smith failed to obtain the lot split legally dividing the parcel. Ioppolo filed suit to confirm he owned the entire 56.5-acre parcel. Following a court trial, the trial court transferred the entire parcel to Ioppolo. Smith appeals, arguing the trial court's action amounts to forfeiture and constitutes an abuse of discretion. Court shall affirm the judgment.
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