Resources > Home Depot, USA Inc. v. Saul Subsidiary
Home Depot, USA Inc. v. Saul Subsidiary
Jim Coben
This case affirmed grant of mandatory injunction to demolish a retail store for owner’s breach of land covenants, and rejecting claim that trial judge should have recused herself after conducting an unsuccessful mediation session instead of deciding the matter without an evidentiary hearing, where: 1) the Code of Judicial conduct specifically authorizes judges to “mediate or settle matters pending before the judge”; 2) the store owner suggested or at least acquiesced in the trial court’s mediation efforts; and 3) there was no affirmative showing of bias or partiality, and absent such showing the trial court’s hint that it might pass the case on to another judge if mediation was unsuccessful is alone insufficient to justify recusal, rehearing denied, Oct. 8, 2004.
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