Alder v. R. W. Lotto, Inc.

The question at trial and on appeal is whether the sellers, Wallace E. Alder and Judith S. Alder, his wife, or the purchaser, R. W. Lotto, Inc., should pay two local improvement district (LID) assessments on certain real property sold pursuant to an agreement which provided for the proration of assessments as of the date of closing, but also required the sellers to convey free of liens. Lotto appeals the trial court’s judgment for the Alders. We reverse.

The Alders acquired a real estate contract vendees’ interest in the property here at issue in 1965. The improvements, LID No. 223, including…