68 results for 'cat:"Civil Rights" AND cat:"Property"'.
J. Osteen grants a municipality’s motion to dismiss allegations that a new ordinance that puts limitations on short-term rentals is in violation of the state constitution. A couple who owns a short-term rental property in the municipality brings this action. Because the couple also has an underlying suit pending in state court, this action is dismissed, but the couple can bring a new action after the state suit has resolved.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:22cv102, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, Zoning
J. Eagles partially grants a motion for extension of time to obtain timely and valid service to the parents of a Black child whom a white woman allegedly struck in the face while he and his sister visited a swimming pool on the property she manages. The parents do not have good cause for having missed their deadline to obtain service of process on the apartment complex where the white woman worked, but they do show good cause to extend the deadline in their service of suit to the property owner.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 20, 2024, Case #: 1:23cv689, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, Tort
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J. Waples finds that the trial court properly granted the transportation agency summary judgment on property owners' takings claim. The owners are barred from contesting the necessity and public purpose of the condemnations since the statutory requirement of "acceptance and use" was met when they deposited checks the agency paid for their parcels into their bank accounts. The agency's subsequent revaluation of the parcels and issuance of supplemental checks would not reopen their claims since statute only requires the acceptance and use of "a payment," even if incomplete. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: March 8, 2024, Case #: 23-AP-059, Categories: civil Rights, property
J. Kleeh adopts in part and rejects in part the one magistrate-judge's report and recommendation, and adopts in its entirety the second in the
landowners' civil rights suit claiming the deputy state auditor violated their rights to due process when he conveyed a tax deed of two lots to a woman who purchased the property in 2020 for unpaid 2019 taxes, despite her failure to notice them of their right to redeem the property. In adopting the reports and recommendations, the court denies the tax deed grantee's motion to dismiss since the statute in place at the time she acquired the property required her to provide the auditor's office a list of those to be served a notice of the right to redeem.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 5, 2024, Case #: 2: 22cv17, NOS: All Other Real Property - Real Property, Categories: civil Rights, Government, property
J. Shepherd finds a lower court properly dismissed an animal carcass processor's civil rights claims against a city. The agricultural business argued that the city wrongfully designated it as a nonconforming business, in violation of its First Amendment and Equal Protection rights. However, the city sufficiently showed in court that the business has continuously violated its foul odor ordinance, despite spending significant money on odor-abatement technology. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-1579, Categories: Agriculture, civil Rights, property
J. Sinatra dismisses claims contending the city wrongfully demolished a residential building without adequate notice. The owner and tenants had been told to contact a housing attorney and were provided the opportunity to secure the property before the demolition was ordered, and the seasoned building inspector visually observed rot, mold, and water damage in the building.
Court: USDC Western District of New York, Judge: Sinatra , Filed On: February 29, 2024, Case #: 1:20cv1511, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property
Per curiam, the appellate division finds that the lower court properly denied the developer's motion to dismiss a lawsuit alleging it discriminated against a Black prospective tenant. The developer is required to provide 20% affordable housing at its residential apartment building located in Queens after receiving financing through the state's 80/20 program, but refused the Black tenant a three-bedroom apartment, instead renting the unit to a white Jewish family. The developer failed to prove that its proffered explanation for its decision was not pretext for intentional discrimination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 01017, Categories: civil Rights, property
J. Sessions grants two neighbors’ motion to dismiss nuisance and intrusion-upon-seclusion claims brought by a property owner. The property owner and his family are practicing Jews with many relatives on the property; they say the neighbors have filed complaints with the town zoning authority and the police department. He fails to state a claim for nuisance or intrusion upon seclusion.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, Tort
J. McShane declines to dismiss the federal claims in the residential patients' complaint accusing the hospital of revising its rules about handling patient mail and personal property, which prevented the patients from sending or receiving previously allowed packages, including three-dimensional artwork and Native American religious sacraments. The patients plausibly allege that the hospital's employees acted as state officials who implemented a policy that deprived the patients of their rights to free speech and religious freedom.
Court: USDC Oregon, Judge: McShane, Filed On: February 6, 2024, Case #: 6:22cv1982, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, First Amendment
J. Zilly stays a portion of the Korean restaurant's case accusing the city of not answering the restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The restaurant's claims for substantive due process, taking and negligence are dismissed with prejudice. The remainder of the case is stayed pending a ruling by the Washington Supreme Court in "Campeau v. Yakima HMA LLC."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 17, 2024, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, Due Process
J. Trauger partially denies the defendant law enforcement officer's dismissal motion in this lawsuit brought by two travelers alleging "an illegal search and seizure" at the Nashville airport. One of the travelers was allegedly instructed to open her suitcase, and the alleged facts show that she acquiesced to the officer's "show of authority" by opening the suitcase in the ride-share area of the airport, as opposed to voluntarily consenting to the search. Accordingly, the officer's motion is denied as to that traveler's Fourth Amendment claim stemming from the search.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 5, 2024, Case #: 3:23cv663, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, Transportation
J. Kugler allows a developer to continue certain claims contending the borough wrongfully denied an application to transfer a financial agreement of a property because evidence did not indicate that the other company acted "in conjunction" with the borough to deprive the developer of a constitutional right. However, the adjacent property owner's request for a variance likely violated the terms of the parking lot agreement.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 24, 2023, Case #: 1:22cv3177, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, Zoning
J. Armistead dismisses the housing development company's complaint accusing the city of forcing the company to improve public lands for state and federal use without compensation. Although the company's claims do not meet the criteria to proceed as they are, it can cure these deficiencies by identifying the specific improvement it was required to make that did not conform to the Nollan/Dolan standard. The company must provide a factual basis as to why those specific improvement were not "roughly proportional to the development’s impacts."
Court: USDC Oregon, Judge: Armistead, Filed On: December 4, 2023, Case #: 3:22cv1289, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Municipal Law, property
J. Hillman rules for the borough in claims brought after a developer was stymied from selling property and the transfer of a tax abatement agreement was ruled to be null and void. The administrative decision was non-legislative, and little or no evidence had been presented related to the decision. Meanwhile, the developer failed to prove the mayor had a role in the decision, and the borough did not impede the developer's right to sell the property without the tax abatement. Finally, a borough police officer's comments that "these Jews have enough money" did not represent the motives of the borough or the council as a whole.
Court: USDC New Jersey, Judge: Hillman , Filed On: November 27, 2023, Case #: 1:21cv16700, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property
J. Cogburn partially denies a condominium owners association’s motion for summary judgment following allegations of race discrimination brought by a Black female condo owner. The association also filed counterclaims for breach of contract and a declaratory judgment enforcing fines for the owner’s alleged violations of the agreement between the parties. After the owner was raped in her condo, she had a Ring Peephole Camera installed on the exterior of her door. While serving as vice president of the association's board, the owner was subject to harassment from multiple board members including fines for her camera installation, sexual propositions, and one member saying “You can’t reason with Black women.” Someone also anonymously left a bag of gummies in the shape of male genitalia with the note, “Eat a bag of dicks.” The owner also reports that other white residents in violation of altering their exterior doors were not subject to harassment and complaints. Because there are genuine issues of disputed facts in this case, summary judgment is not awarded. Also, until a jury determines whether the owner was subject to race discrimination, the association’s claims for breach of contract and summary judgment cannot be resolved.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv249, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, property, Contract
J. Pappert grants Philadelphia’s motion for summary judgment against a citizen who alleged, pro se, various constitutional violations arising from the city’s sale of his property. The litigant failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: November 6, 2023, Case #: 2:19cv5088, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, property