1,836 results for 'cat:"Property"'.
J. Zahra finds that a township did not violate plaintiffs' fourth amendment rights by taking aerial photographs and video of their property with an unmanned drone because the aerial surveillance was not sufficiently intrusive to constitute an illegal search. Affirmed.
Court: Michigan Supreme Court, Judge: Zahra, Filed On: May 3, 2024, Case #: 164948, Categories: property, Negligence
J. Doughty grants unopposed requests by an insurance claims adjuster and an inspection company, dismissing negligence claims filed by a manufacturer of welding products. The manufacturer fails to plausibly allege either business owed it a duty under Louisiana law related to the hiring of the two companies for damage assessments after hurricane-driven rainfall allegedly damaged 10 welding machines. The manufacturer also does not allege any fraud or intentional misrepresentation against either company and does not oppose their dismissal from the suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 3, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: Civil Procedure, property, Damages
J. Surrick grants the treasurer of Pennsylvania’s motion to dismiss a class action suit alleging that Pennsylvania’s Disposition of Abandoned and Unclaimed Property Act, wherein the state treasurer takes custody of certain property deemed “abandoned and unclaimed,” violates the takings clause of the Fifth Amendment of the U.S. Constitution. The government does not need to compensate an owner for the consequences of their own neglect.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: May 3, 2024, Case #: 2:22cv1852, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, property
J. Wilder-Doomes grants a request by an insurer of a 28-acre mixed-housing development, compelling a chemical manufacturer of a termiticide and mold spray to produce documentation related to its purchase of a product that it repackaged as “Mold-Care.” The manufacturer failed to satisfy its burden that it could properly withhold production of its “Master Repack Agreement” as confidential business information. The manufacturer is ordered to produce unredacted copies of the agreement to the insurer for its state-law product liability lawsuit against the Tennessee-based chemical company.
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes, Filed On: May 3, 2024, Case #: 3:21cv431, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: property, Product Liability
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J. McDonald finds that the lower court properly allowed a foundation to continue claims concerning the ownership of property and historical artifacts displayed in the official residence of the Iowa governor because the state waived immunity upon voluntarily creating legal relationships with private citizens and the foundation. Affirmed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: May 3, 2024, Case #: 22/1995, Categories: property, Immunity
J. May finds that the lower court properly held that the city was immune from negligent hiring claims contending an unqualified employee's inspection of a privately owned building precipitated a lawsuit after a woman fell down a set of stairs because the woman failed to prove city misconduct. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: May 3, 2024, Case #: 23-0917, Categories: property, Immunity, Negligence
J. Windom finds on return to remand that the lower court improperly granted defendant's motion to dismiss a charge for receiving stolen property, in connection with a rental truck that was allegedly reported as stolen after it was not "returned as scheduled." The lower court erred by dismissing the charge based on speedy trial grounds. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Windom, Filed On: May 3, 2024, Case #: CR-2023-0867, Categories: Speedy Trial, property
Per curiam, the appellate division finds that the trial court improperly ruled in a property dispute arising from the sale of land and the construction of a commercial center and billboard. The court properly held that claims concerning the billboard were timely filed and that company defendants failed to transfer a rent check to plaintiffs. However, defendants were improperly required to build a retention pond on the property. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00440, Categories: Civil Procedure, property
J. Bland finds that the court of appeals improperly ruled in favor of a couple's estate in a Medicaid dispute arising out of the denial of assistance from the Texas Health and Human Services Commission. The couple argues that despite their living in an assisted living facility, their shared financial interest in real property should add to their resources. The court of appeals accepted their argument and upheld a reversal of the commission's denial. For the property to be included in the couple's resources, they would need to live in the home, as is required under federal law. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0437, Categories: Government, Medicaid, property
J. Power finds that the lower court properly held that restrictive covenants on parcels within a subdivision barred offering a single-family residence as a short-term Airbnb rental. While owners were permitted to rent a premises, restrictions limit use to "single family residential purposes," which implies longer-term living arrangements as opposed to short stays. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: May 2, 2024, Case #: CV-23-0610, Categories: property
J. Love finds that the trial court improperly determined that a victim did not show that she was harassed by her neighbor. In this case, the victim testified that the neighbor repeatedly removed landscaping boards from the front of her property where she was attempting to plant trees and cursed at her during an altercation. Further, there was video evidence showing the neighbor taking the boards from the victim's property to a trash pile, and the neighbor admitted to talking to the victim on the day of the altercation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 2, 2024, Case #: 2023-CA-0742, Categories: Evidence, property
J. Crothers finds that the district court properly quieted title to disputed oil and gas interests in favor of defendant company and awarded fees. However, the court improperly required plaintiff company to pay non-legal costs. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: May 2, 2024, Case #: 2024ND88, Categories: Energy, property
J. Nowell finds that the lower court improperly divided the marital property and "ordered neither party to pay child support" in this divorce proceeding. The record does not contain sufficient evidence of the parents' finances to show that the child support ruling "was in the best interests of the children." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: May 2, 2024, Case #: 05-23-00505-CV, Categories: Family Law, property
J. Golemon finds the trial court properly entered the property division enforcement order in this post-divorce proceeding. The ex-husband challenges the order requiring him to vacate the marital residence and ordering the receiver to sell the property and split the proceeds. A trial court that has rendered a final decree of divorce has the power to enforce the property division and to render clarifying orders to enforce compliance. Because no one appealed the enforcement order, the appeals court may not consider the ex-husband's arguments. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 2, 2024, Case #: 09-22-00312-CV, Categories: Family Law, property
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: Civil Procedure, property, Contract
Per curiam, the appellate division finds that the lower court properly declined to dismiss the borrower's counterclaim in a foreclosure suit. Such suits must be filed within six years of the lender accelerating the mortgage, even if the mortgage is payable in installments. The counterclaim plainly showed that the debt was accelerated in 2008, more than six years prior to filing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02342, Categories: Civil Procedure, property, Banking / Lending
J. Panella finds that the lower court properly granted a summary judgment motion filed by an equipment rental and turf farming company against a landscaper. The landscaper failed to properly support its appeal argument that the trial court improperly precluded it from raising defenses of laches and estoppel. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 1, 2024, Case #: J-A06022-24, Categories: Civil Procedure, property
J. Borden denies, in part, a sellers’ motion for judgment on the breach of contract pleadings in this real estate purchase dispute against the buyers who counterclaims for breach of contract, misrepresentation and suppression. Both parties agree they entered a valid agreement to sell and purchase the property. The sellers argue the buyers failing to close by the date agreed was a breach the contract. The buyers argue the sellers refusing to terminate the agreement and return their money was breach of contract, misrepresentation and suppression. As for the breach of contract claims, there are questions of fact concerning whether the buyers contacted the sellers to discuss termination. The buyers’ misrepresentation and suppression counterclaims fail as a matter of law; constructive knowledge precludes their claims.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: May 1, 2024, Case #: 6:23cv888, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, property, Contract
J. Gladwin finds the circuit court properly granted the easement in favor of the industrial board. The property owner installed a gate across a roadway that had been used by the owner as well as the board to access its own aggregate materials property for more than 30 years. The board has no other means of access, with no adequate remedy of law, and will suffer irreparable harm as a result of the owner's installing the gate. The owner had been properly served and is not entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: May 1, 2024, Case #: CV-23-356, Categories: property, Tort
J. Rice finds that the district court properly upheld a state board decision to grant forced pooling and risk penalties to an oil and gas well operator. The operator made an unsuccessful, good faith attempt to have the owner of the mineral interests voluntarily agree to pooling, as required by law before seeking forced pooling. And the operator made valid written demands giving the owner the opportunity to particpate in the costs of drilling before seeking risk penalties. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: April 30, 2024, Case #: DA 23-0289, Categories: Energy, property