156 results for 'nos:"All Other Real Property - Real Property"'.
J. Alston denies the landlord of privatized military housing's motion to dismiss claims it violated the Virginia Consumer Protection Act. The tenant's alleged misrepresentations about the condition of the landlord's rentals relate to facts (rather than opinions), such as the extent of moisture, mold or pest infestation problems and whether those problems had been properly remediated.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: August 21, 2023, Case #: 1:22cv286, NOS: All Other Real Property - Real Property, Categories: Landlord Tenant, Housing, Military
J. Burns grants the U.S. States Forest Service's motion to dismiss a property owner's complaint alleging an unlawful taking of his property. The court lacks jurisdiction over the property owner's Takings Clause claim. The amount in controversy is likely to be in excess of $10,000 because the owner is seeking payment of the market value of 163 acres of property that he says he is no longer able to use for agricultural operations. The Court of Federal Claims is the appropriate venue.
Court: USDC Southern District of California, Judge: Burns, Filed On: August 16, 2023, Case #: 3:20cv1046, NOS: All Other Real Property - Real Property, Categories: Government, Property
J. Gonzalez grants a motion for reconsideration and subsequently enters judgment in favor of a real estate owner on its quiet title action. The note holder argued the loan was not properly accelerated because its loan servicer was not authorized to file the foreclosure action in 2007. However, due to the 2020 New York Foreclosure Abuse Prevention Act, which subsequently changed the controlling law, a foreclosure action is deemed official unless expressly dismissed by the court. To that end, the court finds the mortgage loan was accelerated in 2007, and that the defendants failed to foreclose on the property before the six-year statute of limitations expired, thus entitling the litigant to an order canceling and discharging the mortgage.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 11, 2023, Case #: 1:20cv3553, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, Banking / Lending
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J. Levyrules in favor of the township in the complaint, which alleges the officials wrongfully prevented the homeowners from operating a used car dealership on their property and determined the property was a blight. A history of neighbors' complaints about the junkyard provided a basis for the township's actions, and there is no evidence of animus or ill will toward the homeowners.
Court: USDC Eastern District of Michigan, Judge: Levy, Filed On: August 2, 2023, Case #: 5:18cv11556, NOS: All Other Real Property - Real Property, Categories: Property
J. Meyer grants the lender's motion to dismiss, ruling that because there is no dispute about the holder of the mortgage note, the borrower lacks standing to bring her quiet title action, which will be dismissed in its entirety.
Court: USDC Connecticut, Judge: Meyer, Filed On: July 31, 2023, Case #: 3:23cv192, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Banking / Lending
J. Knepp grants the majority owner's motion to dismiss, ruling the lack of any allegation of fraud as it pertains to the arbitration agreement by the minority owner renders that provision enforceable. Therefore, because the fiduciary duty claims are covered under the arbitration clause, the case must be dismissed and submitted to an arbitrator.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: July 28, 2023, Case #: 3:23cv1079, NOS: All Other Real Property - Real Property, Categories: Arbitration, Fiduciary Duty, Contract
J. Griggsby grants in part a private boarding school's motion to dismiss claims of breach of contract and fraud brought by a corporation that purchases and builds specialized schools. The corporation alleges that the school was untruthful about its financial standing upon agreement to purchase the school for $8 million. The school did breach the contract because it failed to sell its property to the corporation within the agreed time period. However, all other allegations fail to state a claim.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:22cv175, NOS: All Other Real Property - Real Property, Categories: Fraud, Property, Contract
J. Du grants the county’s motion to dismiss the short-term vacation rental property owner and operator’s suit alleging that his property was wrongly made subject to new permit regulations for parking, noise, trash and occupancy, as well as defining unpermitted properties as a public nuisance. The county is not a “person” under the relevant statute, and though the county’s order to cancel bookings and remove property listings was disruptive, the action doesn’t amount to a substantial impairment under the contracts clauses of the U.S. and Nevada constitutions.
Court: USDC Nevada, Judge: Du, Filed On: July 12, 2023, Case #: 3:23cv29, NOS: All Other Real Property - Real Property, Categories: Constitution, Property, Contract
J. Otake grants the planning department's motion to dismiss, ruling the condo complex lacks standing to bring a takings claim on behalf of its members for enforcement of a zoning ban on short-term rentals because such a claim would require individual participation by all of the members of the complex. Although each owner has theoretically suffered the same injury, there is no way to determine damages without individual participation, and because injunctive relief is not allowed in a takings claim, that portion of the suit must be dismissed.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv162, NOS: All Other Real Property - Real Property, Categories: Constitution, Property, Zoning
J. Holland reverses a decision by the Interior Board of Indian Appeals (IBIA) regarding an allotment of land that was to be divided among an individual's sons after he died. His son alleges that the BLM mistakenly forgot to include an express reservation of a right-of-way for an access road in the allotment conveyance certificate. The IBIA decision that the federal defendants did not have jurisdiction to consider the son's claims because the adjacent allotment had been conveyed out of federal ownership was "was patently erroneous, arbitrary, and capricious." The IBIA decision is reversed and the matter is remanded to the IBIA for further proceedings.
Court: USDC Alaska, Judge: Holland, Filed On: June 27, 2023, Case #: 3:20cv198, NOS: All Other Real Property - Real Property, Categories: Real Estate, Jurisdiction
J. Land denies the power companies' motions to exclude expert testimony from a mechanical engineer and a real estate appraiser in a nuisance and negligence action brought by the neighbors arising from excessive noise, light, odor and smoke coming from a biomass power plant. The power companies' motions for summary judgment are also partially denied. However, the motions are granted as to the neighbors' claims for nuisances other than noise, vibrations and emissions of particulate matter and continuing nuisance claims based on air quality issues after June 2020. The neighbors presented evidence showing that the county found a violation of the nuisance ordinance with regard to the plant's noise levels and presented evidence showing that the plant routinely had long, loud steam releases.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 16, 2023, Case #: 3:21cv42, NOS: All Other Real Property - Real Property, Categories: Negligence, Experts
J. Rubin grants a fire protection equipment and services firm’s motion for summary judgment against Nationwide’s negligence and breach of warranties claims when the sprinkler system in a local community center froze and caused water damage. According to the agreement, the actions of the firm are covered and therefore, Nationwide cannot recover $294,000 in damages from the firm.
Court: USDC Maryland, Judge: Rubin, Filed On: June 14, 2023, Case #: 1:20cv684, NOS: All Other Real Property - Real Property, Categories: Insurance, Damages, Contract