31 results for 'cat:"Property" AND cat:"Injunction"'.
J. Graham grants, in part, the cell tower operator's motion for summary judgment, ruling the property owner's placement of a padlock on the gate to bar access to the cell tower is undoubtedly a breach of the parties' lease agreement, while the potential loss of cell service or subscribers is sufficient to prove damages. Therefore, the tower operator is entitled to an injunction to require the property owner to remove the padlock and allow unfettered access to the tower.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:23cv764, NOS: Other Contract - Contract, Categories: property, Contract, injunction
J. Thierry finds that the trial court improperly granted the landowners a preliminary mandatory injunction against the mineral lessee regarding their dispute over a right-of-way agreement for the property. The Louisiana Supreme Court ruled that a preliminary mandatory injunction is not an available form of relief in the state, and neither the landowners nor the mineral lessee stipulated to consolidate the preliminary injunction hearing and the permanent injunction hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 24, 2024, Case #: CA-23-326, Categories: property, injunction
J. Gladwin finds the circuit court properly entered summary judgment in favor of the property owner who removed a boundary fence. The owner removed a fence that existed before the involved owners had purchased their properties, and a survey revealed the property boundary was beyond the fence. The other property owner filed a petition for ejectment, injunction and to quiet title after the fence was moved. This owner has shown no admissible evidence creating a material fact in question regarding both owners' mutual recognition of the original fence as a boundary. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 13, 2024, Case #: CV-22-557, Categories: Evidence, property, injunction
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J. Sargus grants the mineral rights owner's motion for a preliminary injunction, ruling its offer of $100,000 to the surface rights owner and plan to drill horizontally into neighboring properties gives the surface owner due regard for its intended use of the land as a deer hunting reserve. Therefore, the $100,000 will be paid and the mineral rights owner will be allowed to begin development of the proposed wells.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 23, 2024, Case #: 2:23cv4232, NOS: All Other Real Property - Real Property, Categories: Environment, property, injunction
J. Valderrama denies a Chicago resident's motion for a preliminary injunction against Amazon, barring it from operating a warehouse on the city's west side while this case against it is pending. The resident, who lives near the warehouse site, claims Amazon does not have the special use permit it would need to legally operate the facility in accordance with Chicago zoning rules. Though the court agrees there is a possibility Amazon may be in violation of some zoning rules, it also finds the resident has not established how she would suffer the "irreparable harm" needed to justify a preliminary injunction order.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: December 21, 2023, Case #: 1:23cv14163, NOS: All Other Real Property - Real Property, Categories: Municipal Law, property, injunction
J. Hodge finds the superior court properly granted a preliminary injunction to the property owner in her lawsuit claiming her neighbor has been trespassing by cutting paths across her property to a nearby beach. Although the superior court did not conduct the necessary analysis to determine what elements the property owner needed to prove in order to show she was reasonably likely to succeed on the merits of her trespass claim, this error is "overlooked" in the interest of judicial efficiency. In conducting the analysis separately, it is determined the evidence "clearly supports" the superior court's findings, including that the property owner has a reasonable likelihood of success, she would suffer irreparable harm absent an injunction and the neighbor would not be irreparably harmed by an injunction. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: December 18, 2023, Case #: 2023 VI 14, Categories: property, injunction
J. Frisch affirms the district court's denial of the purchaser's motion for a temporary injunction halting the cancellation of the sale of a mall. The district court was not obligated to presume the existence of irreparable harm should injunctive relief be denied, and the fact that the dispute concerns the purchase of real estate does not change that. It also did not abuse its discretion in concluding that the purchaser did not demonstrate irreparable harm as required. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: December 11, 2023, Case #: A23-0598, Categories: property, Contract, injunction
J. Reed finds a lower court properly dismissed a group of travelers and gypsies' challenge of newcomer injunctions ignited by the local City council. The travelers and gypsies argued that they are entitled to set up encampments on certain properties. However, the City council sufficiently showed in court that the groups are obligated to gain permission before taking over plots of land in prominent locations. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: November 29, 2023, Case #: 23UKSC47, Categories: property, injunction
J. Silberman finds that the trial court properly denied property owners injunctive relief from a town ordinance allowing public use of private beaches under the customary use doctrine since the court applied the correct statute. However, well-pleaded takings claims remain pending.
Court: Florida Courts Of Appeal, Judge: Silberman, Filed On: November 8, 2023, Case #: 2D23-251, Categories: property, injunction
J. Proctor denies a couple’s motion for partial summary judgment in this lawsuit over flooding on their property caused by drainage from a steel company’s property for trespass and nuisance. The court grants, in part, summary judgment to the steel company on the couple’s injunction claim. The couple stated in the first amended complaint the injunction as a separate claim, however, “an injunction is a remedy, not a separate claim or cause of action.” All other claims are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 3, 2023, Case #: 2:18cv1693, NOS: Torts to Land - Real Property, Categories: property, Negligence, injunction
J. Brown finds that the trial court properly granted the church's motion for declaratory judgment in an action brought by the railroad company arising from a dispute over a strip of land that sits on a railroad spur track. The trial court correctly found that the church acquired fee simple title to the property underlying the spur by deed. However, the trial court incorrectly entered a permanent injunction in the church's favor ordering the railroad company to remove the spur track. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 27, 2023, Case #: A23A1021, Categories: property, injunction
J. Kuehn finds the District Court of Oklahoma County improperly granted the church injunctive relief when it sought to disaffiliate with the conference while retaining its real property. The relief violates church autonomy doctrine and the court lacked subject matter jurisdiction. The Oklahoma Supreme Court previously granted the conference writs of mandamus and prohibition and remands the case with instructions to dismiss.
Court: Oklahoma Supreme Court, Judge: Kuehn, Filed On: October 24, 2023, Case #: 121483, Categories: property, Jurisdiction, injunction
J. O'Connor grants, in part, the government's action seeking to enjoin individuals from constructing or maintaining certain structures on an easement near a lake allotted for flooding. The individuals' sheds, patios, porches, carports and electrical utilities are all considered structures prohibited under the terms of the easement at issue.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: September 26, 2023, Case #: 4:21cv1257, NOS: Torts to Land - Real Property, Categories: property, injunction
J. Hester finds that the trial court properly denied the individual a permanent injunction in a dispute over a neighbor's construction of a building that allegedly violated a city ordinance. The individual's claim was moot since the construction of the building was completed prior to the trial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: September 15, 2023, Case #: 2023CA0036, Categories: property, injunction
Per curiam, the court of appeals finds the trial court improperly denied a trustee’s motion to vacate a final judgement in a challenger’s favor for a property dispute, the challenger’s cross-appeal is dismissed as moot. “The longstanding policy in Florida is one of liberality toward vacating defaults, and any reasonable doubt with regard to setting aside a default should be resolved in favor of vacating the default and allowing trial
on the merits.” Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: August 25, 2023, Case #: 6D23-385, Categories: property, injunction
J. Stagel finds that the trial court improperly entered into a mandatory injunction and equity in favor of the association for homeowner’s violation of maintenance and repairs of exterior property. According to the association’s declaration they should have given the option to remedy the alleged violation and the case should have been dismissed. Reversed.
Court: Florida Courts Of Appeal, Judge: Stagel, Filed On: August 25, 2023, Case #: 6D23-1213, Categories: property, injunction
J. Jewell finds that the trial court properly ruled in favor of the individual accused of causing drainage issues on her neighbors' property through the excavation of sand on her land. The neighbors did not establish that the individual's sand excavation activities caused damage to their property. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: August 10, 2023, Case #: 14-22-00497-CV, Categories: property, Water, injunction
J. Nelson enjoins the bank and the loan services corporation from directly or indirectly taking actions to advance a non-judicial sale of the property owner's property. The property owner will suffer irreparable harm without a preliminary injunction because although she would not lose a monetary interest in the property through foreclosure, "she would lose the opportunity to litigate the merits of her claim because a foreclosure sale would render this action moot."
Court: USDC Oregon, Judge: Nelson, Filed On: July 19, 2023, Case #: 3:23cv877, NOS: Foreclosure - Real Property, Categories: property, Foreclosure, injunction
J. de Alba enjoins the foreclosure of the home of a family who claims they were conned into refinancing their mortgage on promises of receiving $50,000 to cover medical bills, but instead received $10, almost 12 percent interest on a $348,000 loan due in 24 months, and $27,000 in brokerage fees. They have shown a likelihood of success on the merits and that they will suffer irreparable harm without an injunction.
Court: USDC Eastern District of California, Judge: de Alba, Filed On: July 12, 2023, Case #: 1:23cv1016, NOS: Truth in Lending - Torts - Personal Property, Categories: property, Banking / Lending, injunction
J. Colloton finds a lower court properly dismissed an energy company's motion to enjoin a preliminary injunction concerning its request to obtain right-of-way access onto Native American land for lack of jurisdiction. The energy company argued that the Bureau of Indian Affairs falsely promised to ban employees from smoking cigarettes on the work site and right-of-way land. However, the energy company failed to exhaust its remedies in tribal court before moving ahead in the federal arena. Reversed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 3, 2023, Case #: 22-202, Categories: property, Native Americans, injunction
J. Arthur disagrees with the lower court's decision that a county's housing commission must go through the court to obtain permission to sell some land containing two burial plots to a developer. Although a local African-American cemetery coalition was initially granted its mandamus to stop the sale, the commission invokes a state statute which allows it to sell the plots since they had already been used as a parking lot in the past. Also, the proceedings are moot because during the process, the buyer pulled out, cancelling the sale. Reversed.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: June 28, 2023, Case #: 486734V, Categories: property, Business Practices, injunction
J. Theofanis finds that the trial court properly ruled to deny an investment firm’s application for a temporary injunction in a contract case concerning the alleged trespass of a property by a relative of the head of the firm. The firm has failed to show that it has sustained an irreparable injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: May 19, 2023, Case #: 03-22-00161-CV, Categories: Evidence, property, injunction