63 results for 'cat:"Government" AND cat:"Property"'.
J. Coulson finds a lower court properly dismissed an airfield owner's failure to acknowledge two enforcement notices. The airfield owner argued that he was not obligated to cease storing and burning waste materials on his land. However, the local council provided sufficient evidence in court that the airfield owner failed to comply with the requirements of planning permission to reinstate the property back to a grassland area. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulson, Filed On: November 22, 2023, Case #: CA-2023-1971, Categories: Agriculture, government, property
J. Soto finds a lower court ruled correctly in dismissing a suit brought by citizens against the Texas comptroller’s office over property valuations. Because the citizens are suing over a tax program involving local school districts, their claimed injuries are not “fairly traceable” to the comptroller’s office. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 21, 2023, Case #: 08-23-00086-CV, Categories: government, property, Tax
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
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J. Kloppenburg finds the circuit court properly found for the city in a dispute with a California-based property owner over an order to raze a building on his Wisconsin property within 30 days because of its dangerous state of disrepair. The property owner has failed to bring evidence of disputed facts such that he is entitled to a jury trial, did not have his Fourth Amendment rights violated by a warrant for a special inspection of the building that was executed according to applicable law, and did not have a statutory right to attempt to repair the building instead of razing it because the cost of repairs would have exceeded 50% of the building's value. The circuit court's order granting summary judgment to the city and allowing the building to be razed at the property owner's expense stands. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: November 2, 2023, Case #: 2022AP001683, Categories: Constitution, government, property
J. Fannie Mae denies a request by a Baton Rouge real estate company to dismiss a complaint by two apartment owners who argued that it must legally indemnify them against a foreclosure suit by Fannie Mae in exchange for being designated the exclusive property manager of their housing units. The apartment owners have alleged a plausible claim of legal indemnity against the realty firm, specifically that any potential finding of liability on their part would be “constructive or derivative” of the property manager’s own fault.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: October 17, 2023, Case #: 3:21cv551, NOS: Other Contract - Contract, Categories: government, property, Real Estate
Per curiam, the circuit finds the government officials were not entitled to qualified immunity on due process claims filed by the individual whose property was liquidated after he failed to claim two checks issued by insurance companies. The individual was provided no hearing or any notice whatsoever and has a property right in the interest that accumulated on the checks. Reversed in part.
Court: 6th Circuit, Judge: Per curiam, Filed On: October 6, 2023, Case #: 22-1780, Categories: government, property, Due Process
J. Lindsey finds the trial court properly ruled in favor of the county property appraiser in a lawsuit from two homeowners over the denial of their request to transfer a property tax assessment benefit from their old home to their new home. Because the record shows the homeowners did not transfer the benefit within the statutory two-year time limit, and because a 2020 constitutional amendment extending the time limit from two to three years does not retroactively control in the dispute over the homeowners' 2019 request, the trial court correctly considered their request untimely and granted final judgment to the appraiser. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: October 4, 2023, Case #: 22-0949, Categories: government, property, Tax
J. Fleming grants the city's motion to dismiss, ruling the property owners' constitutional claims are time-barred. While the owners' harm may have continued throughout the duration of the construction project, they were not prevented from bringing their takings and nuisance claims immediately after the project was started.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 29, 2023, Case #: 1:22cv2014, NOS: Torts to Land - Real Property, Categories: Civil Procedure, government, property
[Consolidated.] J. Coogler grants the county defendants and federal defendants dismissal of the homeowners' property damage claims they say stems from a poorly placed storm drainage system. The homeowners claim that the placement of the storm drain contributed to the slope failure that damaged their homes and that the damage results in a "taking" of their property by the county defendants. However, these allegations do not show that the county defendants engaged in any conduct that would legally constitute a "taking." The court lacks subject matter jurisdiction over the claims against the federal defendants.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: September 26, 2023, Case #: 7:23cv314, NOS: Torts to Land - Real Property, Categories: government, property, Tort
Per curiam, the court of appeals finds when the trial court allowed the property owner to amend his complaint to include an affirmative defense to the park board's right to appropriate his property, it was required to make factual findings and determine whether the appropriation was necessary under Ohio law. Therefore, its judgments will be vacated and the case will be remanded for further proceedings.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: September 25, 2023, Case #: 2023-Ohio-3426, Categories: Civil Procedure, government, property
Per curiam, the appeals court finds the county has not met the high standard for second-tier certiorari review of the circuit court's reversal of a special magistrate's finding that the citizen violated county land development code regarding special vacation rental permits while acting as trustee of his revocable trust. Finding no departures from the requirements of law by the circuit court, the county's petition for certiorari review is denied.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 20, 2023, Case #: 23-0145, Categories: government, property, Contract
J. Fleming denies the city's motion to dismiss, ruling the disparate treatment claim brought by the property owners was filed within the applicable statute of limitations. Although they discovered in 2008 a strip of land similar to one on their property was vacated by the city, their claim did not accrue until the city took a concrete position on their strip in 2013. Furthermore, the city is not entitled to political subdivision immunity because the owners seek only declaratory relief.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 13, 2023, Case #: 1:22cv1861, NOS: Other Civil Rights - Civil Rights, Categories: government, property, Real Estate
J. Shorr finds the Land Conservation and Development Commission (LCDC) erred in denying a landowner’s petition for an enforcement order related to IGAs among various public agencies. “Even if a government decision does not meet the statutory test for being a ‘land use decision’ under the significant impact test, a government decision that has a ‘significant impact on present or future land use’ is a land use decision.”
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 7, 2023, Case #: A175549, Categories: government, property
J. Messitte grants a special arm of an American investment management firm its motion to freeze the assets of a Congolese family trust while discovery is conducted concerning the true ownership of the assets. The trust alleges that four pieces of real estate in Maryland belong to the Democratic Republic of the Congo and its national electric utility, not to the trust. The trust and its members have family and professional relationships with the Congo and its former president, and all were allegedly involved in an embezzlement scheme. The arm has plausibly claimed that the trust committed fraud, so the assets are frozen and discovery will proceed.
Court: USDC Maryland, Judge: Messitte, Filed On: September 5, 2023, Case #: 8:22cv2369, NOS: Other Statutory Actions - Other Suits, Categories: government, property
J. Attrep finds the lower court properly determined the eleven roads located on private property are public by way of prescriptive easement. Evidence in the record indicates they had been used openly by the public since at least the 1930s for hunting, recreation and work related to cattle ranching, among other things. Meanwhile, the court properly awarded expert witness costs to the state for the mapmakers and their assistants, all of which were documented extensively and recoverable under New Mexico law. Affirmed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: August 31, 2023, Case #: A-1-CA-38739, Categories: government, property, Transportation
J. Colloton finds a lower court properly dismissed a mineral company's claims against the State of North Dakota. The mineral company argued that the State engaged in unlawful taking of its mineral rights without compensation, in violation of the Fifth Amendment. However, the State presented sufficient evidence in court that it acquired ownership in 1889 without taking. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 30, 2023, Case #: 22-2159, Categories: Constitution, government, property
J. Thissen affirms the Court of Appeals' finding that the district court did not abuse its discretion in granting the county's motion seeking to prohibit landowners whose land it sought to condemn for highway improvement purposes from offering evidence about loss of access to the highway being improved in their appeal seeking greater compensation. The lower courts correctly found that since the new highway did not previously exist, the landowners have not been deprived of a right of access to it. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: August 23, 2023, Case #: A22-0314, Categories: government, property
J. Gould reverses the intermediate court’s ruling that an airport should not build high-density housing as the amendment to a local ordinance that allows it to do so violates the uniformity rule in applying the ordinance. The airport, struggling financially in recent years, is also responsible for multiple plane accidents, some fatal. The county council has pressured the airport to sell or diversify its income to bring itself out of debt. The intermediate court is wrong because the county’s ordinance regarding population density of new housing construction does not discriminate against similarly situated properties and its exception as to the airport furthers a valid public purpose. Reversed.
Court: Supreme Court of Maryland, Judge: Gould, Filed On: August 22, 2023, Case #: C-02-CV-20-001850, Categories: government, property, Zoning
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. Inos finds the lower court properly dismissed the department’s case against a now-deceased homeowner for his occupation of public land after they failed to take any action on the case or the homeowner’s application for a homestead waiver for over 20 years. The extensive delay along with the department’s false argument that the public land can be acquired through adverse possession favors dismissal. Affirmed.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: August 11, 2023, Case #: 2022-SCC-15, Categories: government, property
J. Cox finds that the trial court improperly dismissed an inverse condemnation action brought by the property owners against the parish alleging that the parish, engineer and record custodian made the owners' property inaccessible by abandoning and closing a bridge. The placement of a "bridge out" sign and mounds of dirt blocking the bridge did not begin the tolling of prescription in the instant action. The prescriptive period under the statute has not yet begun to run because the bridge has not been repaired or abandoned. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: August 9, 2023, Case #: 55,093-CA, Categories: government, property
J. Vos finds a lower court improperly dismissed a national park authority's public rights violations against a landowner. The landowner argued that he was entitled to a "right of access to the commons on foot or on horseback" in order to enjoy open air recreational activities. However, the national park authority presented sufficient evidence in court that "foot and horseback" does not fall within recreational category rules. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: July 31, 2023, Case #: CA-2023-229, Categories: government, property
J. Wright finds the trial court improperly adopted the award of the special commissioners who were appointed pursuant to Texas seeking to condemn one-tenth of an acre of private land in furtherance of a highway widening project. The state's objections to the award were timely, and the court was required to proceed under property code to consider them in due form. Reversed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: July 27, 2023, Case #: 09-22-00055-CV, Categories: Construction, government, property
Per curiam, the Supreme Court of Ohio finds a property owner is entitled to a writ of mandamus to compel the state to proceed to construct easements. While the property owner could apply for a road access permit from the city of Cleveland to re-establish access to his property following an Ohio Department of Transportation road construction project, the number of factors required for such a permit make success unlikely.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 25, 2023, Case #: 2023-Ohio-2517, Categories: government, property
[Consolidated.] J. Henderson reverses the trial court’s grant of summary judgment to several counties, trade groups and timber companies on their challenges to the president’s expansion of the Cascade-Siskiyou National Monument. The president has the authority to do so under the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act. Reversed.
Court: DC Circuit, Judge: Henderson, Filed On: July 18, 2023, Case #: 20-5008 , Categories: government, property
J. Stewart finds the court of appeals lacked jurisdiction to consider the merits of the park board's appeal from a decision regarding appropriation proceedings. The trial court's decision to deny the property owner's motion for summary judgment did not constitute a final, appealable order. Vacated.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: July 11, 2023, Case #: 2023-Ohio-2332, Categories: government, property, Jurisdiction
J. Chuang partially grants a landowner's motion for summary judgment following trespass and nuisance claims against the United States Air Force after a pilot jettisoned fuel tanks, which fell onto the owner's land. Although regulation required the distressed pilot to unload the tanks, they are still considered trespass on private land. However, even though some fuel also allegedly contaminated the land, the owner had not yet built upon it, so the nuisance claim is denied.
Court: USDC Maryland, Judge: Chuang, Filed On: June 30, 2023, Case #: 8:20cv616, NOS: Torts to Land - Real Property, Categories: government, property, Tort