1,836 results for 'cat:"Property"'.
J. Jenkins finds that the trial court properly found the city 90 percent at fault, and a construction company ten percent at fault, for the wrongful demotion of a property. After the city issued a notice of emergency demolition of the property and contracted with the construction company for demolition, it instructed the construction company to put the property on a "Do Not Demolish" list. However, the city's demolition coordinator and deputy director of code enforcement kept separate “Do Not Demolish” lists, and the deputy director of code enforcement failed to inform the construction company that the property should not be demolished after being texted that the construction company was at the property. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 10, 2024, Case #: 2023-CA-0659, Categories: property, Contract
J. Bland finds that the court of appeals improperly dismissed the property manager’s appeal of the trial court’s decision ordering it to convey its property to the maritime refueling services facility according to a purchase option in the parties’ contract. The trial court’s order amounted to a temporary injunction, which the manager had the right to appeal.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 10, 2024, Case #: 23-0078, Categories: Civil Procedure, property, Enforcement Of Judgments
J. Kitchens finds the 2001 public dedication of the subdivision's road as public roadways, as well as the county's refusal to levy taxes on the property and their continued use by members of the general public, renders the roads public and requires the county to pave and maintain them. Although the roads were not officially added to the registry, the minutes of the 2001 council meeting are an official document that effectuated transfer of the roadways to the care of the county. Affirmed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: May 9, 2024, Case #: 2022-CA-1227, Categories: Government, property, Transportation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the appellate division finds that the lower court improperly declined to dismiss a negligence claim filed by a psychiatrist who was attacked by the cousin of an estranged partner in his home office. Although the apartment complex suffered lapses in its security protocols, such as allowing the attacker to enter and wander around the building for 20 minutes without being question by staff, the psychiatrist permitted the attacker to come into his apartment again to use the bathroom. Premises liability does not exist where the tenant invites the possibility of danger into the apartment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02612, Categories: property, Negligence
J. Weingart finds that the trial court properly rejected a challenge to a property tax reassessment triggered by a change in the ownership of a leased property. The transaction occurred with 26 years remaining on the lease, which is below the statutory 35-year threshold for reassessments. The leasehold interest gave the lessee effective ownership until fewer than 35 years remained on the lease, after which the "leasehold interest was no longer substantially equal to the value of the fee interest" and Proposition 13's protections no longer applied. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: May 9, 2024, Case #: B324243, Categories: property, Tax
J. Volk grants the deputy state auditor's motion for summary judgment in the deceased woman's civil rights suit. She claimed that her due process rights were violated when the deputy auditor conveyed deeds to two parcels of her property to a man who bought them at sales for unpaid taxes without first conducting an exhaustive search of publicly available records of her current address when prior right-to-redeem notices were returned as unclaimed. The deputy auditor is entitled to qualified immunity since "he could not have been expected to forecast the duty here imposed, which appears nowhere in the statute governing his authority nor decisional law."
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: May 9, 2024, Case #: 1:21cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, property
J. Brennan finds that the lower court improperly dismissed an energy company's suit challenging an increase in the tax assessment for two properties on which it is developing a natural gas fueled power generation plant. The company was never sent notice of the proposed reassessment for one parcel, so it is excused of its failure to exhaust its administrative remedies. However, it was properly given its due process rights as to the second parcel. Reversed in part.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: May 9, 2024, Case #: 220328, Categories: property, Tax, Due Process
J. Abramson finds the county court properly quieted title to the property in favor of the residents. The property owner filed an unlawful-detainer complaint against the mobile home residents, alleging they had detained possession after he had attempted to gain possession by civil notice. The owner argues the residents failed to establish their curtilage is contiguous to their own property, conceding the contested property and the residents' property are contiguous. This satisfies for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 8, 2024, Case #: CV-22-585, Categories: Evidence, property
J. Davies finds a lower court improperly ruled in favor of a property owner on nuisance claims against a local borough. The property owner argued that the local borough failed to prevent Japanese knotweed from infiltrating on his land. However, the local bureau sufficiently showed in court that the Japanese knotweed was present before the property owner acquired the acreage.
Court: Supreme Court of the United Kingdom, Judge: Stephens , Filed On: May 8, 2024, Case #: 2024-UKSC-15, Categories: property, Damages
Per curiam, the appellate division finds that the lower court properly declined to dismiss a medical malpractice claim filed a patient who was diagnosed with an ankle sprain. Two weeks later, he was admitted to the hospital with ischemia of the leg, which led to amputation. Although the doctor submitted an affidavit showing that he had followd the standard of care, the patient's affidavit raised issues of fact as to whether the doctor failed to complete an orthopedic consultation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02512, Categories: property
J. Perret finds that the trial court improperly dismissed the homeowners' claims alleging that the pest control company did not treat the homeowners' property multiple times, leading to a Formosan termite infestation. The trial court erred in dismissing this case as abandoned, because there is evidence to suggest that the homeowners' counsel sent an email about several deficiencies they were concerned about regarding the pest control company's discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: May 8, 2024, Case #: CA-23-772, Categories: property, Discovery, Contract
J. Lee finds that the lower court properly ruled in favor of a couple who was sued by their neighbors over tree branches that allegedly fell on their home and damaged it. There is no evidence of any notice that the tree in question was damaged or posed a danger, leaving all nuisance and negligence claims barred. Affirmed.
Court: Washington Court Of Appeals, Judge: Lee, Filed On: May 7, 2024, Case #: 58179-5-II, Categories: property, Negligence
J. Welch finds the county court properly granted injunctive relief and damages to the property developer. The residential property owner constructed a sediment pond and dam, causing drainage issues on the developer's property. The developer has shown that it has lost use of a portion of its property, as well as having lost trees to erosion caused by pooling water. The water backup was caused by negligent construction, as shown by the testimony of a civil engineer. Removal of the pond and dam is the only remedy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-114, Categories: Agriculture, property, Damages
Per curiam, the circuit finds the district court improperly dismissed the insurer's petition to appoint an umpire for lack of subject matter jurisdiction. The company refused to pay an additional $349,000 after paying the hail-damaged property owner $61,000 after deductions. The court erroneously concluded the petition did not meet the amount-in-controversy requirement for diversity jurisdiction. The company's petition establishes an amount in controversy of more than $75,000, meeting requirements for diversity jurisdiction. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-10888, Categories: Insurance, property, Jurisdiction
J. Schroeder remands this zoning dispute in which a group of property owners claim that the rezoning of a nearby lot in order to build a school violates their Second Amendment rights and state laws. The owners allege that based on state law, they would not be permitted to carry firearms on a private lane — which is their only entrance and exit to a public road — that divides the rezoned property. The parties request the court to use supplemental jurisdiction because, they argue, the state claims are similar enough to the Second Amendment claim that it is warranted. However, because the court does not have original jurisdiction over any of the claims, it cannot use supplemental jurisdiction and the claims must be remanded for a lack of subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 7, 2024, Case #: 1:23cv797, NOS: Other Civil Rights - Civil Rights, Categories: property, Zoning, Jurisdiction
J. Poissant finds that the trial court improperly granted no-evidence summary judgment in a dispute over ownership of title to a property. The land company's deeds and affidavits raised a fact issue as to whether it has superior title to the property. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: May 7, 2024, Case #: 14-23-00004-CV, Categories: Evidence, property
J. Wilkin finds the trial court properly granted the Department of Forestry's motion to quiet title. Its expert witness established property boundaries for the state park and the neighboring landowner, including former boundary agreements and markers on the disputed land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: May 7, 2024, Case #: 2024-Ohio-1842, Categories: Government, property, Experts
J. Berkenkotter finds the "centerline presumption," which grants title to the middle of a roadway in cases where a property owner grants a conveyance abutting a highway or street, also applies to the mineral rights underneath the roadway, so long as the conveyance includes no language to specifically exclude mineral rights. However, the lower court erroneously conditioned the application of the rule on whether a property owner retained ownership of at least a portion of the land that abuts the roadway because it effectively nullifies the rule. Therefore, the current owners of the property at issue in this case have sole ownership of both surface and mineral rights of the roadway following the developer's conveyance. Affirmed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: May 6, 2024, Case #: 2024CO28, Categories: property, Real Estate
J. Cabret finds the superior court properly entered an amended judgment in the property owner's favor in a dispute with her neighbor in part over payment of property taxes for properties on their adjacent plots. The superior court's judgment calling for reimbursement of property taxes paid by the property owner was the most equitable result given the competing interests of both parties, and the court did not abuse its discretion. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: May 6, 2024, Case #: 2024 VI 21, Categories: property, Tax
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