83 results for 'cat:"Property" AND cat:"Jurisdiction"'.
J. Dever denies an investment firm’s motion to remand this suit to a lower court in its attempt to prevent Wells Fargo and a trustee corporation from foreclosing a second time on a property the firm had purchased. The firm was unaware of a lien from 2006 owned by Wells Fargo when it bought the property and requested purchase of a note that would resolve the lien. Wells Fargo responded by initiating a second foreclosure sale, to which the firm responded by suing the bank. Wells Fargo correctly argues that the suit cannot be remanded because the trustee corporation is located in Florida and, therefore, diversity jurisdiction exists.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 5, 2024, Case #: 7:23cv1232, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, property, jurisdiction
J. Alvarez reverses the trial court's dismissal of a family's oil and gas lease dispute against another family that owns nearby property. The trial court improperly granted the neighboring family's plea to the jurisdiction, as their arguments were based on standing, mootness, judicial admissions and other claims that are not proper grounds on which to grant the plea. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: January 3, 2024, Case #: 04-22-00563-CV , Categories: Energy, property, jurisdiction
J. Soto finds a lower court erred in denying an energy company’s motion to dismiss a lawsuit after it was sued by another energy company alleging nuisance and other claims after it was unable to access minerals from a mineral lease due to a disposal well run by the first company. The first company is correct that the suing company lacks standing because issues with the disposal well became apparent long before the suing company attempted to drill, and therefore its current claims are unripe. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 29, 2023, Case #: 08-23-00010-CV, Categories: property, Real Estate, jurisdiction
J. Christopher finds that the trial court improperly dismissed the holding company's Chapter 21 claim against the state in a dispute over the repurchase of property previously taken by the state through eminent domain for a highway project. Chapter 21 allows for a "legislative waiver of immunity" in this case, so the state's plea to the jurisdiction was incorrectly granted. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: December 28, 2023, Case #: 14-22-00559-CV, Categories: Government, property, jurisdiction
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J. Rice grants the homeowners' motion to remand their case to the Spokane County Superior Court, as their lawsuit accuses the interstate insurance exchange of wrongfully denying full coverage for the homeowners' claim for damage caused by sewage water flooding the entire lower level of their home. The interstate insurance exchange's office is located in Texas, but because it is an interstate insurance exchange structured as an unincorporated association, its diversity is not complete. The homeowners residence in Washington state helps justify remanding their case to the Spokane County Superior Court.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: December 19, 2023, Case #: 2:23cv294, NOS: Insurance - Contract, Categories: Insurance, property, jurisdiction
[Consolidated.] J. Jones finds the district court improperly granted the Army Corp of Engineer's motion for voluntary remand of approved jurisdictional determinations in its conflict with landowners over privately-owned wetlands. There is no clear demarcation between U.S. waters and the wetlands at issue; therefore, the property is not subject to federal jurisdiction. Vacated.
Court: 5th Circuit, Judge: Jones , Filed On: December 18, 2023, Case #: 21-30163, Categories: property, Water, jurisdiction
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of Medina County on the district attorney's counterclaims alleging that the county cannot sell certain property without her consent. The district attorney’s counterclaims cite an injury that is traceable to the county, thus giving her standing to sue. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 22-0751, Categories: Government, property, jurisdiction
J. Musseman denies defendant's request for extraordinary writ to compel the trial court to dismiss his larceny and concealing stolen property case for lack of jurisdiction. The motion to dismiss was filed after the state filed an application to terminate the participation in drug court. Having entered his guilty plea, participated in drug court and reserved his protest for two years, defendant has waived his McGirt "Indian jurisdiction" claim.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: December 14, 2023, Case #: MA-2022-937, Categories: Theft, jurisdiction, property
J. Wolfe finds that the trial court should not have certified the judgment sustaining the parish president's exception of no cause of action as final, so the property owners' appeal is dismissed. The issue as to the parish president's immunity has not been fully adjudicated, and the immunity of the parish council is also undecided.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 14, 2023, Case #: 2023CA0446, Categories: Civil Procedure, property, jurisdiction
J. Hicks grants the county’s motion to remand. The county began this land ownership dispute involving a spring water system in state court. The water system was deeded by the Southern Pacific Railroad to the city of Monticello, and the county maintained and operated it since 1977. A recent landowner, upon whose land the water system comprised an easement for the county, cut locks from and altered water collection boxes, allowing the water to flow onto the owner’s land. The owner has failed to establish the amount in controversy threshold for federal diversity jurisdiction. Removal is not authorized.
Court: USDC Nevada, Judge: Hicks, Filed On: December 12, 2023, Case #: 3:23cv420, NOS: All Other Real Property - Real Property, Categories: property, Water, jurisdiction
J. Hassan finds that the trial court properly ruled in favor of the county in a property owner's bill of review petition that sought to set aside a final judgment for delinquent taxes. The owner failed to challenge the issue of mootness raised in the county's plea to the jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: December 12, 2023, Case #: 14-23-00008-CV, Categories: property, Tax, jurisdiction
J. Lobrano finds that this court does not have jurisdiction to hear a neighbor's appeal of the dismissal of his review of a judgment granting exception of prescription on the neighbor's property encroachment claim. In this case, the neighbor did not seek review during either the 30-day delay for filing a suspensive appeal or the 60-day delay for filing a devolutive appeal.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: December 11, 2023, Case #: 2023-CA-0115, Categories: property, jurisdiction
J. Simon denies an ex-husband’s motion to dismiss, for lack of subject-matter jurisdiction, a legal dispute stemming from a “messy divorce.” The fact that this case stems from a divorce proceeding is not alone enough to trigger the “domestic relations exception,” nor is this case barred by the principle of res judicata.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: November 21, 2023, Case #: 2:22cv145, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, Tort, jurisdiction
J. Hoyle finds the trial court properly granted the ex-wife’s special appearance, dismissing the ex-husband’s suit seeking amendment of the divorce’s maintenance agreement entered in Colorado which requires him to make monthly payments to the wife. The husband filed suit in Texas, where he resides. The husband did not follow procedure for continuing a special appearance and the court properly refused additional jurisdictional discovery. The wife’s jurisdictional status in Colorado is established by her property interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: November 8, 2023, Case #: 12-23-00091-CV, Categories: Family Law, property, jurisdiction
J. Rothstein grants the homeowner's motion to remand her complaint alleging that the energy company's water heater and natural gas fuel caused a fire that severely burned her, killed her mother and several pets, and rendered the home a total loss. The homeowner sufficiently states that her case belongs in Washington state court because she does not press any federal claims, she does not have to prove a federal tariff standard to prevail on her negligence claim, and there is no substantial federal question that needs to be resolved for her claims.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 6, 2023, Case #: 2:23cv1237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, Negligence, jurisdiction
J. Castro refuses to dismiss a son’s appeal to remove the administrator and attorney of his mother’s estate. The court has proper jurisdiction over the issue as a denial to remove the administrator is considered an appealable interlocutory order. Though the son’s appeal is possibly without merit, it cannot be considered frivolous, as there could be curable deficiencies to rectify hiding behind the unsupported accusations against the administrator and attorney.
Court: Northern Mariana Islands Supreme Court, Judge: Castro, Filed On: November 2, 2023, Case #: 2022-SCC-11, Categories: property, Wills / Probate, jurisdiction
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
Per curiam, the Fifth Circuit finds the district court improperly dismissed claims brought by the owners of properties along Lake Austin as barred from federal jurisdiction by the Tax Injunction Act. The property owners say that their properties lie within the city’s limited-purpose jurisdiction and that an ordinance declaring them as within the city’s full jurisdiction is an illegal annexation attempt. The Act bars district courts from enjoining tax assessment “where a ... remedy may be had in [state] courts.” Apart from the owner’s request for a declaration of invalidity of taxing boundaries and for a writ of mandamus instructing the assessor on jurisdiction, the owners do not ask the court to enjoin any tax collection via their due process, equal protection and takings claims. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 22-50924, Categories: property, Tax, jurisdiction
J. Michelson grants defendant dismissal of claims contending defendant broke an oral agreement to store $375,000 in cash and a Mercedes in Indiana while plaintiff was in prison and, ultimately, to deliver the cash and car to Michigan because neither party resides in Michigan or maintains continuous contacts with the state.
Court: USDC Eastern District of Michigan, Judge: Michelson, Filed On: September 27, 2023, Case #: 2:22cv11457, NOS: Other Contract - Contract, Categories: property, jurisdiction, Contract