87 results for 'cat:"Property" AND cat:"Jurisdiction"'.
J. Smith finds that the district court properly dismissed an Administrative Procedure Act action brought by an aeronautical company and an aerospace company against the U.S. Air Force and U.S. Air National Guard alleging the improper use of the company's intellectual property concerning data relating to the Mobile Airborne Firefighting System (MAFFS). The matter was properly dismissed by the lower court for lack of subject-matter jurisdiction. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: September 7, 2023, Case #: 21-56377, Categories: property, jurisdiction, Military
J. Kobayashi partially dismisses a Hawaii State registrar for land court and a family from claims by the family’s mother that they had wrongfully acquired the title and trust of the mother’s elderly father. The mother does not have standing to bring the claims as she does not purport to be a representative of the father’s estate or allege any legal ownership of the property. She also lacks personal jurisdiction as a majority of the claims took place in Arizona, not Hawaii.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: August 25, 2023, Case #: 1:22cv503, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, jurisdiction
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J. Olguin dismisses the property owner’s claim that the California Coastal Commission wrongfully denied his coastal development permit (CDP) application without an access in-lieu fee, which the owner claims is unconstitutional because there is not a reasonable connection between public beach access needs and the impact of the owner’s pool project. The owner waived the right to make a constitutional claim when he did not raise the issue before the commission. Also, the commission is carrying out the state court's mandate on remand when it grants the CDP subject to the in-lieu fee, so only the state courts have the power to review if the commission is complying with the state court's remand order.
Court: USDC Central District of California, Judge: Olguin, Filed On: August 13, 2023, Case #: 2:22cv4668, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, property, jurisdiction
J. Kelly dismisses a suit brought by a property owner against members of a property owners association challenging the issuance of fees for maintenance of a road that the property owner uses to access their property. Both the justice court and county court declined to rule on the fees and if they were adequately assessed, citing a lack of jurisdiction. Due to the county court’s lack of jurisdiction, the court of appeals does not have the proper authority to adjudicate the matter.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 4, 2023, Case #: 03-22-00058-CV, Categories: property, jurisdiction
J. Robie holds that the trial court improperly dismissed a complaint for trespass and injunctive relief against an elected tribal chairperson after it found that state courts lack jurisdiction over intra-tribal leadership disputes. No tribal dispute existed to deprive the trial court of jurisdiction since neither party challenged the validity of the suspension of the elected chairperson or the authority of the tribal council to act on behalf of the tribe in passing the suspension resolution. The property subject to the trespass claim is not tribal land but is owned in fee simple, and the suspended chairperson failed to show that federal law bars state courts of jurisdiction over property disputes between tribal members over non-tribal land. Reversed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: July 12, 2023, Case #: C096097, Categories: property, Native Americans, jurisdiction
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. Dillon grants the government's motion to dismiss federal tort claims arising from an allegedly negligent clean-up of
hazardous substances for lack of subject matter jurisdiction. The property owners claim the government executed an unwarranted and fraudulent response action that damaged the property. Federal courts do not have jurisdiction over actions against the U.S. unless Congress has expressly waived the federal government’s sovereign immunity, which they haven't for this case.
Court: USDC Western District of Virginia, Judge: Dillon , Filed On: June 26, 2023, Case #: 5:22cv40, NOS: Environmental Matters - Other Suits, Categories: Environment, property, jurisdiction
J. Seitz finds that the state may hold Monsanto liable for PCB contamination of directly owned public lands but cannot hold Monsanto liable for trespass upon land owned through public trusts. The trial court properly dismissed standalone unjust enrichment claims, but on remand, the state may link that claim as a remedy under public nuisance and trespass.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: June 22, 2023, Case #: 279, 2022, Categories: Civil Procedure, property, jurisdiction
J. Gallagher denies an electronics company’s motion to dismiss for lack of personal jurisdiction in this lawsuit filed by a religious group over property damage caused by an allegedly defective laptop catching fire. Because this is the second motion to dismiss the company has filed, and it did not object to personal jurisdiction in the first, the motion must be denied.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: June 14, 2023, Case #: 5:22cv2600, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, Damages, jurisdiction
J. Sweazea remands to state court remaining claims in a case brought by one resident against community officials and another resident alleging that the community improperly allowed that second resident to violate rules allowing only “one dwelling unit per one lot.” The resident who sued has not established why she should be able to bring claims in federal court over this matter — not least because her property was not directly affected — though she may try her claims in state court.
Court: USDC New Mexico, Judge: Sweazea, Filed On: May 30, 2023, Case #: 1:22cv324, NOS: Other Civil Rights - Civil Rights, Categories: property, Real Estate, jurisdiction
J. Hecht finds the court of appeals improperly ruled against a home loan company, dismissing its foreclosure case filed against a property owner. The court of appeals ruled that the county court lacked jurisdiction. However, the county court was acting per a county-specific statute, giving it the authority to rule on the matter. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: May 19, 2023, Case #: 21-1109, Categories: property, jurisdiction, Foreclosure
J. Sutton finds the lower court erroneously dismissed for lack of jurisdiction the homeowners' complaint pertaining to the loss of their homes following neighbors' actions in environmental court contesting the homeowners' failure to repair and clean their property. The defendants named in the current lawsuit were not the same as those in the original action regarding property code violations and the current suit also seeks damages and a declaratory judgment, neither of which were requested in the original proceedings. However, because the environmental court named as a defendant in this suit is a governmental agency that acts as an arm of the state when it enforces nuisance laws, it is not a person that can be sued in a Section 1983 action. Reversed in part.
Court: 6th Circuit, Judge: Sutton, Filed On: May 19, 2023, Case #: 22-5783, Categories: property, Due Process, jurisdiction
J. Wallis finds the trial court lacked subject matter jurisdiction over an eviction dispute between the tenant and the property owner, as the tenant asserts. The trial court, a county court, lacked jurisdiction because the tenant claimed an equitable interest in the relevant property due to a $65,000 deposit she made to purchase and improve it, making the lawsuit an ejectment action that only circuit courts can handle. The trial court's judgment in favor of the property owner is overturned, and the case is remanded so it can be transferred to circuit court. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: May 19, 2023, Case #: 21-2570, Categories: property, Housing, jurisdiction