1,836 results for 'cat:"Property"'.
J. Rice finds that the district court properly upheld a state board decision to grant forced pooling and risk penalties to an oil and gas well operator. The operator made an unsuccessful, good faith attempt to have the owner of the mineral interests voluntarily agree to pooling, as required by law before seeking forced pooling. And the operator made valid written demands giving the owner the opportunity to particpate in the costs of drilling before seeking risk penalties. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: April 30, 2024, Case #: DA 23-0289, Categories: Energy, property
J. Baker finds that the water court properly determined that the state is a partial owner of a water right whose source is a groundwater well on private land. The well supplies water to irrigate privately owned parcels and an adjacent 160-acre parcel of school trust land. The state has an ownership right to the water that is diverted from private land for the beneficial use of irrigating school trust land, which was reserved to the state in 1864. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: April 30, 2024, Case #: DA 23-0314, Categories: property, Water
J. Kobayashi dismisses a homeowner’s trespass and nuisance claims against Airbnb for allowing illegal rentals to proliferate in his neighborhood, but allows his false advertising claim to remain. The trespass and nuisance claims fail because the homeowner does not establish a link between Airbnb and the subcontractors he says are making noise that trespass on his property. However, Airbnb is not immune from the homeowner’s false advertising claims, despite their assertion that they only play host to rental owners, as the homeowner “challenges content created by Airbnb itself, not content created by a third party,” in reference to Airbnb’s promotion of itself. Its advertising promotes rentals on their site as legal, and Airbnb is not immune to claims made against its own content.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 30, 2024, Case #: 1:23cv243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, False Advertising
J. Gooch finds that the lower court properly found for the title insurer in a suit filed by property purchasers who claim it is obligated to defend them in a suit against the city over the use of a barn constructed on the property by previous owners without a permit. The insurer's actual knowledge of the city's lawsuit prior to the effective date of the title policy does not trigger coverage because court records are not included as the kind of records required for the insurer to review and alert the buyers prior to the property's sale. Affirmed.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: April 30, 2024, Case #: SC100238, Categories: Insurance, property
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Per curiam, the appellate court grants mandamus relief to the community association seeking to designate two entities as responsible third parties for an underlying suit brought by property owners over flooding allegedly caused by amenity lakes in the subdivision and improvements on nearby properties. It was an abuse of discretion for the trial court to deny the association's motion.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 30, 2024, Case #: 14-23-00283-CV, Categories: Civil Procedure, property
J. Penzato finds that the trial court improperly denied a motion to annul an order dismissing a contract dispute involving the sale of a property. The record does not show that the buyer was served notice of the hearing for the motion to dismiss. Reversed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: April 30, 2024, Case #: 2023CA0911, Categories: property, Contract
J. Arterburn finds the county court properly granted specific performance as to the original property owner's right of first refusal. The original owner sold property to their farming employee, executing a promissory note for payment of $37,000 over eight years. A trust deed provided the purchaser would get the owner's consent if he meant to sell the property before paying it off. A warranty deed also gave the seller right of first refusal. The original owner was not provided with sufficient notice of the sale. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 30, 2024, Case #: A-23-165, Categories: property, Banking / Lending, Contract
J. Moore finds the county court properly entered the custody and support order, also properly valuating and dividing property in this marriage dissolution. The divorced couple agreed to the custody and support order, and no reversible error is found in the court’s failure to include a parenting plan and support calculation in the decree. Though the court awarded all property inside the marital home to the wife, this does except certain boxed property of the husband's. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: April 30, 2024, Case #: A-23-496, Categories: Family Law, property, Guardianship
J. Riedmann finds the district court properly found for the romantic partner who received funds from her partner to purchase and remodel her home. The lender signed a form stating he did not expect repayment and he voluntarily sent the funds with no discussion of repayment. The doctrine of unjust enrichment does not require a homeowner to repay funds just because the relationship has ended. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-515, Categories: Fraud, property, Contract
J. Bishop finds the district court properly divided the marital property in this marriage dissolution. The land on which the marital residence and a barn were built was acquired and paid for by the husband before the marriage. Evidence supports the land is nonmarital, although the parties jointly paid a mortgage on the property. Therefore, the wife is entitled to one-half of that marital equity. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 30, 2024, Case #: A-23-249, Categories: Family Law, property, Contract
J. Glasgow finds that the lower court improperly granted summary judgment to a series of commercial businesses in an easement dispute. A doctor sued the businesses in an attempt to secure an easement for a property the doctor was looking to develop, claims that the businesses prevailed on during summary judgment because they argued the doctor knew how hard the property was going to be to develop due to it being landlocked. But summary judgment was issued prematurely. The doctor produced expert testimony that said it was still feasible to develop on the property and that an easement was needed to access the property for those purposes. Reversed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: April 30, 2024, Case #: 57873-5-II, Categories: property
[Consolidated.] J. Jackson-Akiwumi finds that the lower court properly convicted defendant of inciting a riot in Champaign, Illinois during the weekend of unrest following the police murder of George Floyd. The panel declined to revisit the Seventh Circuit's 1972 decision in U.S. v. Dellinger upholding the Anti-Riot Act as constitutional under the First Amendment. Further, the offense is covered by the Mandatory Victims Restitution Act as an "offense against property." However, the government failed to meet its burden of showing that defendant directly caused all damages to businesses in the restitution order, so the lower court must revisit its $1.6 million restitution order. Affirmed in part.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 29, 2024, Case #: 21-2572, Categories: Constitution, Restitution, property Crimes
J. Huddle finds that the court of appeals properly ruled to dismiss a lawsuit brought by the successors of a property owner whose property was foreclosed upon and the mineral rights were sold to the owner of an oil company. Because the foreclosure of the property occurred over 20 years ago, the statute of limitations on the successors' claim has already expired. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: April 26, 2024, Case #: 22-0913, Categories: property, Public Record, Due Process
J. Hurst finds a lower court properly dismissed a property company's motion for judicial review concerning a city's denial of a development application. The property company argued that it was entitled to construct a luxury residential development on 29 acres in close proximity to a highway. However, the city sufficiently showed in court that the application did not meet the three- fourths majority vote to approve the development, and that it has discretion to deny applications that are for rezoning efforts that do not conform to local ordinances. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: April 26, 2024, Case #: 125734, Categories: Construction, property, Zoning
[Consolidated.] J. Moll finds the lower court erroneously sustained the adjacent property owner's appeal of the township's approval of a subdivision redevelopment without an environmental impact assessment. The relevant zoning procedures require only a developer submit a request for such an assessment, not that one be completed. The assessment company failed to complete the assessment as it was developing new procedures, and because the zoning laws allow the zoning commission to act without a submitted assessment, it was not improper to approve the redevelopment project. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: April 26, 2024, Case #: AC46146, Categories: Environment, property, Zoning
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. Mortensen finds that the trial court properly rejected claims for access to a road across a ranch property and quieted title in favor of the ranch. The road was not public under the dedication statute since only a small subset of the public ever had access, and they actively tried to prevent other members of the public from using it. And no convincing evidence showed a historical public use. A prescriptive easement argument also failed because the adverse mental state was belied by requests for keys and permission to access the road. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 25, 2024, Case #: 20220432-CA, Categories: property
J. Weiler finds for a company in tax liability claims for lack of evidence of civil fraud and because the partnership was entitled to a charitable contribution deduction for donating a conservation easement.
Court: U.S. Tax Court, Judge: Weiler, Filed On: April 25, 2024, Case #: 2024-52, Categories: property, Tax
J. Wood finds that the lower court properly dismissed the property owners' federal suit seeking to challenge the propriety of the village's taking of their land via eminent domain. The owners never challenged the validity of the taking in their state court action, only challenging the compensation given to them. They cannot now seek a "do-over" on their takings challenge by filing in federal court. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 25, 2024, Case #: 23-1678, Categories: property, Jurisdiction
J. Dyk finds that the claims court improperly ruled against an Indian tribe in various claims concerning water rights and water related infrastructure because the Tucker Act sufficiently establishes the U.S.'s duty to properly manage existing water infrastructure. Reversed in part.
Court: Federal Circuit, Judge: Dyk, Filed On: April 25, 2024, Case #: 2021-1880, Categories: property, Native Americans, Water
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: property, Tax, Jurisdiction
J. Freudenberg finds the district court improperly dismissed the apartment owner's complaint. The owner alleges a notary public covered under the surety company’s bond improperly altered a property deed upon which the apartment owner is a grantee, and the court dismissed for failure to join the notary as a necessary party. Commas separating "notary" from “sureties” in the guiding statute suggest the legislature did not mean to require such a claim to group the notary public and the surety together in the same action. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 25, 2024, Case #: S-23-357, Categories: Administrative Law, property, Fiduciary Duty
[Consolidated.] J. Atkins finds that the trial court should not have found for a tax sale purchaser of a property on its petition to annul judgment rendered in favor of the original owner's exception of no right of action on the purchaser's petition to confirm title. In this case, the purchaser claimed that the owner clandestinely changed the address of its property after the tax sale purchase and failed to inform the trial court, which constituted fraud or ill practices. A determination of the intent behind the owner's failure to inform the trial court that it changed its property address hinges on questions of credibility and is a question of fact which is inappropriate for summary judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: April 25, 2024, Case #: 2023-CA-0707, Categories: property, Contract
[Amended.] J. Meyer amends a previously published opinion to include the name of an additional attorney representing a neighbor in a dispute. The trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 25, 2024, Case #: 49628, Categories: property, Settlements, Attorney Fees