1,836 results for 'cat:"Property"'.
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
J. Walker reverses in part the lower court's order granting injunctive relief to the city for enforcement of a combined $198,150 fine against the construction company and its owner for building and fire code violations issued by the city's municipal court the previous August, and appointment of a special commissioner to oversee sale of the building the construction company used as a rental unit. While the judge did not abuse her discretion by granting the city's request for injunction for enforcement of the judgments, she erred by appointing the special commissioner to move forward with sale of the building without the issuance and return of a writ of fieri facias. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: April 25, 2024, Case #: 22-0503, Categories: Municipal Law, property, Enforcement Of Judgments
J. Mooney finds the trial court properly granted an industrial property seller's motion for directed verdict in a case involving an active underground storage tank. The buyer “had actual knowledge of the existence and location of the UST prior to the purchase.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178469, Categories: property
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J. Kelly finds that the trial court improperly ruled against the owner of an oil and gas company in a leasing case brought by a holdings firm. The trial court found that the lease had been terminated due to lack of production. The trial court's decision was in error because fact issues remain on whether production had totally ceased on the tract of land. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 24, 2024, Case #: 03-22-00478-CV, Categories: property
J. Chehardy finds that the trial court should not have enforced the husband's motion to enforce the settlement agreement related to the parties' partition of community property. In this case, there is no settlement document outlining the obligations of the parties or their acquiescence to its terms, and the exchange of text messages and emails between counsel did not create an enforceable settlement agreement between the parties. Further, the wife should not have been sanctioned for refusing to sign the settlement agreement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-471, Categories: property, Settlements, Contract
J. Thierry finds that the trial court improperly granted the landowners a preliminary mandatory injunction against the mineral lessee regarding their dispute over a right-of-way agreement for the property. The Louisiana Supreme Court ruled that a preliminary mandatory injunction is not an available form of relief in the state, and neither the landowners nor the mineral lessee stipulated to consolidate the preliminary injunction hearing and the permanent injunction hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 24, 2024, Case #: CA-23-326, Categories: property, Injunction
J. Rodriguez mostly adopts a magistrate judge’s recommendations and grants a loan company’s motion for summary and default judgment after it was sued by a homeowner seeking to stop a foreclosure. That company, which countersued to quiet title, is the valid owner of the property and is “authorized to enforce the power of sale through foreclosure.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 24, 2024, Case #: 5:22cv1234, NOS: Foreclosure - Real Property, Categories: property, Real Estate, Foreclosure
J. Pirtle finds the county court properly divided the property in this marriage dissolution. Real estate conveyed to the couple by the ex-husband's parents was correctly found to be marital property, and the ex-husband was not entitled to a credit for the value of a vehicle that was paid off with proceeds from his workers compensation settlement. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-283, Categories: Family Law, property, Workers' Compensation
[Consolidated.] J. Recketenwald finds the lower tax court properly granted summary judgment to Maui County in a challenge by timeshare managers who say the county unfairly taxed timeshare visitors by creating a tax classification separate from existing hotel taxes. The creation of a timeshare tax classification is constitutional because it acts as a real property tax and does not actually tax individual timeshare unit users. “The Time Share classification and its rate act as a tax on real property based on the assessed property value, whereas the (transient accommodation tax) is a tax assessed on individual visitors and the value of their stay.” Affirmed.
Court: Hawai'i Supreme Court, Judge: Recketenwald, Filed On: April 23, 2024, Case #: SCAP-22-587, Categories: Government, property, Tax
J. Jewell finds that the trial court properly ruled in favor of the seller of a property in a bill-of-review action involving a dispute over a private transfer fee. The trustee's argument that it was not served in the "proper capacity" in the prior suit lacks merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 23, 2024, Case #: 14-23-00092-CV, Categories: Civil Procedure, property
J. Hodge finds that the trial court properly held that defendants possess a valid easement for vehicle access to a property because the easement had been created prior to their ownership with the proper authority. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: April 23, 2024, Case #: 2023-0015, Categories: property
J. Hendrickson finds the lower court properly granted the pesticide application company's motion for summary judgment on the vineyard's negligence claim. The weather conditions at the time of the pesticide application on a neighboring farm exceed the scope of a juror's knowledge and required expert testimony on the part of the vineyard. However, because the vineyard presented expert testimony that conflicted with the pesticide company's testimony about breaches of application labels, a genuine issue of fact prevented judgment on its negligence per se claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: April 22, 2024, Case #: 2024-Ohio-15323, Categories: property, Negligence, Experts
J. McNeill finds that the lower court properly held that a gas company had the right to condemn plaintiff's property to construct a natural gas pipeline because the conservation easement did not protect the land from eminent domain since the action concerned public use and plaintiff received proper compensation.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: April 19, 2024, Case #: 2023-CA-0458-MR, Categories: Energy, property
J. Mize finds the trial court properly denied the defendant’s motion to suppress evidence obtained of his bag obtained during a warrantless search. He lacks a standing to contest the search of the bag because it was abandoned on residential property, and he relinquished any expectation of privacy. Affirmed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: April 19, 2024, Case #: 6D23-1787, Categories: Criminal Procedure, Search, property
J. Fox finds that the lower court properly ruled in favor of a town in a quiet title dispute where a man claims the city took possession of a property lot he lived next to and in which he stored various items. He was not able to show that his use of the lot was "sufficiently hostile" enough to establish a claim for adverse possession, due in large part to the fact that he was given permission to use the lot in the first place.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: April 19, 2024, Case #: 22-1438, Categories: property
J. McHugh finds that a group of conservationists lack standing to challenge a series of agency decisions related to an easement for a property in Rio Grande National Forest that has been selected to become a ski resort village. The groups take issue with a series of biological opinions and other documents that were approved by the agency to green-light development of the project and a land exchange that would help make the property more accessible in the wintertime, but their claims lack merit. They have not been able to show any evidence of major errors in the documents, and even if they were able to show error, there is nothing on the record that suggests the error would have been harmful enough to justify tossing the entire development project. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: April 19, 2024, Case #: 22-1438, Categories: property, Agency
J. Smith grants a buyer leave to amend breach of contract claims concerning the sale of real property because the buyer sufficiently claimed that the original contract was breached when the U.S. changed the closing date.
Court: Court of Federal Claims, Judge: Smith, Filed On: April 18, 2024, Case #: 23-1182, Categories: property, Contract