1,836 results for 'cat:"Property"'.
[Amended.] J. Hagen modifies a previously published opinion to hold that the Aircraft Valuation Law's valuation method does unconstitutionally intrude on the county's assessment authority. A county failed to show that state taxing authorities unconstitutionally applied the statute in taxing aircraft owned by Delta Air Lines. The state used a unitary approach to determine the property value of the aircraft and the county did not present evidence that the method was inadequate or that it violated the fair market value provision of the state constitution. Affirmed.
Court: Utah Supreme Court, Judge: Hagen, Filed On: April 18, 2024, Case #: 20210938, Categories: property, Tax
J. Ervin-Knott finds that the trial court should not have denied the original property owner's motion for a new trial on a finding for a tax sale purchaser's suit to quiet title. The purchaser did not show that the owner had been duly notified of her rights to redeem or, alternatively, nullify the tax sale. Further, there are genuine issues of material fact as to whether the city or the purchaser made diligent and reasonable efforts to notify the owner of her rights before taking her property. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: April 18, 2024, Case #: 2023-CA-0645, Categories: property, Due Process
J. Williams finds that the lower court improperly granted summary judgment to the appraisal district in this dispute over ad valorem taxes. The case concerns how certain "mobile sand silo systems should be classified for taxation purposes." The court concludes that the silos should be "reinstated in a heavy equipment account." Reversed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: April 18, 2024, Case #: 11-22-00206-CV, Categories: property, Tax
J. Stiglich finds the district court properly found for the property owner who claims his use of his property was denied. Before either property owners in this dispute acquired their land, a wall had been erected between the properties that did not follow the property line. The owner sought to have the wall removed, and the other owner filed a complaint for a prescriptive easement or adverse possession. Adverse possession could not be established, as the other owner did not pay the property taxes on the disputed property. A prescriptive easement would result in the owner's complete exclusion from the property. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 85305, Categories: property, Tax
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[Consolidated.] J. Herndon finds the district court properly determined a per se regulatory taking occurred, awarding $48 million to the landowner. The city adopted a plan reclassifying ranch land as allowing for "residential densities," along with a golf course. The owner's efforts to develop the property were rendered futile by the city's actions, supporting that the regulatory taking occurred. The court properly relied on the owner's expert's valuation to determine just compensation, and the city did not challenge the valuation or provide an alternative. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: April 18, 2024, Case #: 84345, Categories: Administrative Law, Environment, property
J. Meyer holds that 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 17, 2024, Case #: 49628, Categories: property, Settlements, Attorney Fees
J. Murphy finds the circuit court properly granted the prescriptive easement with limitations. Though the grantee says the court improperly limited use of the road subject to the easement, the limitations properly address only the historical use of dominant tenements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-22-774, Categories: Evidence, property
J. Edison examines diversity jurisdiction on remand from the Fifth Circuit Court and finds that a trustee was appointed solely to qualify for diversity jurisdiction in a property dispute with a rental company. The trustee has no special experience, he was appointed quickly with no evidence of a longstanding relationship, and the trustee duties basically involved following the direction of the trust’s lawyers. The rental company’s motion to dismiss on lack of diversity jurisdiction is granted without prejudice.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: April 17, 2024, Case #: 3:19cv249, NOS: All Other Real Property - Real Property, Categories: property, Jurisdiction
J. Hanes finds the bankruptcy court properly denied an exemption to the debtor's home - owned jointly with his wife as tenants by the entirety - from the bankruptcy estate to the extent of his outstanding tax debt to the Internal Revenue Service. Property owned as a tenancy by the entirety may not be exempted from an individual debtor’s bankruptcy estate. Affirmed.
Court: 4th Circuit, Judge: Hanes, Filed On: April 17, 2024, Case #: 22-1964, Categories: Bankruptcy, property
J. Fitzwater finds that a tobacco store did not breach its lease for advertising CBD and other products because they are legal and commonly found in tobacco stores. But the store did breach its lease for selling bongs and pipes which are specifically prohibited in the terms of the contract. Summary judgment is granted to the tobacco store on the CBD claims, as well as to the property owner on the bong and pipe claims. The court grants the tobacco store leave to file an opposition response to summary judgment granted to the owner.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 17, 2024, Case #: 3:23cv781, NOS: Other Contract - Contract, Categories: property, Contract
J. Abramson finds the circuit court properly found in favor of the homeowner, who claims the insurer wrongfully denied her fire-damage claim for her not residing in the house at the time of the fire. The applicability of the policy's residency requirement to the “residence premises” definition is ambiguous. Without applying the requirement, the policy covers the claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 17, 2024, Case #: CV-22-579, Categories: Insurance, property
J. Harrison finds the circuit court properly denied the attorney's claim for legal fees. The attorney sought fees from the estate of his deceased brother's deceased wife for long-term legal work he claims to have provided "on loose payment terms." The deceased brother lost the contract suit he brought against his wife alleging her failure to pay him for property sales. There is substantial evidence the attorney was paid. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-212, Categories: property, Attorney Fees, Contract
J. Hanni finds the trial court erroneously granted the landowners' motion for partial summary judgment. This court's previous remand order required the owners prove damages stemming from the natural gas company's failure to follow certain title notice procedures - a burden they failed to meet. Reversed.
Court: Ohio Court Of Appeals, Judge: Hanni, Filed On: April 16, 2024, Case #: 2024-Ohio-1436, Categories: Evidence, property, Real Estate
J. Thomas finds that the circuit improperly ruled in takings claims contending plaintiffs' property was flooded after the state diverted flood waters to keep roads clear because the court misinterpreted statute as prohibiting plaintiffs from bringing the claim against the state. Reversed.
Court: US Supreme Court, Judge: Thomas, Filed On: April 16, 2024, Case #: 22-913, Categories: property
J. Wright finds that the lower court improperly awarded improperly awarded the ex-girlfriend $17,000 in attorney's fees in a dispute over the sale of a home. The ex-boyfriend's conduct during litigation did not amount to vexatious behavior, and the amount of fees should only be determined by the amount of work the attorney conducted towards the partition suit for the benefit of both parties. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 16, 2024, Case #: ED111764, Categories: property, Attorney Fees
J. Stroud finds that the trial court improperly ruled for the homeowners' association in this dispute over fines assessed for chickens certain homeowners kept on their lot because the court misinterpreted language in the community covenant to exclude chickens as household pets. Reversed.
Court: North Carolina Court of Appeals, Judge: Stroud, Filed On: April 16, 2024, Case #: COA22-919, Categories: property, Contract
J. Hess finds that the lower court properly granted the plaintiff property owners a prescriptive easement over defendant's property to access their property. Substantial evidence supports the plaintiff's position that their use of defendant's property was adverse from 1999 to 2019. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: April 16, 2024, Case #: ED111508, Categories: property
J. Fitzwater orders a city that subpoenaed information from another city that is a non-party in the underlying case to meet and confer with the non-party city to reduce the scope of the request. Subpoenas of non-parties must not be overly burdensome but, because the information sought may be of value to the case, the non-party city’s motion to quash is denied at this time.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 16, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, property, Discovery