63 results for 'cat:"Government" AND cat:"Property"'.
J. Pitman denies property owners’ motion for a preliminary injunction barring enforcement of a short-term rental ordinance in Volente, Texas. The owners raised a variety of complaints with the ordinance, such as arguing that rules prohibiting outside activities past 10 p.m. violated freedom of assembly rights. The ordinance “abides by a well-trodden principle in property law: that ‘all property in this country is held under the implied obligation that the owner’s use of it shall not be injurious to the community.’”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 13, 2024, Case #: 1:23cv1246, NOS: Constitutionality of State Statutes - Other Suits, Categories: government, property
J. Kitchens finds the 2001 public dedication of the subdivision's road as public roadways, as well as the county's refusal to levy taxes on the property and their continued use by members of the general public, renders the roads public and requires the county to pave and maintain them. Although the roads were not officially added to the registry, the minutes of the 2001 council meeting are an official document that effectuated transfer of the roadways to the care of the county. Affirmed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: May 9, 2024, Case #: 2022-CA-1227, Categories: government, property, Transportation
J. Volk grants the deputy state auditor's motion for summary judgment in the deceased woman's civil rights suit. She claimed that her due process rights were violated when the deputy auditor conveyed deeds to two parcels of her property to a man who bought them at sales for unpaid taxes without first conducting an exhaustive search of publicly available records of her current address when prior right-to-redeem notices were returned as unclaimed. The deputy auditor is entitled to qualified immunity since "he could not have been expected to forecast the duty here imposed, which appears nowhere in the statute governing his authority nor decisional law."
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: May 9, 2024, Case #: 1:21cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, government, property
J. Wilkin finds the trial court properly granted the Department of Forestry's motion to quiet title. Its expert witness established property boundaries for the state park and the neighboring landowner, including former boundary agreements and markers on the disputed land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: May 7, 2024, Case #: 2024-Ohio-1842, Categories: government, property, Experts
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Surrick grants the treasurer of Pennsylvania’s motion to dismiss a class action suit alleging that Pennsylvania’s Disposition of Abandoned and Unclaimed Property Act, wherein the state treasurer takes custody of certain property deemed “abandoned and unclaimed,” violates the takings clause of the Fifth Amendment of the U.S. Constitution. The government does not need to compensate an owner for the consequences of their own neglect.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: May 3, 2024, Case #: 2:22cv1852, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, government, property
J. Bland finds that the court of appeals improperly ruled in favor of a couple's estate in a Medicaid dispute arising out of the denial of assistance from the Texas Health and Human Services Commission. The couple argues that despite their living in an assisted living facility, their shared financial interest in real property should add to their resources. The court of appeals accepted their argument and upheld a reversal of the commission's denial. For the property to be included in the couple's resources, they would need to live in the home, as is required under federal law. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0437, Categories: government, Medicaid, property
[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. Zachary finds that the Property Tax Commission properly denied the home community's application for tax exemption as a nonprofit providing low income housing. The nonprofit only owns the land on which the manufactured homes are sitting and this does not qualify it for the exemption. Affirmed.
Court: North Carolina Court of Appeals, Judge: Zachary, Filed On: March 19, 2024, Case #: COA23-728, Categories: government, property, Tax
J. Hiraoka finds the circuit court properly determined that the owners of a beachfront lots were not owed compensation for state’s taking of the properties as public lands. The lots were sold to the owners with the caveat that the lots were limited to non-residential use and should be open for public beach access. The circuit court did not disregard the law as it did acknowledge that the state had temporarily taken the land for the nine years between the law that established the taking and the subsequent legislative act repealing a portion of it.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: March 17, 2024, Case #: CAAP-19-776, Categories: government, property
J. Kleeh adopts in part and rejects in part the one magistrate-judge's report and recommendation, and adopts in its entirety the second in the
landowners' civil rights suit claiming the deputy state auditor violated their rights to due process when he conveyed a tax deed of two lots to a woman who purchased the property in 2020 for unpaid 2019 taxes, despite her failure to notice them of their right to redeem the property. In adopting the reports and recommendations, the court denies the tax deed grantee's motion to dismiss since the statute in place at the time she acquired the property required her to provide the auditor's office a list of those to be served a notice of the right to redeem.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 5, 2024, Case #: 2: 22cv17, NOS: All Other Real Property - Real Property, Categories: Civil Rights, government, property
J. Lemelle denies summary judgment to the city of New Orleans and rules in favor of a group of property owners seeking short-term rental permits for lodging offered on internet platforms like Airbnb and Vrbo. The ruling bars the city from excluding surviving spouses and trust beneficiaries, such as adult children, as residential STR owners and operators, as their exclusion "has no lawful rational basis.”
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: February 28, 2024, Case #: 2:19dv13773, NOS: All Other Real Property - Real Property, Categories: government, property, Housing
J. Bell partially grants a group of short-term rental property owners their motion to remand this case to state court; they sued a county for allegedly violating of state and federal zoning laws. The group maintains that the county instituted an ordinance prescribing how the properties are used as a form of unfairly condemning the properties. The group’s state law claims will be remanded, but its federal claims will proceed, as the parties were unable to voluntarily resolve their dispute.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 26, 2024, Case #: 5:24cv3, NOS: Other Civil Rights - Civil Rights, Categories: government, property, Zoning
J. Tenney finds the district court properly dismissed an nivestment company’s lawsuit against the county, which denied the requested zoning change for a proposed landfill. The planning commission tabled the application due to public concerns; in the meantime, another company was awarded a conditional use permit to operate a landfill. This appeal challenges the court’s conclusions relating to the “similarly situated” and “animus” elements of equal protection. The proposals were filed at different times, and were considered by different commissioners, so they are not similarly situated. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 23, 2024, Case #: 20220433-CA, Categories: Civil Procedure, government, property
J. Kim finds that the trial court properly ordered a city to exempt, from coastal development permit requirements, the property owners’ proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. The property owners argued they were entitled to a permit 60 days after completing the application. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 22, 2024, Case #: B323731, Categories: Civil Procedure, government, property
J. O’Rourke finds that the trial court improperly denied the property developer’s request for a writ of mandate requesting the county board of supervisors’ decision granting the administrative appeals, requiring the preparation of an Environmental Impact Report directing them to affirm the zoning administrator’s guidelines. The trial court found the staff agreed that the project qualified for an exemption under the guidelines, stating it was “inconsistent with the existing record.” This court directs the trial court to grant the petition and issue a peremptory writ of mandate. The county must set aside its decision requiring the preparation of an EIR, and the property developers shall recover its costs for this appeal. Reversed.
Court: California Courts Of Appeal, Judge: O’Rourke, Filed On: February 16, 2024, Case #: D081124, Categories: Environment, government, property
J. Parker grants, in part, the city's motion for summary judgment, ruling the lessees of the basement condo units became aware of flood damage caused by the remodeling of an adjacent parking lot in July 2020 at the latest and that their takings claims did not require structural damage to the building to accrue. Therefore, their takings claims are barred by the two-year statute of limitations. Although flooding has continued on an intermittent basis since the remodeling, the continuing violation doctrine is inapplicable because all of the flooding was caused by a single, discrete event - the construction work at the parking lot - and so the statute of limitations clock was not tolled at any point.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: February 15, 2024, Case #: 1:22cv1007, NOS: Torts to Land - Real Property, Categories: Civil Procedure, government, property
J. Knepp grants the village's motion to dismiss, ruling the unlawful takings claim filed by the quarry owner must be dismissed for failure to state a claim. The owner fails to identify a property interest other than the property itself, which the owner concedes it will be compensated for through appropriation proceedings.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: February 12, 2024, Case #: 3:22cv2282, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, government, property
J. Mollway rules on several motions in limine in a lawsuit over the state reverting a property from urban to agricultural use and preventing a developer from using it. For example, several motions related to evidence of the developer’s contractual damages are granted as they are irrelevant to its taking claims. Motions and evidence that remains include information about the reverting order and testimony about the property value.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 6, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: government, property, Zoning
J. Lynch finds the lower court properly granted the city's motion for summary judgment because the widening of an intersection was a valid exercise of the town's governmental power that prevents the power company from seeking any reimbursement for expenses related to its moving of various power lines and other equipment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: February 5, 2024, Case #: 2024-Ohio-399, Categories: government, property
J. Blake denies a recovery center’s motion for partial summary judgment in this complaint of Fair Housing Act, Section 504 of the Rehabilitation Act and Americans with Disabilities Act violations after an application for a use and occupancy permit was denied by the city. The center alleges it was denied due to discriminatory beliefs of the future residents from community opposition. No reasonable finder of fact could find that discrimination was the sole reason to deny the application. The court grants, in part, the city’s cross motion for summary judgment. The finder of fact could find the decision to enforce the city code was arbitrary and irrational. Therefore, the court denies all claims for both parties except the Rehabilitation Act for the city.
Court: USDC Maryland, Judge: Blake, Filed On: February 1, 2024, Case #: 1:21cv1774, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, government, property
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
J. Powers finds the Land Use Board of Appeals properly concluded that Lincoln County’s order establishing geographic subareas for short-term rental (STR) licenses and establishing limits on the number of STR licenses in each subarea was not a land use decision for purposes of LUBA jurisdiction. “Petitioners’ arguments…do not provide any reason to disturb LUBA’s decision.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: December 28, 2023, Case #: A182468, Categories: government, property
J. Watson finds in favor of the alliance in its case against Honolulu challenging an amendment to an ordinance to increase the minimum rental period for a non-resort property from 30 to 90 days, which effectively outlaws rentals of 89 days or less. The ordinance violates a state zoning law restricting counties from passing zoning ordinances that conflict with prior lawful uses. The resulting permanent injunction enjoins the City and County of Honolulu from enforcing the ordinance insofar as it prohibits 30-89 day home rentals in any district on O'ahu.
Court: USDC Hawaii, Judge: Watson, Filed On: December 21, 2023, Case #: 1:22cv247, NOS: Other Civil Rights - Civil Rights, Categories: government, property, Zoning
J. Ortega finds the Land Use Board of Appeals (LUBA) properly dismissed an appeal of a land use decision made by the Klamath County Board of Commissioners because the deadline to file and serve a corrected notice of intent to appeal had passed. “Petitioners’ failure to file and serve a corrected NITA when ordered to do so was not viewed by LUBA as a technical violation but as a jurisdictional defect in service.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: December 20, 2023, Case #: A182303, Categories: government, property
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