61 results for 'cat:"Property" AND cat:"Due Process"'.
J. Fernandez finds the trial court erred in granting summary judgment to the clerk of court, tax collector and property purchaser in a lawsuit over the sale of the property owner's Miami condo at a tax deed sale. The owner's due process rights were violated by not being given notice of the tax deed sale where the purchaser bought the Miami condo, where the owner had not lived for years while mostly residing and receiving medical treatment at an apartment in New York City. The case is remanded for the trial court to grant summary judgment to the owner and cancel the tax deed sale. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 15, 2024, Case #: 22-1033, Categories: property, Tax, due Process
J. Worthen denies the property occupants' request for a writ of mandamus. The occupants seek to challenge the order of possession, the denial of their motion to reduce the bond, and to stay issuance of the writ of possession. The occupants have failed to establish the court improperly set the amount of the supersedeas bond at $7,500 and overruled the motion to reduce the bond and stay proceedings. The occupants had sufficient information upon which to exercise discretion. Based upon their income, expenses, personal property, and evidence of resale and rental values of the premises, a bond of $7,500 would not subject them to economic harm and was necessary to protect property owner.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 15, 2024, Case #: 12-24-00076-CV, Categories: Landlord Tenant, property, due Process
J. Riedmann finds the county court improperly calculated the ex-wife's income in this divorce proceeding. The record does not support the wife's income as an elementary school teacher gives her an income of more than $6,000 per month. The court improperly included in its calculation an Air Force education liaison position for which the ex-wife applied but was not awarded. Being that the ex-wife is employed, the $1 per month the court awarded in alimony shows no abuse of discretion. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-398, Categories: Family Law, property, due Process
J. Brennan finds that the lower court improperly dismissed an energy company's suit challenging an increase in the tax assessment for two properties on which it is developing a natural gas fueled power generation plant. The company was never sent notice of the proposed reassessment for one parcel, so it is excused of its failure to exhaust its administrative remedies. However, it was properly given its due process rights as to the second parcel. Reversed in part.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: May 9, 2024, Case #: 220328, Categories: property, Tax, due Process
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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. 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
Per curiam, the Vermont Supreme Court finds the trial court properly awarded summary judgment to an estate regarding two neighboring properties. The citizen argues there was a conspiracy to deny him and his family of their right by several attorneys, but that is irrelevant to this appeal. He lacks merit to prove he was deprived of his right to a jury trial. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-341, Categories: property, due Process
J. Cassel finds the district court properly declared the land holdings company's tax deed void. The company purchased the tax certificate after the property owner failed to pay delinquent taxes. The owner filed suit after his attempt to redeem the property was denied, alleging a failure to comply with notice requirements, and seeking to quiet title in his name. The company failed to comply with notice requirements that “[p]ersonal or residence service” allows for certified mail service only in limited circumstances. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: April 5, 2024, Case #: S-23-360, Categories: property, Tax, due Process
J. Golemon finds the trial court improperly found for a compan that says it holds a final money judgment and a writ of execution on certain property sold at auction, though the purchaser says he was entitled to the $35,000 in auction proceeds as a bona fide purchaser for value with no notice of the judgment. The purchaser has established he is a bona fide purchaser as a matter of law and entitled to the proceeds deposited in the court's registry. Reversed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: April 4, 2024, Case #: 09-22-00099-CV, Categories: property, due Process
J. Thyer finds the county court properly entered a default judgment against the party in possession of the Corvette. The party in possession refused to return the car to the owner and the court ordered its return based on the evidence. The possessor defaulted by filing a late answer, and the owner was also awarded damages for storage fees, rental value and attorney’s fees. The possessor did not defend her late answer, and the evidence supports the damages award and fees. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 21, 2024, Case #: CV-23-109, Categories: property, Damages, due Process
J. Gladwin finds the county court properly ruled in favor of the particular estate on claims of unjust enrichment and to quiet title regarding a dispute over the ownership of real property. The other estate says an agreement of ownership was reached by the brothers before their deaths. The appeal turns on the date that a deceased and surviving brother's claims accrued, not the deadline triggered by that accrual. Evidence supports the court’s finding the claims accrued when a widow repudiated her deceased husband’s agreement with his brothers. The claims of those brothers' estate would be considered timely under either deadline. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 21, 2024, Case #: CV-22-405, Categories: property, Wills / Probate, due Process
J. Hixson dismisses this appeal of the circuit court's finding in favor the estate. The decedent's parents say the court improperly ordered them to sell real property described in a warranty deed reserving a life estate and involved in an agreement to transfer a remainder interest in the property to their son. The circuit court awarded damages relating to certain property, but not to other certain property. The appeal is dismissed for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 24, 2024, Case #: CV-23-193, Categories: property, Wills / Probate, due Process
J. Zilly stays a portion of the Korean restaurant's case accusing the city of not answering the restaurant's calls for help for the Capital Hill Occupying Protest's foreseeable issues involving property damage, loss of business revenue and violent crime. The restaurant's claims for substantive due process, taking and negligence are dismissed with prejudice. The remainder of the case is stayed pending a ruling by the Washington Supreme Court in "Campeau v. Yakima HMA LLC."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 17, 2024, Case #: 2:23cv540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, property, due Process
J. Ceresia finds that the lower court properly dismissed due process and equal protection claims brought after a business was denied a special use permit to renovate property for auto sales, rentals, and repairs. The business failed to serve the city or individual residents who opposed the project for likely impacts on pedestrians, and claims were prematurely brought against county officials since a mere advisory opinion had been entered on the need for sidewalks. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 11, 2024, Case #: CV-22-2128, Categories: property, due Process, Equal Protection
J. Hixson finds the trial court properly found in favor of the adjacent landowner in this property dispute. The ATV recreation park, which leases land from the logging company, has designed riding trails that cross onto the adjacent owner's property, utilizing a road that was previously undisputed. Although the park's managing member testified that he has maintained the road for more than 20 years, the adjacent landowner says he became aware of the park's use of it only within the last two years. The managing member's overt activity did not satisfy the necessary 7-year statutory period for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 10, 2024, Case #: CV-23-39, Categories: Environment, property, due Process
J. McHugh grants Philadelphia’s motion to dismiss a self-representing litigant’s complaint against the Licenses and Inspections Department for failing to back his eviction of tenants from a property, which his late mother owned, due to raw sewage in the basement. The litigant failed to state a claim for the department’s violations of his rights to due process or equal protection.
Court: USDC Eastern District of Pennsylvania, Judge: McHugh, Filed On: December 22, 2023, Case #: 2:23cv4651, NOS: All Other Real Property - Real Property, Categories: property, due Process, Equal Protection
J. Hiraoka finds the lower court improperly denied reconsideration on the default of a lease as requested by a Department of Hawaiian Home Lands lessee because the order cancelling his lease was served by regular mail rather than first class mail. The court did not hold an evidentiary hearing to confirm when the lessee had actually received the document. The appeal was therefore timely, as it had been filed within the timeframe counting from when the lessee actually received the order, months after it was initially filed. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: December 20, 2023, Case #: CAAP-20-434, Categories: property, due Process, Foreclosure
[Consolidated] J. Freudenberg finds the district court properly reversed and vacated the natural resources district board of directors’ determinations that certain landowners violated ground water management rules. The district’s attorneys were involved in the decision-making process of the case after exercising both investigative and prosecutorial roles, violating the landowners’ due process right to an impartial tribunal. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: December 15, 2023, Case #: S-23-169, Categories: property, Water, due Process
J. Guirola grants a city’s motion for summary judgment against claims of violating a hotel owner’s due process rights when declaring the property a menace to "public health, safety and welfare." The city did not violate the owner's due process since it gave her an opportunity to appear at a hearing, and it was justified in trying to protect the health and safety of its citizens.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: December 14, 2023, Case #: 1:23cv63, NOS: Other Civil Rights - Civil Rights, Categories: property, Zoning, due Process
J. Stiles finds that the trial court properly ordered the ex-husband to pay the ex-wife $115,936 as an equalizing payment relating to the partition of the community property. The ex-husband's argument that the trial court should have given him more assistance since he was a pro se litigant is without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: December 6, 2023, Case #: CA-23-299, Categories: Family Law, property, due Process
J. Worthen conditionally grants the petition for a writ of mandamus challenging the trial court's order that the relator appear for a presuit oral deposition to enable the real party-in-interest properties company to investigate a potential claim against her. Though the properties company has withdrawn its petition for deposition, there is no evidence in the record the court has withdrawn the order.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: November 21, 2023, Case #: 12-23-00275-CV, Categories: property, due Process
J. Pirtle finds the trial court properly dismissed the home purchaser's suit alleging defective notice after she defaulted on the loan and the property was conveyed to another purchaser who initiated a forcible entry and detainer action. A lender generally does not owe a duty to its borrower, and the borrower did not state sufficient facts or law to support her causes of action, including negligence and misrepresentation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: November 14, 2023, Case #: A-19-121, Categories: property, due Process, Banking / Lending
Per curiam, the court of appeals finds the circuit court properly affirmed in favor of the planning commission regarding fines imposed on a citizen’s guest house he used as a transient vacation rental. The citizen argues the property’s right to be rented was grandfathered in, but the zoning permit for the house never had a lawful rental use that could have been grandfathered.
Court: Hawai'i Court Of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: CAAP-17-540, Categories: property, due Process
J. Cadish finds the district court properly denied the petition for judicial review contesting the county planning commission’s approval of the property owner's petition that the county abandon a portion of a road adjacent to his property that encroached into a cul-de-sac. Though other property owners say that delivery and emergency vehicles would be hindered by the abandonment, evidence that the road’s width will not be changed supports the approval of the abandonment and the county’s affirmation of the approval. The court did not abuse its discretion in striking filings as it has inherent authority to do so. Any existing easements can be easily relocated and all opportunity for hearing has been given. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 30, 2023, Case #: 84611, Categories: Municipal Law, property, due Process