20 results for 'cat:"Property" AND cat:"Immunity"'.
J. McDonald finds that the lower court properly allowed a foundation to continue claims concerning the ownership of property and historical artifacts displayed in the official residence of the Iowa governor because the state waived immunity upon voluntarily creating legal relationships with private citizens and the foundation. Affirmed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: May 3, 2024, Case #: 22/1995, Categories: property, immunity
J. May finds that the lower court properly held that the city was immune from negligent hiring claims contending an unqualified employee's inspection of a privately owned building precipitated a lawsuit after a woman fell down a set of stairs because the woman failed to prove city misconduct. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: May 3, 2024, Case #: 23-0917, Categories: property, immunity, Negligence
J. Harris finds that trial court improperly dismissed a developer's counterclaim seeking to relocate a utility's guy wires away from a parcel where it was building a home. Further proceedings are required to allow the developer's experts to opine on matters that had been fairly disclosed. Vacated in part.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: March 21, 2024, Case #: 20210935-CA, Categories: property, immunity, Experts
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J. St. Eve finds that the lower court properly dismissed an Indiana citizen's Takings Clause claim based on the state's failure to pay interest accrued on property while it was in state custody. The specific relief sought in this case is now moot, as Indiana has since passed a law requiring payment of interest on all property recovered under the Revised Indiana Unclaimed Property Act. Further, the citizen cannot seek compensation in federal court from Indiana official defendants due to Eleventh Amendment immunity. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 6, 2024, Case #: 23-1792, Categories: Constitution, property, immunity
[Consolidated.] J. Stark denies plaintiff's renewed motion seeking to attach shares held in CITGO, which is owned by Venezuela's state oil company, in a $17 million Florida judgment finding that Venezuela absconded with rare documents and artifacts of the South American General Simon Bolivar. Plaintiff failed to establish an exception to execution immunity under the Foreign Sovereign Immunities Act since Venezuela maintained immunity throughout the Florida litigation.
Court: USDC Delaware, Judge: Stark, Filed On: February 15, 2024, Case #: 1:17cv151, NOS: Other Statutory Actions - Other Suits, Categories: property, immunity, Jurisdiction
J. Jackson grants a request by the Army Corps of Engineers to dismiss landowners' claims seeking to reverse its denial of a retroactive permit for their recreational pond, arguing its reforestation plan would cost them $1 million to implement. The district court lacks jurisdiction, as the federal government cannot be sued under state law absent an unequivocally expressed waiver of sovereign immunity.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 5, 2024, Case #: 3:21cv478, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, property, immunity
J. Stegner finds that the trial court must revisit a property owner's claim that a city is liable for damage caused to its property when an excavator damaged the city's sewage lateral. The Underground Facilities Damage Prevention Act does not preclude standing for end users to bring claims against the city as an underground facility owner. A jury must determine if the city violated the duty created by the Act and is liable for negligence per se, or whether the city had a common law duty and is liable for negligence. Also, it was premature to grant the city discretionary function immunity before resolving the fact questions related to duty. Reversed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: December 20, 2023, Case #: 49562, Categories: property, immunity, Negligence
J. King finds the district court improperly allowed the Texas residents to seek prospective relief against state employees involved in the state's taking of their unclaimed property. The residents have not demonstrated standing to seek prospective relief and have not met their burden to proceed with constitutional claims under the immunity exception. Reversed.
Court: 5th Circuit, Judge: King , Filed On: November 16, 2023, Case #: 22-50828, Categories: Constitution, property, immunity
Per curiam, the circuit finds the lower court properly dismissed the homeowners' tort claims against the federal government for property damage sustained after the failure of the Edenville Dam. The Federal Power Act shifts all liability onto the operators and licensees of hydroelectric power plants and, therefore, the government was entitled to sovereign immunity. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 22-1590, Categories: Energy, property, immunity
J. Bates grants a motion to dismiss filed by a Hungarian asset management company, a university and three art museums on a family's action to recover an art collection that was seized during the Holocaust. The family fails to show Germany was responsible for the takings, and, if their predecessors were stateless at the time of the seizure, the family cannot show the state's taking was a violation of the international law of expropriation for jurisdictional purposes.
Court: USDC District of Columbia, Judge: Bates, Filed On: September 28, 2023, Case #: 1:10cv1261, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Civil Procedure, property, immunity
[Consolidated.] J. Garrett denies the state summary judgment in inverse condemnation claims brought after a failed dam caused flooding and property damage to nearby residents. The state was not entitled to governmental immunity, and factual allegations supported claims contending the state was aware the dam could not withstand significant rainfall. Affirmed.
Court: Michigan Court of Appeals, Judge: Garrett, Filed On: September 7, 2023, Case #: 359895, Categories: property, immunity, Negligence
J. Jones finds that the trial court properly and improperly ruled in a case arising out of a county constable carrying out a writ of execution against a property owner. The trial court applied an incorrect understanding of tort law when it dismissed the tort claims made by the property owner alleging that the seizure of their property was unlawful. However, other claims brought against the constable were properly dismissed based on governmental immunity. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: July 12, 2023, Case #: 03-22-00303-CV, Categories: property, Tort, immunity
J. Crenshaw grants, in part, the law enforcement parties' motion for summary judgment in a case involving a hold that was placed on a crashed vehicle. The vehicle owner's due process claims against the sheriff and the deputy in their individual capacities fail to overcome their qualified immunity defense.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: June 16, 2023, Case #: 2:21cv33, NOS: Housing/Accommodations - Civil Rights, Categories: property, immunity, Due Process