1,836 results for 'cat:"Property"'.
J. Diaz finds the lower court properly granted judgment to the homeowner. The owner and the county have been embroiled in litigation over whether her large vacation home, boasting 24 bedrooms, 25 bathrooms, and a pool, complies with county and state zoning requirements. A recent amendment to North Carolina’s state zoning law meant the home now complies with county and state requirements. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 17, 2024, Case #: 22-1785, Categories: property, Zoning, Housing
J. Méndez-Miró grants the corporate petroleum franchisor's motion for default judgment. The franchisor is the lessee and sub-lessor of the parcel of land and gasoline service station for which it is exclusively authorized and licensed to use the TOTAL gasoline products brand. The franchisee and owner of the land on which the gas station sits claims entitlement to operate pursuant to a purported lease executed without the franchisor's consent, transferring its rights and obligations to a third party. The franchisor never consented to the transfer, and the transferee's use of its brand logos is an infringement. The transferee has also failed to operate the gas station, and this constitutes dilution by tarnishment.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: May 16, 2024, Case #: 3:19cv1935, NOS: Trademark - Property Rights, Categories: property, Trademark, Contract
J. Kemp finds the circuit court improperly found that Arkansas gross receipt and tourism tax statutes applied to the online travel companies, making them liable for unpaid taxes. The companies provide an intermediary service and do not rent, lease, or furnish rooms under the plain meaning of the relevant statute. Reversed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: May 16, 2024, Case #: CV-23-416, Categories: property, Tax
J. Schock finds that the district court properly awarded default judgment in favor of the parents to partition joint tenancy property against the son. The son failed to present any arguments before the default judgment was entered and his allegations on appeal are not preserved or reviewable on the merits. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: May 16, 2024, Case #: 2024COA55, Categories: property, Settlements
J. Mortensen finds that the trial court properly rejected a property owner's trespass and quiet title claims over its neighbor's use of a road. No issues of fact precluded summary judgment on the owner's challenge to the neighbor's implied easement claim. A unity of title was followed by obvious severance, the neighbor needed the road to supply its manufacturing business and the neighbor's use of the road was continous. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: May 16, 2024, Case #: 20220785-CA, Categories: property
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Per curiam, the appellate division finds that the lower court properly found for the city in a dispute over its finding that the property owners received an overpayment on their Build it Back Better Grant, a Superstorm Sandy disaster recovery program, and must repay $222,000. The property owners made an inaccurate claim of the amount of insurance proceeds they received, violating their obligations under the terms of the grant. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02761, Categories: Administrative Law, property
Per curiam, the Supreme Judicial Court of Massachusetts upholds the denial of a homeowner’s motion to vacate a judgment, to amend a complaint and to impose sanctions against mortgage servicers and their counsel. The homeowner fails to demonstrate extraordinary circumstances warranting the relief that he seeks. Affirmed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 16, 2024, Case #: SJC-13459, Categories: property, Housing, Foreclosure
J. Hull finds that the trial court properly denied a petition filed by school districts seeking to continue receiving pass-through property tax payments after the 2012 dissolution of redevelopment agencies. The redevelopment agency was required to pay the school districts according to one of two statutory schemes, but not both. Since the parties had entered agreements with payment caps, the obligation to make pass-through payments ended when the payment caps were reached. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: May 16, 2024, Case #: C097429, Categories: Education, property, Tax
J. Ross enters judgement in favor of CIT Bank, an online bank that provides home mortgages, on a family trust’s quiet title action seeking to discharge a mortgage on a Brooklyn property, finding the foreclosure action against the property’s previous owner, first filed in 2011, had not been terminated by the time the trust purchased the property in 2019.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: May 15, 2024, Case #: 1:22cv7376, NOS: All Other Real Property - Real Property, Categories: property
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. Bokor finds the trial court improperly granted summary judgment to the lessee in a dispute with a neighboring property owner over a public-private agreement they entered with the city to redevelop a waterfront area in Miami, and a previous opinion in this case is withdrawn and replaced. Because genuine issues of fact exist as to whether the lessee was entitled to make improvements to a public roadway on the owner's property and whether the lessee made false representations to get the owner to sign one of the relevant contracts, summary judgment should not have been granted, particularly as pertains to the owner's fraud claims. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 21-0806, Categories: Fraud, property, Contract
J. Chambers grants the property owner's motion to remand the property dispute case and denies without prejudice the gas transmission company's motion to dismiss. Because there is no federal question jurisdiction here, the action is remanded to the Circuit Court of Putnam County, West Virginia.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: May 15, 2024, Case #: 3:23cv704, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, property, Jurisdiction
J. Pratter grants a property seller’s motion to dismiss a buyer’s conspiracy suit for failure to establish a conspiracy claim in a property transfer dispute. The matter at hand involves just a $2,000 sum, so this is a matter for a state court, not this federal court.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: May 15, 2024, Case #: 2:23cv1188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: property, Jurisdiction, Contract
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. Hall grants the citizen's motion to dismiss a civil rights and breach of contract action brought by the individual arising from a dispute over a property easement. The individual claimed the citizens made misrepresentations with respect to a third party's interest in his property and then gave the property to the third party. The individual failed to sufficiently allege his citizenship and failed to show that the instant court has diversity or subject matter jurisdiction over his claims. The individual's claims arise from state property law and do not involve federal law.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: May 14, 2024, Case #: 1:23cv131, NOS: All Other Real Property - Real Property, Categories: property, Jurisdiction
J. Thacker finds the lower court improperly granted judgment to the pipeline. The pipeline project acquired easements on properties along the pipeline’s route through condemnation actions pursuant to the Natural Gas Act. The property in question was encumbered by temporary and permanent easements on 8.37 acres. After the lower court granted the project immediate possession of the easements, the case proceeded to a jury trial to determine the amount of just compensation owed. After hearing from various appraisers, the jury rendered a $523,327 verdict. The lower court agreed with the project that the verdict resulted from the jury improperly mixing expert testimony. The jury’s $523,327 verdict can be supported by credited testimony without mixing different land use valuations, as the lower court assumed. Reversed.
Court: 4th Circuit, Judge: Thacker, Filed On: May 14, 2024, Case #: 23-1532, Categories: Energy, Jury, property
J. Wilson finds that the trial court properly divided the parties' community property when it ordered the ex-husband to make an "equalization payment" to the ex-wife. Since no findings of fact and conclusions of law were made regarding the value of the assets of the community estate, there is no way to determine whether the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 14, 2024, Case #: 14-22-00683-CV, Categories: Civil Procedure, Family Law, property
Per curiam, the Ninth Circuit denies a petition for a rehearing en banc before the full court after the district court properly denied a preliminary injunction to a nonprofit challenging a land exchange that would allow copper mining to begin on land that Apache Native Americans consider sacred. The opinion, originally filed on March 1, 2024, has been amended and no further petitions will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 14, 2024, Case #: 21-15295, Categories: Civil Rights, property, Native Americans
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. Winmill denies individuals' motion for partial summary judgment on their negligence claim that a fire was started by negligently stored wood-staining rags in a building in which the individuals stored their car and other personal possessions, which were damaged. The fire department determined that the rags were the "most likely cause" of the fire, but listed the "cause of ignition" as "under investigation" and noted that their investigation of the building's electrical components was "inconclusive findings for cause." The cause of the fire is material and genuinely disputed
Court: USDC Idaho, Judge: Winmill, Filed On: May 13, 2024, Case #: 2:23cv441, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Civil Rights, property, Negligence
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. Cabret finds the superior court erred in its judgment in a dispute between a property owner and a former tenant over a land contract for the purchase of multiple plots on the owner's property. With its order for a judgment of $283,945 in favor of the property owner, the superior court improperly reduced the owner's damages based on the premise that she violated the parties' 2011 agreement, including by the manner in which she collected rent payments from a different tenant. The owner is entitled to collect the entirety of the debt the former tenant owes, so the portions of the superior court's judgment finding in the tenant's favor on his counterclaims is reversed and the matter is remanded to calculate the owner's total damages. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: May 10, 2024, Case #: 2024 VI 22, Categories: Landlord Tenant, property, Contract