22 results for 'cat:"Administrative Law" AND cat:"Property"'.
J. Freudenberg finds the district court improperly dismissed the apartment owner's complaint. The owner alleges a notary public covered under the surety company’s bond improperly altered a property deed upon which the apartment owner is a grantee, and the court dismissed for failure to join the notary as a necessary party. Commas separating "notary" from “sureties” in the guiding statute suggest the legislature did not mean to require such a claim to group the notary public and the surety together in the same action. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 25, 2024, Case #: S-23-357, Categories: administrative Law, property, Fiduciary Duty
[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. Welsh finds the district court properly dismissed the property owner's complaint concerning a speed bump the other property owner installed on a private road subject to the moving party's easement. The owner failed to establish the speed bump materially interfered with use of the easement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welsh , Filed On: April 9, 2024, Case #: A-23-446, Categories: administrative Law, property
J. Worthen finds the trial court properly found for a water district. The property owner declined the district's offer to purchase an easement across a portion of their property containing a water well and the district then filed a condemnation petition. After the owner declined to respond for more than three years, the trial court granted summary judgment to the district, vesting it with the property rights, and awarding the owner $29,000. The owner made no objection at trial to the alleged deficiencies in the affidavit asserting no bona fide offer was made from the county. The owner has failed to preserve the arguments about the affidavit’s defects. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00254-CV, Categories: administrative Law, property, Water
J. Tailor finds that the lower court properly upheld the village hearing officer's decision to deny a recycling company's request for additional relocation expenses after its property was taken by the village through eminent domain. The village reasonably obtained and based its payment decision on more than one estimate, paying the company $748,000 for relocation expenses. There is no evidence that the hearing officer had any bias against the company, or that he failed to consider relevant evidence. Affirmed.
Court: USDC Southern District of New York, Judge: Tailor, Filed On: March 8, 2024, Case #: 230641, NOS: All Other Real Property - Real Property, Categories: administrative Law, property
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Per curiam, the appellate division finds that the city administrative office improperly imposed penalties on the building owner for illegally converting a unit to transient use. This determination was not supported by substantially evidence as there was no testimony or evidence presented to support the city's claim. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 01008, Categories: administrative Law, property
J. Baker finds that the district court improperly revoked a permit to build and operate a copper mine next to a tributary of the Smith River. The Department of Environmental Quality satisfied both the Metal Mining Reclamation Act and the Environmental Policy act in approving the mine operator's proposed cemented tailings facility. The department also conducted a rational evaluation of the impact of nitrogen discharges into the tributary. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 26, 2024, Case #: DA 22-0406, Categories: administrative Law, Environment, property
[Consolidated.] J. Cassel finds the county court properly determined the sanitation district cannot levy a special assessment on property adjacent to, but not located within, its boundaries. A particular statute argued by the district authorizing a levy where exempt property has been “specially benefitted” by the district applies only to “property by law not assessable," and not to that outside the district. No reversible error is found as to the district's making a condemnation taking of part of the property or the jury's award to the owner for that taking. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: February 16, 2024, Case #: S-22-688 , Categories: administrative Law, Municipal Law, property
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
[Consolidated] J. Lee finds the district court improperly found in favor of the water rights owners who claim the state engineer lacks authority to conjunctively manage waters to administer multiple basins forming the flow system at issue. The engineer did not exceed his statutory authority to combine multiple basins into one hydrographic "superbasin" based on a shared source. All respondents had adequate notice and opportunity to be heard. Affirmed in part.
Court: Nevada Supreme Court, Judge: Lee, Filed On: January 25, 2024, Case #: 84739, Categories: administrative Law, property, Water
J. Mitchell finds the trial court properly granted the trust's motion for summary judgment. The court quieted title to the land in favor the trust in this suit involving conflicting claims of ownership. Though the party in possession of the land had resided at and improved the property, the owner later executed a warranty deed in favor of the trust, which then recorded this in the land records. Applicable law clearly states that possession does not confer title. Title belongs to the first to file of record. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 121212, Categories: administrative Law, property, Contract
J. Dysart finds that the Louisiana Tax Commission properly granted a taxpayer's protest to reduce the valuation of her property by the assessor. The taxpayer showed that the property has only been used as greenspace and for water retention and provided evidence of the substandard condition of the streets near her vacant lot. The taxpayer claimed that the assessor inequitably valued her property by failing to take into account the varying condition of streets in the neighborhood. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: November 28, 2023, Case #: 2023-CA-0079, Categories: administrative Law, property, Tax
[Consolidated.] J. Deahl finds the superior court improperly vacated a historic preservation board's decision to define a Scottish Rite Temple's boundaries as occupying only the area of its taxation lot, rather than the entire block where it is located. The boundaries had never been established and the decision was supported by substantial evidence. Reversed.
Court: DC Court of Appeals, Judge: Deahl , Filed On: August 24, 2023, Case #: 22-CV-0884 , Categories: administrative Law, property, Real Estate
J. Ortego finds that the lower court improperly reinstated the parish tax assessor's original assessments against the property owner. The evidence supports the tax commission's ruling that the property owner was entitled to a reduction in the value of its pipelines on the property due to obsolescence. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: June 28, 2023, Case #: CA-22-740, Categories: administrative Law, property, Tax
Per curiam, the appellate division finds that the lower court improperly denied the property owner's motion for a temporary license to access an adjoining property to install rooftop and chimney protections on its building. The property owner established that the access was necessary to finish the building's facade, and that the neighbor had denied it access to their property after extended negotiations. The appropriate remedy was not to deny the property owner's motion outright, but to resolve the parties' safety dispute at a hearing. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 18, 2023, Case #: 02748, Categories: administrative Law, property