14 results for 'cat:"Agriculture" AND cat:"Property"'.
J. Welch finds the county court properly granted injunctive relief and damages to the property developer. The residential property owner constructed a sediment pond and dam, causing drainage issues on the developer's property. The developer has shown that it has lost use of a portion of its property, as well as having lost trees to erosion caused by pooling water. The water backup was caused by negligent construction, as shown by the testimony of a civil engineer. Removal of the pond and dam is the only remedy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-114, Categories: agriculture, property, Damages
J. Nugee finds a lower court properly ruled in favor of a sister of a family farming and land partnership's contract claims against her brothers. The brothers argued that she was not entitled to a stake in the farming company following her resignation. However, the sister presented sufficient evidence in court that she is entitled to a stake in family trusts, estates and value of shares based on a family inheritance document forged by her father. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: April 9, 2024, Case #: CA-2023-1997, Categories: agriculture, property, Trusts
J. Méndez-Miró grants the conservation trust's motion for summary judgment on a landowner's claims it fraudulently induced him into executing a deed constituting a perpetual land conservation easement in favor of the trust over his real property, misrepresenting he would receive $750,000 in tax credits. The conservation easement is a voluntary agreement limiting use of a property to protect its natural, cultural or agricultural worth. The Puerto Rico Treasury Department’s denial of the tax credit is not illegal and does not render the deed null.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: March 26, 2024, Case #: 3:22cv1256, NOS: Other Contract - Contract, Categories: agriculture, property, Trusts
J. Riedmann finds the county court properly dismissed the land sellers' conversion, contract and related claims with prejudice. The seller's causes of action are barred by the statute of limitations. Furthermore, the discovery rule does not apply to breach of contract or conversion claims, and they failed to particularly allege fraudulent concealment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: March 26, 2024, Case #: A-23-353, Categories: agriculture, Fraud, property
J. Shepherd finds a lower court properly dismissed an animal carcass processor's civil rights claims against a city. The agricultural business argued that the city wrongfully designated it as a nonconforming business, in violation of its First Amendment and Equal Protection rights. However, the city sufficiently showed in court that the business has continuously violated its foul odor ordinance, despite spending significant money on odor-abatement technology. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 23-1579, Categories: agriculture, Civil Rights, property
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. Papik finds the district court improperly found the property owner in contempt. In this decades-long dispute over two owner's rights to divert water from neighboring tracts of farmland, one owner filed the contempt action alleging the other owner willfully violated a consent judgment by raising the elevation level along the property line, causing water to pool on the neighboring farm. The consent judgment conferred no obligations on the one owner, and the other lacked standing to pursue the contempt action. Vacated.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: February 2, 2024, Case #: S-23-329, Categories: agriculture, Contempt, property
J. Funke finds the tax commission properly affirmed the board of equalization's upholding of the increased assessed values of agricultural land. Though the property had been previously classified as irrigated grassland, the assessor ceased classifying irrigated grassland separately, incorporating it within a classification encompassing irrigated grass, as well as crops. No evidence shows any other property valuations increased at a lower rate than the land at issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 26, 2024, Case #: S-23-224, Categories: agriculture, property, Tax
J. Funke finds the county board of equalization improperly upheld the district court's denial of the property developer's agricultural status application. The developer kept farming leases on the property after its purchase, pending development, in order to maintain the existing status. The board erroneously determined the property’s use after the official date for making the determination, while evidence does not show the property was not primarily used for agriculture before that date. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 5, 2024, Case #: S-22-888, Categories: agriculture, property, Zoning
J. Kornmann dismisses a cattle rancher's second amended complaint with prejudice in a dispute over leasing various range units on the Pine Ridge Indian Reservation in South Dakota. The dispute resulted in impoundment and subsequent holding of the rancher's cattle in Nebraska by the Bureau of Indian Affairs. The rancher claimed that the impoundment caused an infection of Trichomoniasis to spread through his herd. The rancher offered no evidence that any action of the BIA resulted in the infection of his impounded cattle.
Court: USDC South Dakota, Judge: Kornmann, Filed On: December 8, 2023, Case #: 5:15cv5062, NOS: Torts to Land - Real Property, Categories: agriculture, property, Native Americans
J. Coulson finds a lower court properly dismissed an airfield owner's failure to acknowledge two enforcement notices. The airfield owner argued that he was not obligated to cease storing and burning waste materials on his land. However, the local council provided sufficient evidence in court that the airfield owner failed to comply with the requirements of planning permission to reinstate the property back to a grassland area. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulson, Filed On: November 22, 2023, Case #: CA-2023-1971, Categories: agriculture, Government, property
J. Stegner finds that the trial court properly held that a property owner cannot argue his tenants breached property leases because he failed to present any issues of fact that show that the parties did not act in accordance with oral modifications to property leases. Text messages and emails detailed the modifications and the parties' annual reconciliations of debits and credits supported the conclusion that the parties had a meeting of minds to modify the leases. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: September 15, 2023, Case #: 49354, Categories: agriculture, property, Contract
J. Warner finds a lower court properly dismissed a farming operations owner's property rights claims. The owner of the faming operations argued that he was entitled to install two miles of pipeline to transfer "liquified hog waste" to fertilize his crops. However, his neighbors presented sufficient evidence in court that he violated nuisance rules when he failed to gain consent from other local farmers and landowners.
Court: Kansas Courts Of Appeal, Judge: Warner, Filed On: August 25, 2023, Case #: 125,274, Categories: agriculture, property
J. Stegall finds a lower court improperly ruled in favor of an environmental group concerning the expansion of a swine facility. The environmental group argued that the State's department of health and environment wrongfully granted the swine farm's application for permits to expand the facility, even though the two facilities were not legally "separate facilities." However, the environmental department's claims are rendered moot after the swine facility removed a shared property line and obtained new permits to run both facilities. Reversed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: June 2, 2023, Case #: 123,023, Categories: agriculture, Environment, property