7 results for 'cat:"Civil Procedure" AND cat:"Property" AND cat:"Jurisdiction"'.
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. Colins finds that the lower court properly dismissed Richmond Waterfront Industrial Park’s quiet title action for lack of subject matter jurisdiction. The federal Interstate Commerce Commission Termination Act gave the federal Surface Transportation Board with exclusive jurisdiction to decide issues involving the abandonment of railroad tracks on its property. Affirmed.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: March 25, 2024, Case #: J-A04035-24, Categories: civil Procedure, property, jurisdiction
J. Wolfe finds that the trial court should not have certified the judgment sustaining the parish president's exception of no cause of action as final, so the property owners' appeal is dismissed. The issue as to the parish president's immunity has not been fully adjudicated, and the immunity of the parish council is also undecided.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 14, 2023, Case #: 2023CA0446, Categories: civil Procedure, property, jurisdiction
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J. Seitz finds that the state may hold Monsanto liable for PCB contamination of directly owned public lands but cannot hold Monsanto liable for trespass upon land owned through public trusts. The trial court properly dismissed standalone unjust enrichment claims, but on remand, the state may link that claim as a remedy under public nuisance and trespass.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: June 22, 2023, Case #: 279, 2022, Categories: civil Procedure, property, jurisdiction