22 results for 'cat:"Construction" AND cat:"Property"'.
J. Hurst finds a lower court properly dismissed a property company's motion for judicial review concerning a city's denial of a development application. The property company argued that it was entitled to construct a luxury residential development on 29 acres in close proximity to a highway. However, the city sufficiently showed in court that the application did not meet the three- fourths majority vote to approve the development, and that it has discretion to deny applications that are for rezoning efforts that do not conform to local ordinances. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: April 26, 2024, Case #: 125734, Categories: construction, property, Zoning
J. Hurson grants, in part, two third-party subcontractors’ motion to dismiss this negligence and contract dispute brought by the water and sewer authority. The original construction company that hired the subcontractors failed to properly analyze the environmental conditions on land that the water and sewer authority bought, causing them to perform environmental remediation along with other buried debris and waste. The water and sewer authority fails to allege claim of breach of contract against the subcontractors and the language in both subcontracts does not grant them beneficiary status. The contract claim is dismissed, and the negligence claim is withdrawn as to the subcontractors. The water and sewer authority’s request for leave is denied as currently presented.
Court: USDC Maryland, Judge: Hurson, Filed On: April 9, 2024, Case #: 8:23cv1328, NOS: All Other Real Property - Real Property, Categories: construction, Environment, property
J. Kauger, on certiorari, finds the court of appeals improperly affirmed the trial court's award of attorney fees. The homeowner had $51,000 in attorney fees awarded against him from his loss of a contract dispute over roofing work required by his bank. The order awarding attorney fees did not specifically set forth the facts and computation to support the award. Vacated.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: April 8, 2024, Case #: 119432, Categories: construction, property, Attorney Fees
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J. Baker finds that the trial court properly ruled in part in the corporation's lawsuit seeking to establish an easement for it to construct and maintain a boat dock on the trust's property. The trial court reasonably limited the scope of the corporation's access, barring it from constructing a dock. However, the trial court did err in only awarding the trust contingent attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: March 22, 2024, Case #: 03-22-00422-CV, Categories: construction, property, Attorney Fees
J. Heavican finds the district court properly determined the construction liens attached with priority over the realty company's fee interest. The company did not fully pay the contractors for materials and services for the construction of a Burger King. The Nebraska Construction Lien Act provides that liens attach to the contracting owner’s interest. Because the realty company acquired the property owner's interest, the liens attached to the subject property. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 15, 2024, Case #: S-23-282, Categories: construction, Debt Collection, property
J. Johnson finds the trial court improperly granted the construction company's pretrial motion for summary judgment on the engineering firm's breach of contract claim. Summary judgment evidence submitted by the engineering firm - an email acknowledging a land-for-services provision could not go forward - created genuine issues of material fact on whether an agreement existed. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: March 7, 2024, Case #: 09-22-00120-CV, Categories: construction, property, Contract
J. Africk grants a default judgment to a natural gas pipeline company against seven remaining landowners for its suit for right of use and right of way over their properties for the construction of a compressor station and other facilities in the coastal Louisiana town of Golden Meadows. The seven landowners are deceased or could not be located by the company. The pipeline company has agreed to pay $100 in compensation to each of the seven landowners who would otherwise receive less than $100.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: February 21, 2024, Case #: 2:23cv2793, NOS: Insurance - Contract, Categories: construction, Energy, property
J. Murphy finds the trial court improperly found the land surveyor breached a contract with the owner. The owner, who uses his land as a hunting club, sought the surveyor's services for a cabin construction project, then brought suit against the surveyor alleging he was inadvertently paid an inflated sum for work that was not performed. A preponderance of the evidence establishes the agreed work was something other than what the owner meant to have done. There is no evidence of a specific promise that was breached. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 14, 2024, Case #: CV-22-554, Categories: construction, property, Contract
J. Ross dismisses a complaint brought by two property developers that alleges officials for an Eastern Long Island township withheld the release of two performance bonds in connection with two separate housing developments until certain tasks not originally included in the bonds were completed. The court finds applicable town and state law grant the township a great deal of discretion over whether to release a developer from a performance bond, and the developers are not entitled to the release of their bonds.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: January 17, 2024, Case #: 2:22cv7834, NOS: Other Statutory Actions - Other Suits, Categories: construction, property, Zoning
[Consolidated.] J. Herndon finds the district court properly granted summary judgment to the Las Vegas Convention and Visitors Authority in this suit involving an easement on land purchased by the Buddhist association. Maintenance obligations for a footbridge are enforceable against the Buddhist association even though construction plans for a convention center to which the footbridge would have connected never materialized. A contractual instrument between the Visitors Authority and the previous property owner states that a successor to interest would be bound by the instrument. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: October 26, 2023, Case #: 80858, Categories: construction, Municipal Law, property
J. Wright finds the trial court improperly adopted the award of the special commissioners who were appointed pursuant to Texas seeking to condemn one-tenth of an acre of private land in furtherance of a highway widening project. The state's objections to the award were timely, and the court was required to proceed under property code to consider them in due form. Reversed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: July 27, 2023, Case #: 09-22-00055-CV, Categories: construction, Government, property
Per curiam, the appellate division finds that the trial court properly dismissed claims seeking to annul a determination that a construction project adhered to state and local environmental and zoning laws because the project, which began in late 2021, is substantially complete, and the group had not moved for a preliminary injunction. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: CA 22-01164, Categories: construction, property, Zoning
[Consolidated.] J. Egan finds that challenges to the issuance of a permit allowing construction of an apartment complex that affected an adjacent property owner's use of a private road should be dismissed as moot. Although the property owner objected to variances, the owner did not attempt to stop construction of the complex, which has since been completed and is now fully occupied.
Court: New York Appellate Divisions, Judge: Egan, Filed On: June 29, 2023, Case #: 532245, Categories: construction, property, Zoning
J. Lindblom finds a lower court properly dismissed a property owner's challenge against a inspector's denial of planning permission. The property owner argued that he properly erected a building on land that formerly housed a barn. However, a building inspector presented sufficient evidence in court that the structure was not "substantially completed" within a four year window. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: May 30, 2023, Case #: CA-2022-1599, Categories: construction, property