49 results for 'cat:"Environment" AND cat:"Property"'.
[Consolidated.] J. Moll finds the lower court erroneously sustained the adjacent property owner's appeal of the township's approval of a subdivision redevelopment without an environmental impact assessment. The relevant zoning procedures require only a developer submit a request for such an assessment, not that one be completed. The assessment company failed to complete the assessment as it was developing new procedures, and because the zoning laws allow the zoning commission to act without a submitted assessment, it was not improper to approve the redevelopment project. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: April 26, 2024, Case #: AC46146, Categories: environment, property, Zoning
[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. 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 The contract claim is dismissed, and the negligence claim is withdrawn as to the subcontractors.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
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[Consolidated.] J. Goldman finds that the trial court improperly granted a shooting range's motion to strike allegations that it had violated its lease with a city by demolishing and rebuilding its facility. It also erred in sustaining the range's demurrers on a neighbor's Environmental Quality Act and zoning claims. Reversed.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 29, 2024, Case #: A165345, Categories: environment, property, Zoning
J. Cooper denies, in part, the Bureau of Land Management's motion for summary judgment on several conservation groups' challenge to the sale of 120,000 acres in Wyoming for drilling. The agency erroneously assessed the sale's impact on groundwater and wildlife, and did not explain how its analysis of greenhouse gas emission affected its decision.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 22, 2024, Case #: 1:22cv1871, NOS: Environmental Matters - Other Suits, Categories: Energy, environment, property
J. Traynor finds that property owners have met their burden of establishing the need for a preliminary injunction requiring the county and its agents to refrain from entering the property in a matter involving the construction of a bridge over the Little Missouri River. The county is enjoined from entering onto the disputed property during the pendency of this matter.
Court: USDC North Dakota , Judge: Traynor, Filed On: March 6, 2024, Case #: 1:23cv143, NOS: Other Contract - Contract, Categories: environment, 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
J. Sargus grants the mineral rights owner's motion for a preliminary injunction, ruling its offer of $100,000 to the surface rights owner and plan to drill horizontally into neighboring properties gives the surface owner due regard for its intended use of the land as a deer hunting reserve. Therefore, the $100,000 will be paid and the mineral rights owner will be allowed to begin development of the proposed wells.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 23, 2024, Case #: 2:23cv4232, NOS: All Other Real Property - Real Property, Categories: environment, property, Injunction
J. Dato finds the trial court improperly denied an award for attorney fees in this contract dispute against a county council. The property owner alleges she was fraudulently enrolled in a Property Assessed Clean Energy program. This case is remanded for the t rialcourt to find if there is a “party prevailing on the contract,” and for further proceedings. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: February 20, 2024, Case #: D080978, Categories: environment, property, Attorney Fees
J. O’Rourke finds that the trial court improperly denied the property developer’s request for a writ of mandate requesting the county board of supervisors’ decision granting the administrative appeals, requiring the preparation of an Environmental Impact Report directing them to affirm the zoning administrator’s guidelines. The trial court found the staff agreed that the project qualified for an exemption under the guidelines, stating it was “inconsistent with the existing record.” This court directs the trial court to grant the petition and issue a peremptory writ of mandate. The county must set aside its decision requiring the preparation of an EIR, and the property developers shall recover its costs for this appeal. Reversed.
Court: California Courts Of Appeal, Judge: O’Rourke, Filed On: February 16, 2024, Case #: D081124, Categories: environment, Government, property
J. Boyle grants partial summary judgment to a utility pipeline firm in this suit for right-of-way to restore land on which it had begun to build a 600-mile underground line to funnel natural gas from West Virginia to North Carolina. Recently, the firm abandoned the project and now seeks permission to restore the land, and its motion is unopposed by the landowner.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 1, 2024, Case #: 4:18cv15, NOS: Land Condemnation - Real Property, Categories: Corporations, environment, property
J. Garry finds that the lower court properly rejected a challenge to the decision approving subdivision of a property in a protected mountain area. The property owner, a trained biologist and forestry professional, performed his own environmental analysis, and a consulting professional engineer conducted review. Meanwhile, plaintiffs had standing since two plaintiffs lived close to the affected area. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 1, 2024, Case #: CV-22-2337, Categories: environment, property
J. Welch finds that the lower court improperly reversed a decision by the Louisiana Department of Environmental Quality to issue fifteen permits to a company for its proposed construction of a chemical manufacturing complex at a site located along the Mississippi River near communities where a majority of the population is Black. The department's decision to issue the permits was not in violation of the Clean Air Act or its "public trust duty." Reversed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: January 19, 2024, Case #: 2023CA0578, Categories: environment, property, Agency
J. Hixson finds the trial court properly found in favor of the adjacent landowner in this property dispute. The ATV recreation park, which leases land from the logging company, has designed riding trails that cross onto the adjacent owner's property, utilizing a road that was previously undisputed. Although the park's managing member testified that he has maintained the road for more than 20 years, the adjacent landowner says he became aware of the park's use of it only within the last two years. The managing member's overt activity did not satisfy the necessary 7-year statutory period for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 10, 2024, Case #: CV-23-39, Categories: environment, property, Due Process
J. Rothstein grants the property owner partial summary judgment for his claim that the man-made stormwater treatment facility on the residential development property, which the property owner says unlawfully discharges pollutants into the nearby wetlands and Lacamas Lake, is both a point source and part of the “Waters of the United States." Nothing in the Clean Water Act indicates that a point source and a WOTUS are mutually exclusive, and the residential development owner does not support its argument that the matter will not survive a legal challenge with any legal authority.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 18, 2023, Case #: 3:21cv5834, NOS: Environmental Matters - Other Suits, Categories: environment, property, Water
J. Hester finds that the lower court properly adopted the department's "Most Feasible Plan for Necessary Evaluation" for the remediation of a tract of land that was contaminated by past oil and gas operations. The plaintiff landowner's assignments of error lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 30, 2023, Case #: 2022CA1169, Categories: environment, property
J. Gettleman grants the property seller’s motion for summary judgment brought by a property buyer alleging the seller fraudulently concealed water damage. The court denies the buyer’s partial summary claim on the seller’s fraudulent concealment, granting summary judgment for the liability for violating the disclosure act and Illinois Residential Real Property Disclosure Act. The court grants the third-party defendants’ motion for summary judgment brought by the third-party plaintiff alleging violations of the Condominium Property Act, breach of fiduciary duty and contribution against the association. The evidence shows there is no dispute that the association failed to remediate the water infiltration issues.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: November 2, 2023, Case #: 1:19cv5684, NOS: All Other Real Property - Real Property, Categories: environment, property, Real Estate
J. Suarez finds the lower court properly dismissed the property owner's appeals of the zoning commissions decisions to approve a subdivision development and several wetlands management areas. All environmental impacts were properly assessed by the commission and the proposed right-of-way meets zoning requirements. Although the 50-foot wide right-of-way will include some wetlands, the road is not intended for traffic and, therefore, complies with environmental regulations, while evidence from several consultants was sufficient for the developer to prove minimal impact on the environment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: October 27, 2023, Case #: AC45082, Categories: environment, property, Zoning
J. Joseph grants the chemical manufacturer's motion to file a third-party complaint against the developer's parent company in the developer's lawsuit seeking compensation for cleaning up chemical contamination at its properties. Despite the developer's arguments that the manufacturer's motion is untimely and that its parent company is not a party of interest in the case, the manufacturer has satisfied all the requirements necessary to file its third-party complaint under federal rules.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: October 24, 2023, Case #: 2:20cv1694, NOS: Environmental Matters - Other Suits, Categories: environment, property, Tort
J. McAuliffe grants in part a city’s motion to dismiss claims brought against it by the buyer of a property for environmental contamination found on the property after it was indicated that the contamination had been remediated. While the buyer provides just enough information to support its Comprehensive Environmental Response, Compensation and Liability Act of 1980 claims at this stage, it does not provide enough support of the idea that the city owes it a duty in its negligence claims.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: October 13, 2023, Case #: 1:22cv573, NOS: Environmental Matters - Other Suits, Categories: environment, property, Real Estate