6 results for 'cat:"Property" AND cat:"Agency"'.
J. McHugh finds that a group of conservationists lack standing to challenge a series of agency decisions related to an easement for a property in Rio Grande National Forest that has been selected to become a ski resort village. The groups take issue with a series of biological opinions and other documents that were approved by the agency to green-light development of the project and a land exchange that would help make the property more accessible in the wintertime, but their claims lack merit. They have not been able to show any evidence of major errors in the documents, and even if they were able to show error, there is nothing on the record that suggests the error would have been harmful enough to justify tossing the entire development project. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: April 19, 2024, Case #: 22-1438, Categories: property, agency
J. Gibbons finds the district court properly dismissed this land and civil rights dispute. The landowner claims the Bureau of Land Management harmed his property rights by canceling his grazing permit for a portion of land over which he says he has right-of-way, as well as water and grazing rights. The road builder and users of the road built on the land were variously improperly served. The property owner also failed to correctly allege civil conspiracy claims and filed other claims outside limitations. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 8, 2024, Case #: 85779-COA, Categories: property, Water, agency
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. Hendon finds the trial court improperly granted summary judgment to the city highway agency in its lawsuit against the county highway authority over the rights to roadways and county assets. Based on the terms of a transfer agreement between the agency and the Florida Department of Transportation giving the agency operational and financial control of the expressway system such that it could collect toll revenues, the trial court incorrectly denied the authority's motion to dismiss the lawsuit because the transportation department was not joined to it as an indispensable party. The trial court's order is overturned and the case is remanded to grant the authority's motion to dismiss. Reversed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: October 25, 2023, Case #: 22-1316, Categories: property, agency
J. May finds that the state utilities board properly authorized MidAmerican Energy to build certain electric transmission facilities against a property owner's objections because state code provides utilities statutory authority to run facilities within a public road right-of-way.
Court: Iowa Supreme Court, Judge: May, Filed On: June 16, 2023, Case #: 21-1788, Categories: Energy, property, agency
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J. Feuer finds the trial court properly upheld the valuation of a shopping center in this property tax refund action, sustaining the demurrer filed by the county, and denying the owner’s motion for summary judgment. Although the owner was not able to cross-examine the appraiser who had passed away, they had an opportunity to examine the appraiser testifying on his behalf. Absent a constitutional right, a cited precedential case does not authorize reversal of an administrative decision where the petitioner was provided the evidence relied on by the agency and was able to examine a knowledgeable representative. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 23, 2023, Case #: B315898, Categories: property, Tax, agency