82 results for 'cat:"Property" AND cat:"Jurisdiction"'.
J. Wood finds that the lower court properly dismissed the property owners' federal suit seeking to challenge the propriety of the village's taking of their land via eminent domain. The owners never challenged the validity of the taking in their state court action, only challenging the compensation given to them. They cannot now seek a "do-over" on their takings challenge by filing in federal court. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 25, 2024, Case #: 23-1678, Categories: property, jurisdiction
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: property, Tax, jurisdiction
J. Edison examines diversity jurisdiction on remand from the Fifth Circuit Court and finds that a trustee was appointed solely to qualify for diversity jurisdiction in a property dispute with a rental company. The trustee has no special experience, he was appointed quickly with no evidence of a longstanding relationship, and the trustee duties basically involved following the direction of the trust’s lawyers. The rental company’s motion to dismiss on lack of diversity jurisdiction is granted without prejudice.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: April 17, 2024, Case #: 3:19cv249, NOS: All Other Real Property - Real Property, Categories: property, jurisdiction
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J. Gallagher finds that the trial court improperly dismissed this specific performance dispute brought by a lessor trying to purchase the leased property against a property company. The lessor argues the trial court erred based on the doctrine of lis alibi pendens when dismissing the complaint after the property company filed the motion for lack of subject-matter jurisdiction. This appeal had reasonable grounds for being filed. Therefore, the assignment of error is sustained, and this case is remanded for further proceedings. The lessor may recover the costs taxed and a special mandate is issued to the Cuyahoga County Court of Common Pleas to execute this judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 4, 2024, Case #: 2024-Ohio-1284, Categories: property, jurisdiction, Contract
J. Pirtle finds the district court properly reversed the county court's dismissal of a contract action. The company that purchased the home alleges the seller took the gas range and dishwasher when she moved out in violation of the sale agreement. The sheriff's office served the seller, who is not a Nebraska resident, while she was still in Nebraska, and this instate service of process was sufficient to subject the seller to Nebraska jurisdiction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 2, 2024, Case #: A-23-477, Categories: property, jurisdiction, Contract
J. Eagles dismisses a man’s allegations of conspiracy, extortion and Title 18 violations levied against the federal government for all manner of infractions against its citizens. The man claims that the U.S. is still controlled by the British Crown, which is, in turn, controlled by the “Mother of All Harlots known as the Roman Catholic Church.” His allegations seemingly arise from his house being foreclosed upon. His claims are considered frivolous and dismissed for a lack of subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 29, 2024, Case #: 1:23cv871, NOS: Other Civil Rights - Civil Rights, Categories: property, jurisdiction, Foreclosure
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. Russo remands to state court the property owner's state law claims to state court alleging that the city defamed him when it arrested him for a crime he did not commit and published his mugshot before dropping all charges. The property owner's state law claims are best suited for resolution in state court given the length and circumstances of his arrest and detainment, and because the property owner brought the claims under state law against the city and its employees.
Court: USDC Oregon, Judge: Russo, Filed On: March 25, 2024, Case #: 3:21cv1838, NOS: Insurance - Contract, Categories: property, Defamation, jurisdiction
J. Devine finds the court of appeals improperly ruled against the Texas education commissioner, finding he lacked the jurisdiction to resolve a land dispute between two school districts. The commissioner has jurisdiction over the case and does not lose it due to inaction or by missing statutory deadlines. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: February 16, 2024, Case #: 22-0169 , Categories: Education, property, jurisdiction
[Consolidated.] J. Stark denies plaintiff's renewed motion seeking to attach shares held in CITGO, which is owned by Venezuela's state oil company, in a $17 million Florida judgment finding that Venezuela absconded with rare documents and artifacts of the South American General Simon Bolivar. Plaintiff failed to establish an exception to execution immunity under the Foreign Sovereign Immunities Act since Venezuela maintained immunity throughout the Florida litigation.
Court: USDC Delaware, Judge: Stark, Filed On: February 15, 2024, Case #: 1:17cv151, NOS: Other Statutory Actions - Other Suits, Categories: property, Immunity, jurisdiction
Per curiam, the Supreme Court of Ohio finds the appeals court exceeded the scope of its jurisdiction on remand when it considered the threshold issue of whether the oil and gas drilling company had a cognizable property interest in its lease. This court's order required it only to conduct a proper takings clause analysis. Therefore, the case will again be remanded to allow the appeals court to consider whether the company suffered a total taking and is entitled to appropriation compensation. Reversed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 24, 2024, Case #: 2024-Ohio-200, Categories: Energy, property, jurisdiction
J. Whitehead denies the property owners' motion to dismiss the insurance company's attempt to seek a declaration that it has no duty to defend or indemnify Miggy Mover LLC or its owner in an underlying lawsuit brought by the property owners, who claim that Miggy Mover wrongfully withheld their belongings in a storage unit instead of delivering the belongings to the new home. The insurance company adequately pleads its case because it only seeks relief in the form of a declaration of no duty to defend or indemnify, which allows this case to remain in federal jurisdiction.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 23, 2024, Case #: 2:23cv510, NOS: Insurance - Contract, Categories: Insurance, property, jurisdiction
J. Contreras finds the trial court properly awarded a holding company possession of the property from the property owner’s son. The son argues three issues that the trial court did not have jurisdiction to grant the possession, the agreed judgment is void alleging the attorney’s signature was forged and there was still a temporary restraining order in effect. The question of subject matter jurisdiction cannot be waived or raised at any time during the first time on appeal. The son has not challenged the validity of the deed of trust and the temporary restraining order had expired. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: January 18, 2024, Case #: 13-22-00595-CV, Categories: property, jurisdiction, Foreclosure
J. Gray finds that the trial court improperly granted the city's plea to the jurisdiction in a dispute with a property owner over the construction of a power line. The owner has standing to bring an inverse condemnation claim based on the 2015 taking of his property. Reversed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: January 11, 2024, Case #: 10-21-00130-CV, Categories: property, jurisdiction
J. Dever denies an investment firm’s motion to remand this suit to a lower court in its attempt to prevent Wells Fargo and a trustee corporation from foreclosing a second time on a property the firm had purchased. The firm was unaware of a lien from 2006 owned by Wells Fargo when it bought the property and requested purchase of a note that would resolve the lien. Wells Fargo responded by initiating a second foreclosure sale, to which the firm responded by suing the bank. Wells Fargo correctly argues that the suit cannot be remanded because the trustee corporation is located in Florida and, therefore, diversity jurisdiction exists.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 5, 2024, Case #: 7:23cv1232, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, property, jurisdiction
J. Alvarez reverses the trial court's dismissal of a family's oil and gas lease dispute against another family that owns nearby property. The trial court improperly granted the neighboring family's plea to the jurisdiction, as their arguments were based on standing, mootness, judicial admissions and other claims that are not proper grounds on which to grant the plea. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: January 3, 2024, Case #: 04-22-00563-CV , Categories: Energy, property, jurisdiction
J. Soto finds a lower court erred in denying an energy company’s motion to dismiss a lawsuit after it was sued by another energy company alleging nuisance and other claims after it was unable to access minerals from a mineral lease due to a disposal well run by the first company. The first company is correct that the suing company lacks standing because issues with the disposal well became apparent long before the suing company attempted to drill, and therefore its current claims are unripe. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 29, 2023, Case #: 08-23-00010-CV, Categories: property, Real Estate, jurisdiction
J. Christopher finds that the trial court improperly dismissed the holding company's Chapter 21 claim against the state in a dispute over the repurchase of property previously taken by the state through eminent domain for a highway project. Chapter 21 allows for a "legislative waiver of immunity" in this case, so the state's plea to the jurisdiction was incorrectly granted. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: December 28, 2023, Case #: 14-22-00559-CV, Categories: Government, property, jurisdiction
J. Rice grants the homeowners' motion to remand their case to the Spokane County Superior Court, as their lawsuit accuses the interstate insurance exchange of wrongfully denying full coverage for the homeowners' claim for damage caused by sewage water flooding the entire lower level of their home. The interstate insurance exchange's office is located in Texas, but because it is an interstate insurance exchange structured as an unincorporated association, its diversity is not complete. The homeowners residence in Washington state helps justify remanding their case to the Spokane County Superior Court.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: December 19, 2023, Case #: 2:23cv294, NOS: Insurance - Contract, Categories: Insurance, property, jurisdiction