1,856 results for 'cat:"Property"'.
J. Gibbons finds the district court properly divided property, calculated alimony, and allowed the attorney's lien for fees in this divorce decree. The ex-wife filed for divorce after the ex-husband, she alleges, lost all community assets trading futures. The wife abandoned her marital waste claim, seeking to enforce an oral agreement that she receive the husband's interest in the residence. The court correctly allowed for the lien due to the wife's pursuit of the frivolous marital waste claim. No abuse of discretion is found as to the alimony award, and all factors were properly considered as to property. The appeals court reverses a $3,500 reimbursement made to the husband for motorcycles. Affirmed in part. Reversed in part.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: May 3, 2024, Case #: 84255-COA, Categories: Family Law, property
J. Surrick grants the treasurer of Pennsylvania’s motion to dismiss a class action suit alleging that Pennsylvania’s Disposition of Abandoned and Unclaimed Property Act, wherein the state treasurer takes custody of certain property deemed “abandoned and unclaimed,” violates the takings clause of the Fifth Amendment of the U.S. Constitution. The government does not need to compensate an owner for the consequences of their own neglect.
Court: USDC Eastern District of Pennsylvania, Judge: Surrick, Filed On: May 3, 2024, Case #: 2:22cv1852, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, property
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J. McDonald finds that the lower court properly allowed a foundation to continue claims concerning the ownership of property and historical artifacts displayed in the official residence of the Iowa governor because the state waived immunity upon voluntarily creating legal relationships with private citizens and the foundation. Affirmed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: May 3, 2024, Case #: 22/1995, Categories: property, Immunity
J. May finds that the lower court properly held that the city was immune from negligent hiring claims contending an unqualified employee's inspection of a privately owned building precipitated a lawsuit after a woman fell down a set of stairs because the woman failed to prove city misconduct. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: May 3, 2024, Case #: 23-0917, Categories: property, Immunity, Negligence
J. Windom finds on return to remand that the lower court improperly granted defendant's motion to dismiss a charge for receiving stolen property, in connection with a rental truck that was allegedly reported as stolen after it was not "returned as scheduled." The lower court erred by dismissing the charge based on speedy trial grounds. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Windom, Filed On: May 3, 2024, Case #: CR-2023-0867, Categories: Speedy Trial, property
J. Bland finds that the court of appeals improperly ruled in favor of a couple's estate in a Medicaid dispute arising out of the denial of assistance from the Texas Health and Human Services Commission. The couple argues that despite their living in an assisted living facility, their shared financial interest in real property should add to their resources. The court of appeals accepted their argument and upheld a reversal of the commission's denial. For the property to be included in the couple's resources, they would need to live in the home, as is required under federal law. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0437, Categories: Government, Medicaid, property
J. Power finds that the lower court properly held that restrictive covenants on parcels within a subdivision barred offering a single-family residence as a short-term Airbnb rental. While owners were permitted to rent a premises, restrictions limit use to "single family residential purposes," which implies longer-term living arrangements as opposed to short stays. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: May 2, 2024, Case #: CV-23-0610, Categories: property
J. Love finds that the trial court improperly determined that a victim did not show that she was harassed by her neighbor. In this case, the victim testified that the neighbor repeatedly removed landscaping boards from the front of her property where she was attempting to plant trees and cursed at her during an altercation. Further, there was video evidence showing the neighbor taking the boards from the victim's property to a trash pile, and the neighbor admitted to talking to the victim on the day of the altercation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 2, 2024, Case #: 2023-CA-0742, Categories: Evidence, property
J. Crothers finds that the district court properly quieted title to disputed oil and gas interests in favor of defendant company and awarded fees. However, the court improperly required plaintiff company to pay non-legal costs. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: May 2, 2024, Case #: 2024ND88, Categories: Energy, property
J. Golemon finds the trial court properly entered the property division enforcement order in this post-divorce proceeding. The ex-husband challenges the order requiring him to vacate the marital residence and ordering the receiver to sell the property and split the proceeds. A trial court that has rendered a final decree of divorce has the power to enforce the property division and to render clarifying orders to enforce compliance. Because no one appealed the enforcement order, the appeals court may not consider the ex-husband's arguments. The appeals court remands for consideration of the ex-husband's offset claim. Affirmed in part. Reversed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 2, 2024, Case #: 09-22-00312-CV, Categories: Family Law, property
J. Nowell finds that the lower court improperly divided the marital property and "ordered neither party to pay child support" in this divorce proceeding. The record does not contain sufficient evidence of the parents' finances to show that the child support ruling "was in the best interests of the children." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: May 2, 2024, Case #: 05-23-00505-CV, Categories: Family Law, property
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: Civil Procedure, property, Contract
J. Gladwin finds the circuit court properly granted the easement in favor of the industrial board. The property owner installed a gate across a roadway that had been used by the owner as well as the board to access its own aggregate materials property for more than 30 years. The board has no other means of access, with no adequate remedy of law, and will suffer irreparable harm as a result of the owner's installing the gate. The owner had been properly served and is not entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: May 1, 2024, Case #: CV-23-356, Categories: property, Tort
Per curiam, the appellate division finds that the lower court properly declined to dismiss the borrower's counterclaim in a foreclosure suit. Such suits must be filed within six years of the lender accelerating the mortgage, even if the mortgage is payable in installments. The counterclaim plainly showed that the debt was accelerated in 2008, more than six years prior to filing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02342, Categories: Civil Procedure, property, Banking / Lending
J. Panella finds that the lower court properly granted a summary judgment motion filed by an equipment rental and turf farming company against a landscaper. The landscaper failed to properly support its appeal argument that the trial court improperly precluded it from raising defenses of laches and estoppel. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 1, 2024, Case #: J-A06022-24, Categories: Civil Procedure, property
J. Borden denies, in part, a sellers’ motion for judgment on the breach of contract pleadings in this real estate purchase dispute against the buyers who counterclaims for breach of contract, misrepresentation and suppression. Both parties agree they entered a valid agreement to sell and purchase the property. The sellers argue the buyers failing to close by the date agreed was a breach the contract. The buyers argue the sellers refusing to terminate the agreement and return their money was breach of contract, misrepresentation and suppression. As for the breach of contract claims, there are questions of fact concerning whether the buyers contacted the sellers to discuss termination. The buyers’ misrepresentation and suppression counterclaims fail as a matter of law; constructive knowledge precludes their claims.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: May 1, 2024, Case #: 6:23cv888, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, property, Contract
J. Tunheim partially grants the mobile home park buyer's motion for summary judgment in its suit against the seller. While fact disputes remain as to the terms of the parties' contract, the seller's counterclaims for breach of good faith and fair dealing and breach of contract fail as a matter of law.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:23cv1559, NOS: Other Contract - Contract, Categories: property, Contract
J. Rice finds that the district court properly upheld a state board decision to grant forced pooling and risk penalties to an oil and gas well operator. The operator made an unsuccessful, good faith attempt to have the owner of the mineral interests voluntarily agree to pooling, as required by law before seeking forced pooling. And the operator made valid written demands giving the owner the opportunity to particpate in the costs of drilling before seeking risk penalties. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: April 30, 2024, Case #: DA 23-0289, Categories: Energy, property
J. Baker finds that the water court properly determined that the state is a partial owner of a water right whose source is a groundwater well on private land. The well supplies water to irrigate privately owned parcels and an adjacent 160-acre parcel of school trust land. The state has an ownership right to the water that is diverted from private land for the beneficial use of irrigating school trust land, which was reserved to the state in 1864. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: April 30, 2024, Case #: DA 23-0314, Categories: property, Water
J. Kobayashi dismisses a homeowner’s trespass and nuisance claims against Airbnb for allowing illegal rentals to proliferate in his neighborhood, but allows his false advertising claim to remain. The trespass and nuisance claims fail because the homeowner does not establish a link between Airbnb and the subcontractors he says are making noise that trespass on his property. However, Airbnb is not immune from the homeowner’s false advertising claims, despite their assertion that they only play host to rental owners, as the homeowner “challenges content created by Airbnb itself, not content created by a third party,” in reference to Airbnb’s promotion of itself. Its advertising promotes rentals on their site as legal, and Airbnb is not immune to claims made against its own content.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 30, 2024, Case #: 1:23cv243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: property, False Advertising
J. Gooch finds that the lower court properly found for the title insurer in a suit filed by property purchasers who claim it is obligated to defend them in a suit against the city over the use of a barn constructed on the property by previous owners without a permit. The insurer's actual knowledge of the city's lawsuit prior to the effective date of the title policy does not trigger coverage because court records are not included as the kind of records required for the insurer to review and alert the buyers prior to the property's sale. Affirmed.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: April 30, 2024, Case #: SC100238, Categories: Insurance, property