32 results for 'cat:"Real Estate" AND cat:"Jurisdiction"'.
J. Brennan denies, in part, the Canadian citizens' motion to dismiss, ruling that while they do not reside in Ohio, the real estate they own in the state gives this court jurisdiction over claims regarding the title of those properties under the Ohio long-arm statute. However, because tax issues in New Jersey and New York are entirely unrelated to any properties or business conducted in the state of Ohio, this court lacks jurisdiction over those claims, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, real Estate, jurisdiction
J. Landau finds the lower court properly rendered judgment for a buyer in this matter concerning possession of real estate. A borrower secured a loan by deed of trust, and when he stopped paying on the loan, the lender followed through with a foreclosure sale of the property. The borrower refused to vacate the property, so the buyer sued for possession, which the lower court granted. The borrower argues the lower court did not have jurisdiction over the matter because the district court had to resolve title first; the instant court disagrees and finds the lower court had jurisdiction over the matter. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00677-CV , Categories: real Estate, jurisdiction, Foreclosure
J. Westbrook finds the trial court properly granted motions to dismiss against two law firms and their attorneys in this real estate dispute brought by a Vermont property seller. The seller argues one of the law firms solicit on the website with ‘‘Attention: out of state sellers.’’ She never has entered into the state of Connecticut, so the court lacks jurisdiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: April 15, 2024, Case #: AC45631, Categories: real Estate, jurisdiction, Contract
J. Austin grants the developers' motion to transfer to the Southern District of Florida. The investor says it funded the developer $17.5 million in exchange for an equity investment in underlying real estate investments and the developer breached its fiduciary duty. The developer has filed an appearance in another, similar case in Florida involving the investor, and has moved to quash a subpoena issued to it. The investor's primary corporate and registered offices are in the Southern District of Florida and the Florida defendants, who handled administrative services for the investor, are associated with the original funding to the developer.
Court: USDC South Carolina Aiken, Judge: Austin , Filed On: March 27, 2024, Case #: 6:22cv4501, NOS: Other Contract - Contract, Categories: real Estate, jurisdiction, Contract
J. Robertson grants the water district defendants' dismissal motion in this lawsuit brought by a real estate developer and a construction company asserting constitutional violations, as well as violations of the state's Rural Water, Sewer, Gas and Solid Waste Management Districts Act and its Public Competitive Bidding Act. The district has provided a rational basis for its policies "restricting developers from bidding on the water line installation," and the policy is not precluded. Accordingly, the developer's equal protection claim fails, and the court declines to exercise jurisdiction over the remaining state claims.
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: March 25, 2024, Case #: 6:23cv72, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, real Estate, jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Maldonado denies a home owner’s motion to amend their long-delayed RICO complaint against a bank and assorted real estate interests, and furthermore dismisses the complaint for lack of jurisdiction. The court finds it lacks jurisdiction over some of the real estate interests, and that there’s little indication the home owner's amended complaint would address the generally unactionable allegations of the complaint currently before the court.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: March 21, 2024, Case #: 1:15cv10610, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: real Estate, jurisdiction, Racketeering
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. Rivas-Molloy finds that the lower court properly granted a county appraisal district’s plea to the jurisdiction in this property tax matter in which a property owner protested the 2019 appraised value of its property, which was denied by the Harris County Appraisal Review Board (HCARB). The property owner seeks to have HCARB reissue orders to essentially extend the deadline for it to protest, which is outside the scope of its authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-21-00306-CV, Categories: real Estate, Tax, jurisdiction
J. Hall denies the real estate agent's motion to dismiss, ruling that while the contaminated soil at the home cost only $40,000 to remediate, the buyer's potential claim for punitive damages would put the value of her claims over the $75,000 jurisdictional threshold and, therefore, the district court has jurisdiction over the case.
Court: USDC Connecticut, Judge: Hall, Filed On: November 3, 2023, Case #: 3:23cv1065, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, real Estate, jurisdiction
J. Silva finds that the lower court improperly denied the county appellants' plea to the jurisdiction seeking dismissal of this inverse condemnation lawsuit. The suit concerns the county's erosion response plan, which the property owner contends "would cause flooding on his lots." However, his argument is not based on "an affirmative intentional action," but rather a failure to use another plan that would more effectively protect his investment. Accordingly, he fails to establish an inverse condemnation claim, so as to waive immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 26, 2023, Case #: 13-22-00568-CV, Categories: real Estate, Immunity, jurisdiction
J. Riggs grants, in part, the lenders' motion to dismiss, ruling their failure to conduct any transactions or make contact with the loan applicants about financing several real estate purchases deprives this court of jurisdiction to hear contract claims. Meanwhile, the applicants' failure to explain in their complaint how any of the conduct by the prospective lenders constitutes wire fraud under RICO requires dismissal of that claim.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 8, 2023, Case #: 1:23cv493, NOS: Other Contract - Contract, Categories: real Estate, jurisdiction, Contract
J. Athey finds the lower court improperly declared a new property line in this real estate matter. Homeowners claim their neighbors constructed a fence on their property, and complain that bamboo that the neighbor planted is growing onto their property as well, creating a nuisance. While the lower court properly determined that the bamboo from the neighbor’s yard had encroached on the homeowner’s property creating a nuisance, it did not have jurisdiction to declare a new property line. The matter is remanded for further consideration. Reversed in part.
Court: Virginia Court Of Appeals, Judge: Athey, Filed On: August 8, 2023, Case #: 0754-22-4, Categories: real Estate, Zoning, jurisdiction
J. Trotter finds that the lower court properly rendered a judgment against the pro se appellants for allegedly delinquent property taxes. On appeal, they challenge the lower court's jurisdiction over the tax matter. However, their standing arguments fail, and they fail to show "that service was never issued." Also, they did not apply for a tax exemption. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: August 3, 2023, Case #: 11-22-00198-CV, Categories: real Estate, Tax, jurisdiction
J. Moore finds that the lower court properly ruled against the former husband in this dispute over the marital residence. On appeal, the husband argues that the lower court erred by modifying the divorce judgment with regard to the marital residence. However, the lower court had jurisdiction to accept the parties' settlement. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 28, 2023, Case #: CL-2023-0085, Categories: Family Law, real Estate, jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the wife's petition for a writ of prohibition to prevent the common pleas court from adjudicating claims brought by another owner of a multi-story building. The owner's claims regarding violations of an easement are entirely separate from the wife's divorce proceedings with her husband and the division of marital assets, which include part of the building. Therefore, the common pleas court has jurisdiction over the building owner's suit against the wife. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 27, 2023, Case #: 2023-Ohio-2556, Categories: Family Law, real Estate, jurisdiction
J. Otake grants, in part, the rental property seller's motion for summary judgment, ruling that because none of the statements supporting the buyers' fraud claims were made in Hawaii and were related to rental properties located in St. Louis, the buyers have failed to establish jurisdiction. However, because discussions over the purchases took place in Hawaii and documents were presented to the buyers within the court's jurisdiction, the claims for enforcement of promissory notes will proceed.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv309, NOS: Negotiable Instrument - Contract, Categories: Fraud, real Estate, jurisdiction
J. Otake grants the property sellers' motion to dismiss, ruling the buyers' allegations are insufficient to establish the requisite contacts in the state of Hawaii to give this court jurisdiction, as none of the sellers are located in the state and did not offer any forms or contracts to the buyers. Additionally, there is no indication the sellers' claims to be partners with the defendants located in Hawaii ever took place in the state, while there is also no documentation to support the partnership.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv309, NOS: Negotiable Instrument - Contract, Categories: Fraud, real Estate, jurisdiction
J. Holland reverses a decision by the Interior Board of Indian Appeals (IBIA) regarding an allotment of land that was to be divided among an individual's sons after he died. His son alleges that the BLM mistakenly forgot to include an express reservation of a right-of-way for an access road in the allotment conveyance certificate. The IBIA decision that the federal defendants did not have jurisdiction to consider the son's claims because the adjacent allotment had been conveyed out of federal ownership was "was patently erroneous, arbitrary, and capricious." The IBIA decision is reversed and the matter is remanded to the IBIA for further proceedings.
Court: USDC Alaska, Judge: Holland, Filed On: June 27, 2023, Case #: 3:20cv198, NOS: All Other Real Property - Real Property, Categories: real Estate, jurisdiction
J. Parker finds that the lower court properly entered a judgment for possession against the appellants in this forcible detainer action. The appellants did not vacate the property at issue after the sale of their farm, and they sought to "repurchase a portion of the 960-acre farm." On appeal, they seek to set aside the eviction, but they fail to establish error as to notice, citation or jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: June 13, 2023, Case #: 07-22-00235-CV, Categories: real Estate, jurisdiction