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The Ninth Circuit reversed the district court's judgment and remanded with instructions to enter judgment in favor of defendant in an action brought by the owner of a mobile home park alleging that the City engaged in an unconstitutional taking. Plaintiff alleged that the City violated the Fifth Amendment when it approved a lower rent increase than he had requested. The panel applied the factors in Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978), and held that plaintiff did not present sufficient evidence to create a triable question of fact as to the economic impact caused by the City's denial of larger rent increases; plaintiff failed to present sufficient evidence supporting its investment-backed expectations claim; and the character of the City's action could not be characterized as a physical invasion by the government. Based on the evidence, the panel held that no reasonable finder of fact could conclude that the denials of plaintiff's requested rent increases were the functional equivalent of a direct appropriation of the property. View "Colony Cove Properties, LLC v. City of Carson" on Justia Law

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The Supreme Court affirmed the judgment of the trial court dismissing Plaintiff’s appeal from the decision of the Town of Lyme and its Board of Selectmen (collectively, Defendants) determining the lost or uncertain boundaries of the westerly end of Brockway Ferry Road pursuant to Conn. Gen. Stat. 13a-39. On appeal, Plaintiff challenged the subject matter jurisdiction of the Board and the trial court and argued that the trial court’s determination of the highway’s width was clearly erroneous. In affirming, the Supreme Court held (1) the trial court correctly determined that the Board had jurisdiction to define the highway’s boundaries under section 13a-39 despite the absence of a prior judicial determination regarding the highway’s legal status; (2) the proceedings before the Board complied with section 13a-39, and thus the trial court was not divested of subject matter jurisdiction; and (3) the trial court’s finding of the highway’s boundaries was not clearly erroneous. View "Marchesi v. Board of Selectmen of the Town of Lyme" on Justia Law

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In the late 1970s and early 1980s, Richard Hayes developed a subdivision called Mountain View Estates on land jointly owned by him and his wife, Nadine Hayes, in the Town of Manchester. The subdivision grew to include forty residential homes, a school building, and a chiropractic clinic on forty-four lots. From the sale of the first lot in about 1981 until his death in 2004, Richard Hayes paid for maintenance and plowing of the roads that ran through the subdivision and maintained the subdivision’s sewer system and the portion of the water system that he and his wife still owned, without charge to the homeowners. Following the Hayes’ deaths in 2004, a probate proceeding was opened and the Hayes’ adult children, Jeffrey Hayes and Deborah Hayes McGraw, were appointed coadministrators of their estates. The co-administrators sent a letter to the homeowners in the subdivision stating that effective immediately, the homeowners would be responsible for maintaining and plowing the subdivision’s roads. The homeowners refused to assume responsibility for the road maintenance. The homeowners intervened in the probate proceedings of the Hayes’ estates to protect their rights regarding the subdivision. The estates appealed the trial court’s decision that the estates were obligated, based on an agreement between the developers and the homeowners, to continue to maintain and repair the roads and water and sewer systems until the town accepted the dedication of the infrastructure. The Vermont Supreme Court affirmed the court’s findings and conclusions, and remanded the matter to the trial court for remand to the probate division for further proceedings. View "Hayes v. Mountain View Estates Homeowners Association" on Justia Law

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Saint Bernard Parish Government and other owners of real property in St. Bernard Parish or in the Lower Ninth Ward of the City of New Orleans sued under the Tucker Act, 28 U.S.C. 1491(a)(1), alleging a taking. They claimed that the government was liable for flood damage to their properties caused by Hurricane Katrina and other hurricanes. Plaintiffs’ theory was that the government incurred liability because of government inaction, including the failure to properly maintain or to modify the Mississippi River-Gulf Outlet (MRGO) channel, and government action (the construction and operation of the MRGO channel). The Claims Court found a taking occurred and awarded compensation. The Federal Circuit reversed. The government cannot be liable on a takings theory for inaction and the government action in constructing and operating MRGO was not shown to have been the cause of the flooding. The Claims Court failed to apply the correct legal standard, which required that the causation analysis account for government flood control projects that reduced the risk of flooding. View "St. Bernard Parish Government v. United States" on Justia Law

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In this case involving a dispute over real property, the Court of Appeals held that Md. Code Ann. Real Prop. 14-601 to 14-621 and Maryland Rules 12-801 to 12-811 apply retroactively to all cases that were pending when the new statutes and Maryland Rules became effective, including this case, which was pending in the Court of Appeals when the statutes and Maryland Rules became effective. When applied to this case, the new statutes and Maryland Rules do not require dismissal for failure to join a deceased record owner who has no known personal representative. Accordingly, the Court of Appeals reversed the judgment of the Court of Special Appeals and remanded the case to that Court with instructions to vacate the judgment of the circuit court and remand this case to the circuit court for further proceedings, namely, the filing of an amended complaint to quiet title with the appropriate affidavit in accordance with the new statutes and Maryland Rules governing actions to quiet title. View "Estate of Charles Howard Zimmerman v. Blatter" on Justia Law

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The Fourth Circuit affirmed the district court's grant of summary judgment for the bank in an action alleging violation of the Homeowners Protection Act. Plaintiffs alleged that the bank failed to make certain required disclosures in connection with their residential mortgage loans. The court held that the statute was clear that these mortgage insurance disclosures were mandated only if lender-paid mortgage insurance was a condition of obtaining a loan. In this case, because no such conditions applied to plaintiffs' loans, nondisclosure was not a violation of the Act. View "Dwoskin v. Bank of America, N.A." on Justia Law

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Ricardo and Luz Garcia and Ted and Andean Henley were neighbors in Tieton, Washington. The two families' plots shared a boundary line separated by a fence. The Henleys rebuilt the boundary fence multiple times during the 1990s. Each time, the fence crept farther and farther on to the Garcia property. The largest encroachment, extending a foot across the boundary line, occurred in 1997 while the Garcias were on vacation. The Garcias objected to this intrusion, but took no legal or other action. In 2011, the Henleys again moved the fence. Mr. Garcia placed apple bins along a portion of the 1997 fence to prevent the Henleys from creeping farther onto the property. As a result, the 2011 fence tracked the 1997 fence for that shielded portion, but arced onto the Garcia plot for the 67 feet that did not have apple bins protecting it, encroaching an additional half foot. The Garcias again requested that the Henleys move the fence, and the Henleys refused. The Garcias initiated suit in 2012, seeking ejectment and damages. The Henleys counterclaimed, seeking to quiet title in their name. In closing argument, the Henleys raised the doctrine of "[d]e[m]inimis [e]ncroachment" to argue that any minor deviation from the boundary line of the adversely possessed property should be disregarded. The trial court determined the Henleys adversely possessed the land encompassed by the 1997 fence, but that the 2011 fence encroached an additional 33.5 square feet, and that 2011 sliver had not been adversely possessed. Rather than grant an injunction ordering the Henleys to abate the continuing trespass and move the fence, the trial court ordered the Garcias to sell the 2011 sliver to the Henleys for $500. The Washington Supreme Court found that in exceptional circumstances, when equity so demands, a court may deny an ejectment order and instead compel the landowner to convey a property interest to the encroacher. To support such an order, the court must reason through the elements listed in Arnold v. Melani, 450 P.2d 815 (1968). The burden of showing each element by clear and convincing evidence lied with the encroacher. If not carried, failure to enter an otherwise warranted ejection order is reversible error. The Supreme Court determined the Henleys failed to carry their burden. The matter was reversed and remanded to the trial court; the Garcias were entitled to ejectment as a matter of law. View "Garcia v. Henley" on Justia Law

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The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) reversing the decision of the Cuyahoga County Board of Revision (BOR) rejecting Plaintiff’s challenge to the Cuyahoga County fiscal officer’s valuation of her property for tax year 2013. The BTA reduced the valuation based on a written appraisal. The Supreme Court affirmed, holding (1) the BOR and the BTA had jurisdiction to consider Plaintiff’s complaint under Ohio Rev. Code 5715.19(A)(1); and (2) the County’s argument that the BTA acted unreasonably and unlawfully in adopting the appraised value because Plaintiff’s husband engaged in the unauthorized practice of law before the BOR was without merit. View "Pavilonis v. Cuyahoga County Board of Revision" on Justia Law

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Vendors and contractors provided materials and services in connection with an offshore mineral lease. Under the Louisiana Oil Well Lien Act, La. Rev. Stat. 9:4863(A)(1), 9:4864(A)(1), they secured liens on the lessee’s operating interest upon the commencement of labor. They timely recorded the liens. The lessee later sold “term overriding royalty interests” to OHA. In the lessee’s subsequent bankruptcy proceeding, the service providers intervened, seeking to enforce their liens on OHA’s royalty interests. The district court agreed with the bankruptcy court and dismissed their complaints, concluding that the statute that created the liens extinguished them via a safe-harbor provision. The Fifth Circuit affirmed. The safe-harbor question is one of statutory interpretation: Was OHA’s purchase of the overriding royalties a purchase of “hydrocarbons that are sold or otherwise transferred in a bona fide onerous transaction by the lessee or other person who severed or owned them” at severance? The royalties were “sold,” the transaction was “bona fide,” and the seller was a “lessee.” OHA purchased more than an interest in proceeds; it purchased an interest in the to-be-produced hydrocarbons themselves. A purchase of overriding royalties is a purchase of “hydrocarbons” under the statute, so the lienholders’ failure to provide pre-purchase notice renders their liens extinguished. View "OHA Investment Corp. v. Schlumberger Technology Corp." on Justia Law

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At issue in this foreclosure case was whether presentment by a party’s attorney of an original, wet-ink note endorsed in blank is admissible into evidence and enforceable against the borrower without further proof that the holder had possession at the time the foreclosure action was filed. The Supreme Court reversed the court of appeals’ summary disposition reversing the circuit court’s foreclosure judgment against Defendant in favor of Bank. Bank produced a note at trial, and the circuit court concluded it was the original note executed by the borrower. The court of appeals concluded that the issue of possession of the original note had to be proven at trial and that Bank was required to present testimony from a witness with personal knowledge who could verify possession of the note by Bank up to the moment Bank presented the note to the circuit court. The Supreme Court reversed, holding that presentment to the trier of fact in a mortgage foreclosure proceeding of the original, wet-ink note endorsed in blank establishes the holder’s possession and entitles the holder to enforce the note. View "Deutsche Bank National Trust Co. v. Wuensch" on Justia Law