Justia Real Estate & Property Law Opinion Summaries
Hauer v. Zerr, et al.
Craig Hauer appealed the dismissal of complaint seeking reformation of a deed to secure hunting access to property he had conveyed to Kurt and Lois Zerr. In 2013, Hauer sold land to the Zerrs. The parties’ contract and deed both include language reflecting the parties’ intent to allow Hauer to reserve hunting access to the land. Hauer accessed the land to hunt pursuant to the reservation until the Zerrs, believing the reservation to be unenforceable pursuant to N.D.C.C. 47- 05-17, denied Hauer access to the property. Hauer initiated this action seeking to reform the deed to reflect the parties’ intent to allow Hauer access to the property. The North Dakota Supreme Court concluded the district court correctly dismissed Hauer’s complaint seeking reformation of the deed and affirmed the district court. View "Hauer v. Zerr, et al." on Justia Law
Gustafson v. Poitra, et al.
Linus and Raymond Poitra appeal the district court judgment of eviction. The Poitras argue the district court erred by exercising jurisdiction over this matter, and by sending a North Dakota law enforcement officer onto the reservation to evict tribal members from property within the Turtle Mountain Reservation. The North Dakota Supreme Court determined the Poitras did not meet their burden under either "Montana" exception, and did not explain how a district court was divested of subject matter jurisdiction to grant a judgment of eviction. The district court judgment was therefore affirmed. View "Gustafson v. Poitra, et al." on Justia Law
Posted in: Civil Procedure, Landlord - Tenant, Native American Law, North Dakota Supreme Court, Real Estate & Property Law
McDougall, et al. v. AgCountry Farm Credit Services, PCA, et al.
Michael and Bonita McDougall appealed a judgment dismissing their deceit and unjust enrichment claims against AgCountry Farm Credit Services, PCA and granting summary judgment in favor of AgCountry on its claims to enforce assignment of rents and to foreclose a mortgage. The North Dakota Supreme Court concluded the district court erred by concluding the McDougalls’ deceit claim was precluded by the statute of frauds. Therefore the Court reversef the judgment as to the deceit and unjust enrichment claims, affirmed judgment on the remaining claims, and remanded. View "McDougall, et al. v. AgCountry Farm Credit Services, PCA, et al." on Justia Law
Hill v. Warsewa
Plaintiff-Appellant Roger Hill appealed a district court's dismissal of his complaint for failure to state a claim (Fed. R. Civ. P. 12(b)(6)) -- specifically for lack of prudential standing. Hill was a fly fisherman who preferred to fish at a favorite spot in the Arkansas River. Defendants-Appellees Mark Everett Warsewa and Linda Joseph (Landowners) contended they owned the Arkansas riverbed up to its centerline at the spot at which Hill preferred to fish. Hill contended this segment of the river was navigable for title at the time Colorado was admitted to the United States and that title to the riverbed consequently vested in the state at admission under Article IV of the Constitution and the Equal Footing Doctrine. According to Hill, the state holds this title in trust for the public, subject to an easement for public uses such as fishing. Defendant-Appellee State of Colorado agreed with the Landowner-Appellees that this segment of the river was non-navigable for title at statehood and was privately owned. The district court found that Hill lacked prudential standing because he asserted a generalized grievance and rested his claims on the rights of the state. The Tenth Circuit reversed. Hill alleged he had a specific, legally protected right to fish resulting from alleged facts and law. "The other parties and amici may ultimately be correct that Colorado law does not actually afford Mr. Hill the right to fish that he asserts, even if he can prove navigability as a factual matter. But in this regard 'far-fetchedness is a question to be determined on the merits.'" The Court assumed Hill’s claim had “legal validity” and concluded that he asserted his own rights, not those of Colorado, for prudential standing purposes. View "Hill v. Warsewa" on Justia Law
Posted in: Admiralty & Maritime Law, Real Estate & Property Law, US Court of Appeals for the Tenth Circuit, Zoning, Planning & Land Use
Portsmouth 2175 Elmhurst, LLC v. City of Portsmouth
The Supreme Court affirmed the judgment of the trial court upholding Taxpayer's real estate assessments for the years 2013, 2014 and 2015 for a property located in the City of Portsmouth and the attorney's fees charged to Taxpayer to collect the assessments, holding that the trial court did not err or abuse its discretion. Specifically, the Court held (1) Va. Code 58.1-3984(B) establishes the method for challenging real property assessments; (2) Taxpayer failed to establish that the assessment for the property deriving from a mass appraisal did not conform to generally accepted appraisal practices, procedures, rules and standards or applicable state law relating to valuation of property; and (3) the trial court acted within its discretion in concluding that the attorney's fees were reasonable. View "Portsmouth 2175 Elmhurst, LLC v. City of Portsmouth" on Justia Law
Carmody v. Lake County Board Of Commissioners
The Supreme Court affirmed the decision of the Lake County Board of Commissioners, sitting as the Lake County Drainage Board (Board), approving the application for permits filed by Steven Carmody and Edward Becker to install drain tile on their respective properties in Lake County, holding that the circuit court did not err when it affirmed the Board's decision to issue the drainage permits. James Carmody objected to both permits and appealed the Board's approval of the permits to the circuit court. The circuit court applied the abuse of discretion standard of review and affirmed the Board's approval of the drainage permits. The Supreme Court affirmed, holding that the circuit court (1) applied the correct standard of review and burden of proof to Carmody's appeal of the drainage permits; and (2) did not abuse its discretion when it affirmed the Board's decision to issue the drainage permits. View "Carmody v. Lake County Board Of Commissioners" on Justia Law
Magliacane v. City of Gardner
The Supreme Judicial Court vacated the judgment of the superior court dismissing Plaintiff's putative class action suit alleging that the City of Gardner and its private water supply contractors were negligent and grossly negligent and created a nuisance in knowingly supplying corrosive water to the City's residents, holding that the superior court judge erred in dismissing the complaint for lack of timely presentment. In allowing the City's motion to dismiss the judge concluded that Plaintiff failed to make timely presentment as required by the Tort Claims Act, Mass. Gen. Laws ch. 258, 4. The Supreme Judicial Court vacated the dismissal, holding (1) the Act covers all claims brought against a city, even claims arising from the city's sale of water to its residents; and (2) the trial judge erred in dismissing Plaintiff's complaint for lack of timely presentment. View "Magliacane v. City of Gardner" on Justia Law
Williams v. 21st Mortgage Corp.
Plaintiff alleges she bought her Richmond home in 1973, refinanced her mortgage in 2005, and unsuccessfully applied for a loan modification in 2015. Plaintiff was not allowed to make payments in the interim and owed $20,000 in arrears. Plaintiff sought Chapter 13 bankruptcy relief. She was required to make monthly payments to cover her pre-petition mortgage arrears plus her regular monthly mortgage payments. Plaintiff failed to make her regular October 2016 mortgage payment. Defendant sought relief from the automatic bankruptcy stay. The bankruptcy court approved an agreement that she would pay the October and November payments over a period beginning in January 2017. Plaintiff claims defendant violated that agreement, that her attempts to make those payments failed, and that she was unable to contact the defendant’s “single point of contact” for foreclosure avoidance (Civil Code 2923.7) Defendant obtained relief from the bankruptcy stay and would not accept the January 2017 payment. At the time of the bankruptcy sale, plaintiff’s home was worth approximately $550,000; defendant sold the home for $403,000. The court of appeal reversed the dismissal of plaintiff’s claim that she should have been able to avoid foreclosure by tendering the amount in default (Civ. Code 2924c) and that it was unlawful for defendant also to demand payment on amounts subject to a confirmed bankruptcy plan and reversed the dismissal of the section 2923.7 claim but upheld the dismissal of breach of contract, negligence, and elder abuse claims. View "Williams v. 21st Mortgage Corp." on Justia Law
Posted in: Banking, California Courts of Appeal, Consumer Law, Contracts, Real Estate & Property Law
Hedayatzadeh v. City of Del Mar
Farid Hedayatzadeh (Hedayatzadeh) appealed following the trial court's summary judgment in favor of the City of Del Mar (the City) in his lawsuit arising out of the death of his 19-year-old son, who was struck by a train on an oceanfront bluff in Del Mar on property owned by North County Transit District (NCTD). Specifically, Hedayatzadeh argued the trial court erred in granting summary judgment on his single cause of action alleging a dangerous condition of public property based primarily on the City's failure to erect any barriers to prevent pedestrians from accessing NCTD's train tracks. On the night at issue, Javad Hedayatzadeh and his friends walked around the guardrail at the end of 13th Street, down an unimproved dirt embankment, and crossed the train tracks. The group then walked northbound on the west side of the tracks to a spot where they sat and smoked marijuana. They knew they were trespassing on NCTD property. At various points along the railroad right-of-way, NCTD has installed signs stating "No Trespassing," "Danger" and "Railroad Property." Javad noticed a freight train coming from the south and told his friends that he was going to use his phone to take a video "selfie" of himself next to the train. As Javad was near the train tracks taking the selfie, he was struck by the train and killed. After filing an unsuccessful claim under the Government Claims Act, Javad's father, Hedayatzadeh, filed this lawsuit against the City, NCTD, and BNSF Railway Company, which allegedly operated the freight train. The Court of Appeal concluded that, as a matter of law, the City's property at the end of 13th Street did not constitute a dangerous condition of public property even though the City did not take action to prevent pedestrians from accessing the train tracks on NCTD's adjacent right-of-way by walking around the guardrail at the end of the street. View "Hedayatzadeh v. City of Del Mar" on Justia Law
Posted in: California Courts of Appeal, Civil Procedure, Government & Administrative Law, Personal Injury, Real Estate & Property Law
Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake County Florida
Sabal Trail brought a condemnation action to acquire permanent and temporary easements that would allow it to build and operate a portion of the pipeline on property owned by Sunderman Groves. The jury awarded Sunderman Groves $309,500 as compensation for the easements, and the district court entered a final judgment providing that as part of the compensation award, Sunderman Groves was entitled to recover its attorney's fees and costs in an amount to be set by the court. The Eleventh Circuit held that the district court did not abuse its discretion in allowing Sunderman Groves to testify about the value of the property and the court lacked jurisdiction to review whether Sunderman Groves was entitled to attorney's fees and costs. Accordingly, the court affirmed in part and dismissed in part. View "Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake County Florida" on Justia Law
Posted in: Energy, Oil & Gas Law, Real Estate & Property Law, US Court of Appeals for the Eleventh Circuit