In this proceeding under Tex. Loc. Gov’t Code 72.010 authorizing property owners subject to multiple taxation to petition the Supreme Court directly to determine which county is owed taxes, the Court determined that it had original jurisdiction and that taxes on Relators’ property were owed to San Patricio County rather than Nueces County. This dispute concerned shoreline boundary on Corpus Christi Bay. For a decade both Nueces County and San Patricio County have taxed the same piers, docks, and other facilities affixed to land in San Patricio County but extending out into the water in Nueces County. After the statute was enacted and signed into law in 2017, Relators filed an original petition for a writ of mandamus in the Supreme Court praying that the Court determine which county is authorized to tax Relators' piers. The Supreme Court held (1) this case presented a compelling reason for the Court to exercise original jurisdiction; (2) section 72.010 does not violate the Texas Constitution’s prohibition against retroactive laws; and (3) San Patricio County is owed the taxes due on Relators' piers. View "In re Occidental Chemical Corp." on Justia Law

In this dispute in which an owner of one property sought to bind the purchaser of another property to the terms of a fifty-year lease agreement entered into between different parties, the Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the purchaser, holding that there was no error in the proceedings below. Specifically, the Court held (1) the statute of frauds barred the owner’s claim for breach of contract because there was no privity of contract and the purchaser did not expressly assume the lease; (2) equitable estoppel did not prevent the purchaser from raising the statute of frauds as a defense; and (3) there was no genuine issue of material fact, and therefore, the district court did not err in granting summary judgment in favor of the purchaser. View "Brick Development v. CNBT II" on Justia Law

This was an action arising out of a failed golf course and residential development project known as the “Idaho Club.” North Idaho Resorts, LLC (“NIR”) appealed an award of discretionary costs and costs as a matter of right awarded against it, contending the district court abused its discretion by awarding discretionary costs, and that the court’s award of some costs as a matter of right was erroneous. After review of the district court record, the Idaho Supreme Court determined the district court abused its discretion by using a formulaic analysis in this case, and by awarding some costs as a matter of right against NIR. The district court judgment was reversed and remanded for further proceedings. View "Valiant Idaho v. No. Idaho Resorts" on Justia Law

The Supreme Court affirmed the circuit court’s judgment affirming a hearing examiner’s decision that an exemption from taxation for real property be increased to 100 percent but reversed the award of attorney fees, holding that the circuit court correctly upheld the hearing examiner’s decision but erred in its award of attorney fees. The Pennington County Board of Equalization established an exemption of thirty-two percent for the 2017 tax year for real property owned by American Legion Home Association Post 22. On American Legion’s administrative appeal, the hearing examiner concluded that the real property qualified for a 100 percent exemption under S.D. Codified Laws 10-4-9.2. The Supreme Court held that the circuit court (1) did not err in affirming the hearing examiner’s decision that the property was entitled to a 100 percent exemption under the statute; but (2) awarded attorney fees without sufficient information to determine a reasonable fee. The Court remanded the attorney fee issue. View "American Legion Home Ass’n Post 22 v. Pennington County" on Justia Law

In this case concerning property that was the subject of a 2011 valuation complaint, the Supreme Court reversed the decision of the Board of Tax Appeals (BTA) affirming the Board of Revision’s (BOR) denial of the property owner’s request for a hearing for tax year 2012, holding that the BOR had continuing-complaint jurisdiction under Ohio Rev. Code 5715.19(D). Appellant, the owner of the property at issue, filed a 2011 valuation complaint. The BOR issued its decision on the complaint more than ninety days after it was filed, and the matter was not finally resolved until after an appeal to the BTA. The next year, Appellant sought to invoke the BOR’s continuing-complaint jurisdiction for tax year 2012 pursuant to section 5715.19(D). The BOR denied the request, and the BTA affirmed. The Supreme Court reversed and remanded the cause to the BOR for a determination of the subject property’s tax-year-2012 value, holding that the BOR had continuing-complaint jurisdiction under the facts of this case. View "Molly Co. v. Cuyaohga County Board of Revision" on Justia Law

When a lease of federal lands includes an option to extend its term and the tax assessor reasonably concludes that the option will likely be exercised, the value of the leasehold interest is properly based on the extended term. The Court of Appeal affirmed the judgment of dismissal entered after the trial court sustained without leave to amend the County's demurrer to Glovis's complaint for refund of property taxes. The court held that the terms of the lease evidenced the parties' mutual intent to grant Glovis the option to extend its possession of the Navy's property past the initial five-year term; the lease clearly and explicitly gave Glovis the exclusive right to lease the Navy's property under 2028; and there was no language permitting the Navy to withdraw or revoke its offer. The court independently reviewed whether to use extrinsic evidence to interpret the lease and held that there was no need to do so in this case. Finally, the court rejected Glovis's contention that the assessor erred when he determined it was reasonable to assume the option will be exercised. View "Glovis America, Inc. v. County of Ventura" on Justia Law

Curtis and Karen Erickson appealed and the Cass County Joint Water Resource District cross-appealed after the district court ordered condemnation of the Ericksons' properties, determined the amount of just compensation, and awarded the Ericksons' attorney fees and costs. After a bench trial, each Each party presented evidence about the value of the properties, including testimony from appraisers. The district court found the Ericksons were entitled to just compensation for the properties in the amount of $48,200. The Ericksons moved for attorney fees and costs under N.D.C.C. 32-15-32. The District opposed the request, arguing the requested amount of attorney fees and costs was unreasonable. The court granted the Ericksons' motion and ordered the District to pay the Ericksons $114,346.47 in fees and costs. The Ericksons argued the district court erred in determining the amount of just compensation, contending the court failed to properly compensate them for the properties' "highest and best use." The District argued the district court misapplied the law by awarding the Ericksons the full amount they requested for attorney fees and costs. The North Dakota Supreme Court concluded the district court did not misinterpret or misapply the law and the court did not act in an arbitrary, unreasonable, or unconscionable manner when it decided to award attorney fees and costs. Therefore, the Court concluded the trial court did not abuse its discretion by awarding fees and costs. View "Cass County Joint Water Resource District v. Erickson" on Justia Law

The Supreme Court expressly rejected the Twombly/Iqbal “plausibility” pleading standard in this case and reaffirmed that in Hawai’i state courts, the traditional “notice” pleading standard governs. On the first appeal before the Supreme Court, the Court vacated a foreclosure decree based on issues of fact regarding whether Bank of America, N.A. held the note at the time the foreclosure lawsuit was filed. The Court remanded the case to the intermediate court of appeals (ICA) for a determination of whether the circuit court erred by dismissing the homeowner’s counterclaim before granting summary judgment for foreclosure in favor of Bank of America. On remand, the ICA upheld the dismissal of three counts, including a wrongful foreclosure count, in the homeowner’s counterclaim. The homeowner appealed, arguing that the ICA applied the wrong pleading standard. The Supreme Court vacated the ICA’s judgment on appeal, holding (1) a pleading must meet the traditional “notice” standard to overcome a Haw. R. Civ. P. 12(b)(6) motion to dismiss; and (2) a party may bring a claim for wrongful foreclosure before the foreclosure actually occurs. View "Bank of America, N.A. v. Reyes-Toledo" on Justia Law

The Supreme Court held that, as used in the National Bank Act, Congress’s use of the word “located” is ambiguous, and therefore, Chevron, U.S.A., Inc. v. National Resource Defense Council, Inc., 467 U.S. 837 (1984), requires that the Court defer to the “not unreasonable” interpretation the Comptroller of the Currency has provided. After Loraine Sundquist's property was sold, the Federal National Mortgage Association brought this action seeking an order forcing Sundquist from her home. The district court entered an eviction order. On interlocutory review, Sundquist asserted that the sale was invalid because Utah law does not permit a bank to act as a trustee on a trust deed. The primary inquiry became whether corporations were permitted to serve as trustees of trust deeds under the laws of the State in which ReconTrust Co., the trustee on the deed of trust, was located. The Supreme Court concluded that the statutory language was unambiguous and that a federally chartered “bank” that seeks to foreclose on real property in Utah must comply with Utah law. On appeal, the Supreme Court overturned its previous decision, holding that the Comptroller’s interpretation of the relevant statute required deference. The Court remanded the case for an evaluation of where ReconTrust is located under the correct standard. View "Bank of America v. Sundquist" on Justia Law

Evendale property owners who wanted to rent their properties had to obtain a permit by allowing the building commissioner to inspect the property or sign a sworn affirmation that the property complied with the code. The commissioner also could inspect structures if he suspected a violation. If the building was occupied, the commissioner was to present credentials and request entry. For unoccupied structures, the commissioner was to make a reasonable effort to locate the owner and ask to inspect. Should someone refuse entry, the commissioner could use “remedies provided by law.” Vonderhaar owns 13 rental properties, over half of Evendale's rental homes. Vonderhaar filed a purported class action under the Fourth Amendment, claiming the code authorized warrantless searches, and the Fifth Amendment, claiming the code required permit applicants to attest to compliance. The district court granted a preliminary injunction, concluding that the inspection procedures facially violated the Fourth Amendment. Evendale subsequently amended its code to allow owners applying for rental permits to “[p]rovide a written certification” from an architect or engineer attesting that a building meets Village standards and adding that when a commissioner suspects a violation, the commissioner may “seek a search warrant based on probable cause.” The Sixth Circuit vacated the injunction for lack of standing. The Village never relied on the code to conduct a warrantless search and the plaintiffs have no risk of impending injury. View "Vonderhaar v. Village of Evendale" on Justia Law