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The Supreme Court affirmed the decision of the court of appeals affirming the decision of the trial court granting summary judgment in favor of the City of Rowlett on KMS Retail Rowlett, LP's complaint alleging that the City's exercise of its eminent domain authority to take KMS's private road easement and convert it to a public road connecting several commercial retail and restaurant sites, holding that summary judgment was properly granted. Specifically, the Court held that the court of appeals did not err in concluding that (1) chapter 2206 of the Government Code, which prohibits takings for economic development purposes, did not apply to the taking in this case; (2) the City's condemnation was necessary for a constitutional public use; and (3) KMS failed to raise a fact issue as to whether the taking was fraudulent, in bad faith, or arbitrary and capricious. View "KMS Retail Rowlett, LP v. City of Rowlett" on Justia Law

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The Supreme Court affirmed the decision of the district court upholding the decision of the City of Omaha Zoning Board of Appeals denying Appellants' request for a variance from the requirements of Omaha's zoning code based on a claim of unnecessary hardship, holding that the district court did not err or abuse its discretion in upholding the Board's decision. Appellants owned a 4.66-acre parcel of land that was zoned for agricultural use. After the City of Omaha Planning Department concluded that the property was being used for activities not permitted by ordinance in an agricultural district Appellants applied for a variance requesting waiver that would allow them to deviate from zoning requirements. The Board denied Appellants' request for a variance. The district court affirmed. The Supreme Court affirmed, holding that competent evidence supported the district court's findings and its conclusion that Appellants' situation did not warrant a variance under Neb. Rev. Stat. 14-411. View "Bruning v. City of Omaha Zoning Board of Appeals" on Justia Law

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Plaintiff filed a petition for writ of administrative mandamus, challenging both the Board's tree removal order and the cessation of his water deliveries. The Court of Appeal affirmed the trial court's denial of the petition, holding that the trial court applied the correct substantial evidence standard of review for the administrative decision; substantial evidence supported a finding that plaintiff unreasonably interfered with TID's use of the easement at issue; and TID did not abuse its discretion in withholding plaintiff's irrigation water under its irrigation rules. View "Inzana v. Turlock Irrigation District Board of Directors" on Justia Law

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The Mitigation Fee Act (Gov. Code 66000) authorizes local agencies to impose fees on development projects to defray the cost of public facilities needed to serve the growth caused by the project if the fees are reasonably related to the burden caused by the development. Boatworks challenged Alameda's development fee ordinance. The trial court concluded the fees are excessive and constitute invalid exactions by imposing on new residents the purported cost of acquiring land for parks, although the city does not need to buy new parkland, and found that the city erred by including in its inventory of current parks two parks that were not yet open and by categorizing certain areas as parks rather than (less expensive) open space. The court of appeal reversed in part, holding that the city can properly include Shoreline Park, Osborne Model Airplane Field and two boat ramps in its inventory of parks. With respect to development fees for parks and recreation, the court stated that a fee based in significant part on costs the city will not incur, because it has already acquired ample land at no cost, does not have a “reasonable relationship to the cost of the public facility attributable to the development.” View "Boatworks, LLC v. Alameda" on Justia Law

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The Supreme Court reversed the decision of the court of appeals reversing the circuit court's denial of the Town of Rib Mountain's action seeking a declaration that Marathon County lacked the authority to establish a rural naming or numbering system in towns, holding that Wis. Stat. 59.54(4) does not restrict a county's authority to "establish a rural naming or numbering system in towns" to only rural areas within towns. In 2016, Marathon County decided to establish a uniform naming and numbering system. The Town of Rib Mountain was one of the towns required to participate in the addressing system. The Town filed this action for declaratory relief alleging that the statute confines counties to implementing naming and numbering systems only within "rural" areas of towns. The circuit court denied relief. The court of appeals reversed, concluding that the use of the word "rural" unambiguously demonstrated that the legislature intended to restrict a county's naming and numbering authority to "rural" areas. The Supreme Court reversed, holding (1) the statutory text provides that a county may establish a rural naming or numbering system "in towns"; and (2) accordingly, Marathon County acted within its authority by enacting an ordinance to create a uniform naming and numbering system in towns throughout Marathon County. View "Town of Rib Mountain v. Marathon County" on Justia Law

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The surface and mineral estates of “Tract 46” in Pike County, Kentucky have been severed for a century. Pike and Johnson own the surface estate as tenants in common. Pike also owns the entirety of the coal below and wants to mine. In 2013, Pike granted its affiliate a right to enter the land and commence surface mining. Despite Johnson’s protestations, Kentucky granted a surface mining permit. Mining commenced in April 2014. In 2014, as the result of a federal lawsuit, the Secretary of the Interior determined that the permit violated the Surface Mining Control and Reclamation Act of 1977 (SMCRA), 30 U.S.C. 1250. The deficiencies in the original permit were remedied; Kentucky issued an amended permit the same year. The Secretary then confirmed that the permit complied with federal law. Johnson sued again. An ALJ, the district court, and the Sixth Circuit affirmed, first finding that Johnson exhausted its administrative remedies to the extent required by SMCRA. The ALJ’s application of Kentucky co-tenancy law, instead of the state’s rules of construction for vague severance deeds, to uphold the issuance of Elkhorn’s permit and the Secretary’s termination of the cessation order was not arbitrary, capricious, or contrary to law. View "M.L. Johnson Family Properties, LLC v. Bernhardt" on Justia Law

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The Supreme Court affirmed the order of the Montana Water Court holding that Appellants failed to prove a long period of continuous nonuse and therefore failed to show Claimant or his predecessors' presumed intent to abandon the water rights, holding that the Water Court did not err. Specifically, the Court held (1) the Water Court did not err in concluding that Appellants failed to establish a continuous period of nonuse; (2) the failure to assert water rights through the water commissioner is not the equivalent of nonuse; (3) the Water Court did not commit clear error in not addressing the issue of partial abandonment; and (4) the Water Court did not err in concluding that the appropriate remedy for Appellants would be to file a dissatisfied water use complaint or pursue contempt proceedings. View "Klamert v. Iverson" on Justia Law

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David Kosmann appealed a district court judgment relating to a dispute that arose from the sale of real property. He claimed the district court erred in enforcing an oral settlement agreement reached in mediation between Kosmann, Kevin Dinius, and Dinius & Associates, PLLC (collectively “Dinius”). Kosmann also argued the trial court erred in: (1) awarding attorney fees to Dinius as a sanction against Kosmann and his attorney; (2) declining to impose sanctions against Dinius and his attorney; and (3) striking an untimely memorandum and declaration in support of his motion to reconsider. After review of the trial court record, the Idaho Supreme Court affirmed in part and reversed in part. The Supreme Court determined the district court did not err in enforcing the settlement agreement; the court also did not err in declining to impose sanctions against Dinius on ethics violations. However, the Supreme Court determined the district court abused its discretion in imposing I.R.C.P. 11 sanctions against Kossman and his counsel: the district court did not act consistently with the applicable legal standard for imposing sanctions pursuant to I.R.C.P. 11(b). The Supreme Court declined to address all other issues Kossman raised, and determined he was not entitled to attorney fees on appeal. "The record in this case is so tarnished with questionable conduct that it has presented this Court with a vexing ethical and legal dilemma. While we are gravely concerned over the potential ethical lapses which allegedly occurred during the mediation of this matter, there are no findings in the record concerning these matters. Therefore, as the trial court determined, we will leave to the Idaho State Bar, if properly called upon, the responsibility to investigate this matter further and make the necessary findings and conclusions as to the ethical issues presented." View "Kosmann v. Dinius" on Justia Law

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The Ninth Circuit affirmed the district court's judgment after the panel certified two questions to the Washington State Supreme Court. The state court held that a priority use provision, an affirmative obligation to maintain and repair, and the ability to lease the property to others together create sufficient control of the property such that a landowner who leases the property is held liable as a premises owner. View "Adamson v. Port of Bellingham" on Justia Law

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After plaintiffs filed suit against the Association and property manager for breach of contract and negligence, the trial court granted a nonsuit. Plaintiffs settled with the property manager but appealed against the association. The Court of Appeal reversed the trial court's grant of a nonsuit on the breach of contract claim where reasonable jurors could have concluded a total failure to maintain common areas breached a promise to keep these areas in first class condition and a jury could also find that buildings need maintenance to remain in first class condition. Furthermore, the trial court erred by adding oral reasoning beyond the contents of the nonsuit motion, and neither the motion nor the trial court's rationale challenged the idea that covenants, conditions, and restrictions comprise a contract between the association and individual owners. Nor did the motion or rationale hint at the rule of deference governing owner suits against homeowner associations. The court affirmed the nonsuit tort judgment and held that the association had no independent duty as to the pipes and roof arising from tort law. View "Sands v. Walnut Gardens Condominium Assn." on Justia Law