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The Supreme Judicial Court affirmed the decision of the single justice that the decision of the Board of Registration of Real Estate Brokers suspending Michael Thomann’s license for ten days, imposing a $1,200 civil penalty, and imposing certain conditions on the reinstatement of his license was supported by substantial evidence and free of any errors of law. An administrative hearing officer concluded that the Board established that Thomas had violated 254 Code Mass. Regs. 2.00(11), 3.00(14)(e) and 3.00(13)(a) by engaging in the business of real estate brokering through an unlicesed limited liability company and by failing to provide a certain notice of agency disclosure to the seller of real property. As a sanction, the Board ordered suspension of Thomann’s license for ten days. On review, the single justice affirmed the Board’s final decision and order. The Supreme Court affirmed, holding that there was no error in the Board’s decision. View "Thomann v. Board of Registration of Real Estate Brokers & Salesmen" on Justia Law

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In this water use case, the Supreme Court affirmed the decision of the State of Hawaii Commission on Water Resource Management (Commission) concluding that Appellants waived the right to proceed on the contested case, holding that the Commission’s finding that Appellants waived the right to continue the case was not clearly erroneous or wrong. More than a decade ago, the Supreme Court vacated the issuance of two water use permits and remanded the matter to the Commission. On remand, the parties claiming to be the applicant’s successors in interest submitted a letter to the Commission stating that they did not have the financial resources to continue to pursue the case. Years later, Appellants filed a new water use application. The Commission treated the application as a continuation of the remanded case and then concluded that the letter constituted a waiver of Appellants’ right to continue the original proceedings. The Supreme Court affirmed, holding that the Commission did not err in finding that Appellants expressly waived their right to proceed with the contested case by their letter. View "In re Contested Case Hearing on the Water Use Permit Application Originally Filed by Kukui, Inc." on Justia Law

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The Supreme Court reversed the decision of the trial court sustaining Plaintiff’s administrative appeal, holding that the trial court erred in determining that Defendant’s proposed revision of boundary lines between certain adjacent lots constituted a new subdivision under Conn. Gen. Stat. 8-18 and erred in applying section III.F.7 of the Burlington Zoning Regulations (regulations). In finding that Defendant’s proposed lot line revisions constituted a subdivision, the trial court applied section IV.B.5 of the regulations, which requires an increased minimum lot area for new subdivisions. The court also applied section III.F.7, which governs the establishment of non-conforming uses on preexisting lots. The Supreme Court held (1) Defendant’s proposed lot line revisions did not create a subdivision because the revisions did not divide one parcel of land into three or more parts; and (2) Defendant did not propose the establishment of a nonconforming use because the property lines, as revised, met the size requirements applicable to lots in existence as of October 1, 1983, the date the town of Burlington adopted section IV.B.5 of the regulations. View "Cady v. Zoning Board of Appeals" on Justia Law

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Hartung Commercial Properties, Inc. ("Hartung"), appealed the grant of summary judgment in favor of Buffi's Automotive Equipment and Supply Company, Inc. ("Buffi's Automotive"). Wayne Hartung bought a piece of commercial property that had an auto-body collision, repair, and paint shop ("the body shop") on the premises. Wayne also formed Har-Mar Collisions, Inc. ("Har-Mar") to operate the body shop. Hartung subsequently entered into a lease with Har-Mar pursuant to which Har-Mar leased the body shop. Wayne had a custom-built paint booth installed in the body shop and hired Buffi's Automotive to make the paint booth operational once it was installed. On January 24, 2011, the body shop was completely destroyed by a fire. On July 8, 2011, Hartung sued Har-Mar, Buffi's Automotive, and several fictitiously named defendants in the circuit court asserting claims of negligence and wantonness related to their alleged roles in causing the fire that destroyed the body shop. Buffi's Automotive alleged that, sometime after the fire destroyed the body shop, Hartung ordered what remained of the body shop and all the equipment inside it to be demolished. Buffi's Automotive argued that Hartung allowed the body shop to be demolished even though it believed at that time that Buffi's Automotive had caused the fire; that Buffi's Automotive "was named as a defendant only after the evidence was destroyed"; and that Buffi's Automotive "should have been placed on notice of the claim and allowed to inspect the premises with its own experts prior to destruction of the evidence." The Alabama Supreme Court determined the circuit court could not properly conclude that the sanction of dismissal, as opposed to some lesser sanction, was mandated in the present case. “[B]ased on the record before us at this time, we are simply not convinced that Buffi's Automotive met its burden in this case.” Accordingly, summary judgment was reversed. View "Hartung Commercial Properties, Inc. v. Buffi's Automotive Equipment and Supply Company, Inc." on Justia Law

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The Supreme Court remanded this defamation case to the trial court for further proceedings, holding that the cap in Ohio Rev. Code 2315.18 that applies to tort actions seeking noneconomic loss as a result of an alleged injury or loss to a person or property also applies to defamation. Plaintiff filed this civil complaint against Defendant, alleging several claims. At trial, the only claim submitted to the jury was for defamation. The jury found in favor of Plaintiff and awarded her $800,000 in compensatory damages and $750,000 in punitive damages. Defendant appealed, arguing that the amount awarded in damages was in excess of the applicable caps on damages set forth in section 2315.18(B)(2). The appellate court affirmed. The Supreme Court reversed, holding that the cap on damages for noneconomic loss set forth in section 2315.18(B)(2) unambiguously caps the noneconomic damages that can be recovered as a result of defamation. View "Wayt v. DHSC, LLC" on Justia Law

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The Supreme Court dismissal this appeal from an order of the district court denying Appellant’s request for a stay of an order of sale in a judicial foreclosure action, holding that the order denying the request for a stay was not appealable. The district court determined that Appellant and his former spouse owed Mutual of Omaha Bank $533,459, ordered an execution sale, and foreclosed Appellant and his former spouse from asserting any interest in the property. Mutual subsequently applied to and received from the district court a supplemental decree ordering that sums paid by Mutual that were not included in the initial decree be added to the amount due Mutual. After Appellant unsuccessfully requested a stay of the order of sale Appellant appealed. The Supreme Court dismissed the appeal for lack of appellate jurisdiction, holding (1) because a supplemental decree like the one at issue in this case does not give rise to a right to seek a statutory stay the district court’s order denying Appellant’s request for a stay did not affect an essential legal right; and (2) therefore, the order was not final, and this Court lacked jurisdiction to decide the appeal. View "Mutual of Omaha Bank v. Watson" on Justia Law

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Larry Alber appealed a January 2018 order amending a 2013 order which found Alber in contempt for failure to abate a nuisance on his property in compliance with a October 2003 judgment. He argued the judgment was satisfied when he filed reports of compliance with the district court and thus the property no longer contained a nuisance subject to abatement. The City of Marion ("City") argued the district court properly amended the 2013 order. The North Dakota Supreme Court concluded the district court did not err in amending its order to clarify that the nuisance on the property remained subject to abatement after Alber's conveyance of the property. The Court therefore affirmed the district court's amended order. View "North Dakota ex rel. City of Marion v. Alber" on Justia Law

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At issue before the Mississippi Supreme Court in this case was whether NRG Wholesale Generation’s proffered expert used an acceptable method to determine the “true value” of its power plant in computing ad valorem tax. The expert used a mixture of the sales-comparison approach, the income approach, and the cost approach to determine the true value of the facility. Lori Kerr, the tax assessor for Choctaw County, and Choctaw County, Mississippi (collectively, the “County”), contended that Mississippi law mandates a trended historical cost-less-depreciation approach to calculate the true value of industrial personal property. The circuit court found in favor of the County and excluded NRG’s proffered expert testimony. NRG argued the circuit court abused its discretion. In addition, NRG also argued the circuit court erred in denying its motion to change venue because because many of the jurors knew the county officials named as defendants in this case, a fair trial in Choctaw County was impossible. The Supreme Court held the Mississippi Department of Revenue (the “DOR”) regulation controlled and that NRG’s expert applied an unacceptable method to determine true value. Therefore, the circuit court did not err in excluding NRG’s proffered expert testimony. Additionally, because NRG was afforded a fair and impartial jury, the circuit court did not abuse its discretion in denying the motion to change venue. View "NRG Wholesale Generation LP v. Kerr" on Justia Law

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The property owner failed to timely pay his taxes or to redeem them within two years of the tax sale of his property. The owner objected to the sale, asserting that he was deprived of his property without the statutorily required prior notice. The Mississippi Supreme Court found the chancery clerk’s first notice was returned undelivered. At that point, by statute, the clerk was required to diligently search for a different address for the property owner. But despite having another address readily available in the county’s land records, no notices were ever mailed to that address before the redemption period ended. Thus, the clerk’s search and inquiry did not strictly comply with the applicable law. The Supreme Court reversed the chancellor’s judgment affirming the tax sale and confirming title in the tax sale purchaser, and set aside the tax sale as void. View "Campbell Properties, Inc. v. Cook" on Justia Law

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If a creditor fails to make required disclosures under the Truth in Lending Act (TILA), borrowers are allowed three years from the loan's consummation date to rescind certain loans. However, TILA does not include a statute of limitations outlining when an action to enforce such a rescission must be brought. The Ninth Circuit applied the analogous state law statute of limitations -- Washington's six year contract statute of limitations -- to TILA rescission enforcement claims. The panel held that plaintiff's TILA claim was timely under Washington's statute of limitations. In this case, the cause of action arose in May 2013 when the Bank failed to take any action to wind up the loan within 20 days of receiving plaintiff's notice of rescission. The panel also held that the district court improperly denied plaintiff leave to amend the complaint. View "Hoang v. Bank of America NA" on Justia Law