Justia Real Estate & Property Law Opinion Summaries

Alcoa Road Storage, Inc. was awarded attorneys’ fees in a judgment arising from a condemnation proceeding. The City of Benton appealed, arguing that the circuit court erred in awarding attorneys’ fees because there is no statutory authority for awarding such fees against a municipality in a condemnation proceeding. Alcoa cross-appealed, challenging the circuit court’s denial of its request for payment of expert-witness fees. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) erred in awarding attorneys’ fees because attorneys’ fees are not expressly provided for in Ark. Code Ann. 18-15-307(c); and (2) did not err in finding that expert-witness fees incurred by a landowner to establish the calculation of its just compensation are not “costs occasioned by the assessment” pursuant to section 18-15-307(c). View "City of Benton v. Alcoa Road Storage Inc." on Justia Law

Appellees, class representatives of property owners located in a subdivision, sought declaratory judgment that certain “tie-in rights” were unenforceable. During the suit, Appellant filed an interlocutory appeal of the circuit court’s denial of its motion to compel arbitration with the unnamed class members. The Supreme Court reversed and remanded case number CV 14-618 to rule on whether there was a valid agreement to arbitrate between Appellant and the unnamed class members. The mandate issued pursuant to an opinion that ordered Appellees to pay Appellant $5,091 for costs in the appeal. Appellees subsequently filed a motion regarding costs and a motion to recall and amend the mandate. Both motions were denied. The Supreme Court recalled the mandate in case number CV-14-618 and directed the clerk to amend the mandate to reflect that each party is to bear its own costs, holding that the circuit court was without jurisdiction to award judgment for costs. View "Dye v. Diamante, a Private Membership Golf Club, LLC" on Justia Law

Appellants in this case were class representatives of a group of property owners located in Hot Springs Village. Appellants filed suit against a private golf club associated with the development seeking a declaratory judgment that the provisions contained in supplemental declarations were unenforceable. The circuit court declared that the supplemental provisions were valid and enforceable and that there had been no breach of the declarations. The court also denied the disgorgement of any dues paid during the suit. Appellants raised eight points of appeal. The Supreme Court affirmed, holding that there was no error in the circuit court’s decision. View "Dye v. Diamante, a Private Membership Golf Club, LLC" on Justia Law

This case arose from a dispute between George Stokes and his son, Mason Stokes, over the ownership of farmland in Chicot County. Mason filed a petition to quiet title to the farmland. The circuit court ruled that Mason and George each owned an undivided one-half interest in the farmland as tenants in common and authorized distribution of one-half of the crop income to Mason. The court then awarded Mason attorney’s fees. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not deny George’s constitutional right to trial by jury by adjudicating the equitable claims before the legal claims; (2) did not err by validating a 1999 warranty deed; (3) did not err in granting summary judgment and in ruling that a 2009 quitclaim deed was void; but (4) erred by awarding attorney’s fees to Mason. View "Stokes v. Stokes" on Justia Law

In 2013, the Kanis and Denny Roads Suburban Water Improvement District No. 349 of Pulaski County (the District) reassessed Southwest Power Pool, Inc.’s (SPP) commercial facility, an improvement on its property that is connected to the City of Little Rock’s waterworks system, which resulted in an annual levy of $60,653. The District’s board of equalization confirmed the reassessment. SPP then filed a complaint in circuit court, arguing that the reassessment was wrong as a matter of law and of fact. The circuit court largely granted the District’s motion for summary judgment, and, following a bench trial on the issue of the sufficiency of the 2013 notice of reassessment, the circuit court granted final judgment in favor of the District. The Supreme Court reversed, holding that SPP’s facility cannot be assessed, and accordingly, the 2013 reassessment, and the subsequent reassessments, are invalid. View "Sw. Power Pool Inc. v. Kanis & Denny Roads Suburban Water Improvement Dist. No. 34" on Justia Law

Appellees brought this suit against the City of Little Rock for just compensation for the taking of Appellees’ property in connection with a modification of the I430/I630 Interchange. After a jury trial, the circuit court entered judgment in favor of Appellees. The City filed a notice of appeal and later filed a motion for extension of time to lodge the record. The circuit court denied the motion for extension. The City subsequently filed a second motion for extension. A special judge granted an extension to lodge the record. Appellees filed an amended and substituted motion to dismiss, contending that the circuit court erred in granting the extension of time because the City did not strictly comply with the requirements of Ark. R. App. P-Civ. 5. The Supreme Court granted the motion and dismissed the appeal, holding that the City failed strictly to comply with Rule 5, and therefore, the circuit court erred in granting the motion for extension of time to file the record. View "City of Little Rock v. Hermitage Dev. Corp." on Justia Law

In 2014, the City of Siloam Springs filed a second amended complaint for condemnation of land and order of immediate possession of property owned by Appellees. The complaint alleged that the amount of $13,950 would be just compensation for the taking. Appellees denied that $13,950 was just compensation. A jury rendered a verdict in favor of Appellees, concluding that they were entitled to just compensation in the amount of $22,253. Appellees subsequently filed a motion for attorney’s fees, alleging that their property had been taken by the State through the Arkansas State Highway Commission and that they were entitled to attorney’s fees under Ark. Code Ann. 27-67-317(b). The trial court entered a judgment in favor of Appellees and awarded attorney’s fees and expenses. The Supreme Court reversed, holding (1) the City in this case proceeded under its authority as a municipality in exercising eminent domain over the property; and (2) there is no statutory authority for an award of attorney’s fees against a municipality in a condemnation proceeding. View "City of Siloam Springs v. La-De LLC" on Justia Law

Ozark Mountain Regional Public Water Authority filed a complaint for condemnation and declaration of taking, seeking to take property owned by Appellants. That same day, Ozark deposited $66,986, the fair-market-appraisal amount of the property, with the clerk of court. Appellants challenged the amount deposited, claiming it was not sufficient compensation. After a trial, the jury awarded Appellants $341,500 in compensation for the property. Thereafter, Appellants filed a motion for attorney’s fees pursuant to Ark. Code Ann. 18-15-605(b). The circuit court denied the motion, finding that section 18-15-605(b) was not applicable to Appellants’ case. The Supreme Court affirmed, holding that the circuit court did not err in finding that section 18-15-605(b) was not applicable to Appellants’ case and in thereby denying Appellants’ motion for attorney’s fees. View "Giles v. Ozark Mountain Reg'l Pub. Water Auth." on Justia Law

CenterPoint Energy Gas Transmission Co., a gas pipeline company that has the power of eminent domain, filed a petition to condemn an easement on property owned by GSS, LLC. The circuit court entered an order of possession, and, after a trial, awarded GSS $64,000 as just compensation. The Supreme Court affirmed, holding that the circuit court (1) did not abuse its discretion in excluding evidence of value of a contiguous parcel of land from a separate case; (2) did not err in granting summary judgment in favor of CenterPoint on GSS’s counterclaims; and (3) did not err in granting summary judgment to CenterPoint. View "GSS, LLC v. Centerpoint Energy Gas Transmission Co." on Justia Law

Dan and Brenda Billingsley owned and operated Floors and More, Inc. on certain property (“West Bank Property”). Benton NWA Properties purchased the property across from the West Bank Property in 2008 (“East Bank Property”). Appellants, the Billingsleys and Floors and More, filed a second amended complaint against Benton NWA, alleging that Appellants suffered damages after the West Bank Property flooded due to the owners of the East Bank Property placing fill material in the floodplain. The parties settled, and the circuit court subsequently granted a motion to enforce the settlement agreement in favor of Benton NWA. Appellants appealed, arguing that the circuit court erred in ordering that the settlement agreement should contain a release of all liability for future flooding of property owned by the Billingsleys. The Supreme Court dismissed the appeal without prejudice because the circuit court’s order failed to contain specific factual findings in accordance with Ark. R. Civ. P. 54(b). View "Billingsley v. Benton NWA Props., LLC " on Justia Law