Justia Real Estate & Property Law Opinion Summaries

The Day family and Trust B of the Donald M. Day and Marjorie D. Day Family Trust appealed a district court’s decision to grant the Idaho Transportation Department’s (“ITD”) motion for involuntary dismissal. ITD cross-appealed, arguing that the district court erred in denying its request for attorney fees under Idaho Code section 12-120(3). In 1961, the Days learned that access to their property via public highways would be affected when the state highway converted to a controlled-access federal interstate highway, then known as Interstate 80. The Days entered into a preliminary agreement with the Idaho Department of Highways (“IDH,” predecessor to ITD) that allowed IDH to take possession of approximately nine acres of the Day Property for construction of the interstate. In 1967, the Days entered into a right-of-way contract with IDH in furtherance of the 1961 Agreement. The 1967 Contract included an agreement for IDH to provide access to a future frontage road from I-80 to the Day Property. In the 1990s, the State began construction on the Isaacs Canyon Interchange near the Day Property. The Interchange Project eliminated a portion of the original 50-foot right of way that provided access to the Day Property under the 1967 Contract. Because of this, ITD provided replacement access easements to the Day Property. These replacement access easements were located southwest of the Interstate. The Days informed ITD the family was dissatisfied with the replacement easements and did not think they afforded the Days equivalent access to what they had prior to the construction of the Interchange. The Days sold the property to Edmonds Groves Land Holdings Inc. (“Groves”) in 2005, with the purchase price secured by a mortgage held by the Day Family. Groves later defaulted in its mortgage agreement with the Days during the recession in December of 2008. As a result, ownership of the Day Property reverted to the Day Family by way of deed in lieu of foreclosure. After the Days reacquired the property, they had difficulty obtaining title insurance because of concerns that “the access easement was owned by ITD and [the Days] did not have any statement that the easement was for the benefit of the Days.” They sued alleging inverse condemnation, and breach of contract. Finding no reversible error in the district court's dismissal, the Idaho Supreme Court affirmed. View "Day v. Idaho Transportation Department" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court denying Appellant's requests for writs of mandamus and certiorari to reverse the Clay County Board of Adjustment's decision affirming the order of the Clay County Planning Commission denying Appellant's proposed conditional use permit, holding that the circuit court erred in dismissing the writ of certiorari as untimely.In denying Appellant's requests, the circuit court determined that the petition for writ of certiorari was untimely and that a writ of mandamus was not an available remedy. The Supreme Court reversed in part, holding that the circuit court (1) did not err in denying the writ of mandamus; but (2) erred in determining that it did not have jurisdiction to consider the writ of certiorari. The Court remanded the case for further proceedings to determine whether Appellant's petition seeking a writ of certiorari was timely filed. View "Hauck v. Clay County Commission" on Justia Law

The Supreme Court held that an action taken by the Minnesota Pollution Control Agency (MPCA) in issuing a National Pollutant Discharge Elimination System/State Disposal System permit was arbitrary and capricious and that the permit did not comply with a Minnesota rule addressing wastewater discharges to groundwater, Minn. R. 7060.0600, subp. 2.At issue was the MPCA's issuance of the permit for a Poly Met Mining, Inc. project. The court of appeals reversed in part, concluding that the MPCA failed properly to consider whether the federal Clean Water Act (CWA) applied to future discharges from Poly Met's facility to groundwater. The Supreme Court remanded the cause, holding (1) remand was required because there were suggestions that the MPCA did not properly consider whether the permit complies with the CWA and that the MPCA did not genuinely engage in reasoned decision-making; (2) remand was required for consideration of whether a variance was available to allow the planned discharge to the unsaturated zone within the containment system; and (3) the prohibition on injecting polluted water directly to the groundwater saturated zone for long-term storage did not apply in this case. View "In the Matter of the Denial of Contested Case Hearing Requests & Issuance of National Pollutant Discharge Elimination System" on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of the Town of Exeter in this action seeking injunctive and declaratory relief challenging the Town's decision to amend its zoning ordinance, which prevented Plaintiff from developing three commercial solar-field projects in Exeter, holding that Plaintiff was not entitled to relief on its allegations of error.On appeal, Plaintiff challenged several aspects of the superior court's judgment denying Plaintiff's request to enjoin enforcement of an emergency moratorium ordinance preventing review of Plaintiff's solar-field projects and to declare that Plaintiff's solar-field projects were vested pursuant to R.I. Gen. Laws 45-24-44. The Supreme Court affirmed, holding that, under this Court's understanding of the relevant law, the trial court properly entered judgment in favor of the Town. View "Green Development, LLC v. Town of Exeter" on Justia Law

The Supreme Court affirmed the order of the Ohio Power Siting Board authorizing Firelands Wind, LLC to construct, operate, and maintain a wind farm in Huron and Erie Counties, holding that the nineteen nearby residents and the Black Swamp Bird Observatory that brought this appeal (collectively, Appellants) have not established that the Board's order was unlawful or unreasonable.On appeal, Appellants challenged the Board's determination that the wind farm satisfies the statutory requirements for constructing a major utility facility, asserting, among other things, that the project could kill birds and create excessive noise for residents near the wind farm and that the Board improperly failed to follow its administrative rules. The Supreme Court affirmed, holding that the Board's order was neither unlawful nor unreasonable. View "In re Application of Firelands Wind, L.L.C." on Justia Law

The First Circuit denied Petitioners' petition objecting to a permit issued by the Environmental Protection Agency (EPA) and affirmed by the Environmental Appeals Board requiring General Electric Company (GE) to clean up polychlorinated biphenyls from certain portions of the Housatonic River, holding that the EPA's challenged actions were not arbitrary or capricious.On appeal, Petitioners brought three substantive challenges and also brought procedural challenges to the permit's issuance. The First Circuit denied the petition after noting that should GE's cleanup of the river not achieve the goals set out in the permit, the permit requires further measures, holding that Petitioners were not entitled to relief on their procedural and substantive legal challenges. View "Housatonic River Initiative v. U.S. Environmental Protection Agency" on Justia Law

The City of Los Angeles (the City) approved a project at 1719-1731 North Whitley Avenue in Hollywood (the Project) that would replace 40 apartments subject to the City’s rent stabilization ordinance (RSO) with a hotel. The City determined the Project was exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines relating to certain development projects. The relevant guideline addresses what is often referred to as the “infill” exemption or the “Class 32” exemption. Respondent United Neighborhoods for Los Angeles (United Neighborhoods) sought a writ of mandate in the Los Angeles Superior Court, arguing, among other things, that the in-fill exemption does not apply because the Project is not consistent with a General Plan policy concerning the preservation of affordable housing. The trial court granted the writ, effectively halting the Project until the City was to find the Project is consistent with that policy or 148-159 undertakes CEQA review. The City and real parties in interest appeal.   The Second Appellate District affirmed the order granting the petition for writ of mandate. The court explained that the City’s suggestion that the Project’s consistency with the Framework Element implies consistency “with the entirety of the General Plan” because of the Framework Element’s foundational role assumes, contrary to authority, the Framework Element stands in perfect harmony with the General Plan. However, the court explained that although it affirms the trial court, it does not suggest that the City was necessarily required to make formal findings that Housing Element policies are outweighed by competing policies favoring the Project. View "United Neighborhoods for L.A. v. City of L.A." on Justia Law

The plaintiffs brought this action after the defendant modified a storm water drainage system, allegedly causing flooding onto their property. The plaintiffs raised two distinct claims that remained at issue on appeal: a claim under the sewage-disposal-system- event (SDSE) exception to governmental immunity under the governmental tort liability act (GTLA), and a common-law trespass-nuisance claim seeking injunctive relief. The trial court dismissed both claims as untimely under the applicable three-year statute of limitations. Like the Court of Appeals, the Michigan Supreme Court disagreed, holding the SDSE claim, which sought relief only in connection with flooding that occurred within the three-year window, was timely. However, unlike the Court of Appeals, the Supreme Court concluded that because the defendant was immune with respect to the plaintiffs’ common-law trespass-nuisance claim, that claim was properly dismissed. In light of this holding, the Court vacated as unnecessary the Court of Appeals’ holding that the trespass-nuisance claim was timely. Finally, because the plaintiffs only sought injunctive relief in connection with that claim, their request for an injunction was invalid. Therefore, the Supreme Court reversed the trial court’s grant of summary judgment to the defendant with respect to the plaintiff’s SDSE claim, affirmed with respect to the common-law trespass-nuisance claim, and remanded for further proceedings. View "Sunrise Resort Association, Inc. v. Cheboygan County Road Commission" on Justia Law

The Supreme Court reversed the decision of the Missouri Mining Commission awarding attorney fees and expenses in favor of Fowler Land Company and the Margaret Leist Revocable Trust (collectively, Landowners) after Landowners prevailed in litigation concerning the creation of water impoundments on their property, holding that the Commission erred in awarding fees and expenses.Alternative Fuels, Inc. (AFI) leased land from Landowners, who consented to AFI's creation of water impoundments on their property, but AFI constructed additional impoundments without consent. Missouri Department of Natural Resources (DNR) initiated enforcement actions against AFI, after which AFI received approval for a permit revision. The Commission upheld the approval. The circuit court reversed. On remand, the Commission denied the permit revision application. Thereafter, Landowners filed an application for attorney fees and expenses arguing that they were the prevailing party and were entitled to attorney fees. The Commission granted the application. The Supreme Court reversed, holding that Landowners' fee application was untimely, and therefore, the Commission erred in awarding Landowners attorney fees and expenses. View "State ex rel. Dep't of Natural Resources v. Fowler Land Co." on Justia Law

Show Me State Premium Homes wants its purchase of a foreclosed property to be free and clear of all other interests, including those belonging to the United States. Getting what it wants would require a “judicial sale.” After removing the case the United States filed a motion to dismiss. Its position was that there could be no foreclosure without a judicial sale. The district court agreed, declined to exercise supplemental jurisdiction over what remained, and remanded to state court.   The Eighth Circuit affirmed the judgment of the district court but modified the dismissal of the ejectment and damages claims to be without prejudice. The court explained that a buyer’s interest is only “inchoate” before it gets a valid deed, not after. And here, title vested once the bond company “exercised its right to have the legal title transferred.” No “judicial sale” ever took place, and it is too late to hold one now, meaning that the interests held by the United States have never been foreclosed. View "Show Me State Premium Homes, LLC v. George McDonnell" on Justia Law