Justia Real Estate & Property Law Opinion Summaries

The plaintiff resided at an apartment complex with his son, who was arrested for aggravated armed robbery by the local police department. After the arrest, the police informed the apartment management, which then evicted both the plaintiff and his son based on a lease provision prohibiting criminal conduct. The plaintiff sought information about his son’s arrest from the city and police department under the Texas Public Information Act, but his request was denied after the city consulted the Texas Attorney General and invoked a law-enforcement exception.In the United States District Court for the Southern District of Texas, the plaintiff filed suit against the city, the police department, the apartment complex, a debt collection agency, and the Texas Attorney General, alleging violations of the U.S. Constitution, the Fair Debt Collection Practices Act, and Texas law. All defendants either appeared, filed answers, or moved to dismiss. The plaintiff moved for default judgment against each defendant, but the district court denied those motions and granted the defendants’ motions to dismiss. On appeal, the plaintiff only challenged the denial of default judgment, as he did not brief arguments regarding the dismissals and thus forfeited them.The United States Court of Appeals for the Fifth Circuit reviewed only the denial of default judgment for abuse of discretion. The court held that default judgment was not warranted because the city, police department, and debt collector had all appeared or answered, and the Attorney General had not been properly served. The court also found that arguments regarding attorney conflict and judicial bias were either forfeited or unsupported. The Fifth Circuit affirmed the district court’s denial of default judgment. View "Clark v. City of Pasadena" on Justia Law

The dispute arose when a property owner obtained a building permit from a city and was required, under the city’s standard procedures, to submit a form containing financial information about subcontractors before the city would conduct necessary inspections and issue a certificate of occupancy. The property owner refused to provide the requested information, leading the city to withhold inspections. As a result, the property owner filed suit, seeking a declaratory judgment that the city lacked authority to require such information and requesting an order compelling the city to perform the inspections. The owner also sought damages for delays allegedly caused by the city’s refusal to inspect.After the property owner settled with the city’s building inspector, the case proceeded in the Baldwin Circuit Court. The jury was asked to decide both the declaratory judgment and damages claims, ultimately finding in favor of the property owner and awarding over $3.5 million in damages. The city appealed. The Supreme Court of Alabama, in a prior decision, held that the damages claim was barred by substantive immunity and reversed the damages award, but did not address the declaratory judgment claim, remanding the case for further proceedings.On remand, the Baldwin Circuit Court entered judgment for the property owner on the declaratory judgment claim but did not award damages. The city appealed again. The Supreme Court of Alabama held that, because the inspections had already been completed and all requested relief had been granted or resolved, no justiciable controversy remained. Therefore, the trial court lacked subject matter jurisdiction to enter a declaratory judgment. The Supreme Court of Alabama reversed the trial court’s judgment and remanded the case for dismissal. View "City of Orange Beach v. Boles" on Justia Law

In 1991, the predecessor to the plaintiffs conveyed land to the United States in a land exchange but retained certain water rights that could only be accessed through the conveyed property, now managed by the U.S. Forest Service. The conveyance documents did not mention these water rights or provide any right of access. Over the years, the plaintiffs and their predecessors sought permits from the Forest Service to access and develop the water rights, but the agency repeatedly expressed concerns about environmental impacts and indicated it had the authority to deny access. In 2010, the Forest Service formally opposed the plaintiffs’ efforts to maintain the water rights in state court, asserting it would not grant the necessary land use authorization.The United States District Court for the District of Colorado dismissed the plaintiffs’ claims under the Quiet Title Act (QTA) and the Declaratory Judgment Act (DJA). The court found the QTA claim time-barred by the statute’s twelve-year limitations period, reasoning that the plaintiffs or their predecessors were on notice of the government’s adverse claim well before the suit was filed in 2022. The court also dismissed the DJA claim, holding it was essentially a quiet title claim subject to the same limitations period.The United States Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal. The Tenth Circuit held that the QTA claim was untimely because, by 2006 at the latest, the Forest Service had asserted exclusive control sufficient to put the plaintiffs on notice of its adverse claim, causing the limitations period to expire before the suit was filed. The court also held that it lacked jurisdiction over two of the plaintiffs’ requests for declaratory relief and that the third, alleging a taking, was not ripe because the plaintiffs had not first sought compensation under the Tucker Act. View "Purgatory Recreation I v. United States" on Justia Law

The California Department of Water Resources (DWR) planned to conduct preconstruction geotechnical work, such as soil and groundwater testing, in the Sacramento-San Joaquin Delta and Suisun Marsh as part of preparations for the Delta tunnel project, which aims to improve water conveyance and environmental protection. Various municipal, tribal, and public interest entities objected, arguing that DWR could not begin this work until it certified that the tunnel project was consistent with the Delta Plan, as required by the Sacramento-San Joaquin Delta Reform Act of 2009. The disputed geotechnical work included soil borings, groundwater monitoring, test trenches, and other activities intended to inform the project’s design and mitigation measures.The Superior Court of Sacramento County reviewed several related actions brought by these entities. The plaintiffs sought and obtained preliminary injunctions preventing DWR from conducting the preconstruction geotechnical work until it submitted a certification of consistency with the Delta Plan. The trial court found that the geotechnical work was an integral part of the tunnel project, which was a “covered action” under the Delta Reform Act, and concluded that DWR was required to certify consistency before initiating any part of the project, including the geotechnical work.On appeal, the California Court of Appeal, Third Appellate District, reversed the trial court’s orders. The appellate court held that the Delta Reform Act does not require DWR to submit a certification of consistency before engaging in preconstruction geotechnical work, distinguishing the requirements of the Delta Reform Act from those of the California Environmental Quality Act (CEQA). The court found that the geotechnical work was not itself a “covered action” under the Delta Reform Act and that the Act does not incorporate CEQA’s prohibition against “piecemealing.” The case was remanded for the trial court to reconsider the motions for preliminary injunction in light of this holding. View "Tulare Lake Basin Water Storage Dist. v. Dept. of Water Resources" on Justia Law

A Colorado-based company applied to the Utah state engineer for permission to divert 55,000 acre-feet of water annually from the Green River in Utah, intending to pipe it across Wyoming for use in Colorado. The company proposed to use the water along Colorado’s Front Range but had not finalized a delivery location or obtained any approvals from Colorado authorities. The application was subject to both the Upper Colorado River Basin Compact, which governs interstate water allocations, and Utah’s statutes regulating water appropriation and export.After receiving the application, the Utah state engineer published notice, received protests, and held an administrative hearing. The engineer ultimately denied the application, finding that the company had not demonstrated compliance with Utah’s Export Statute, particularly the requirement to show that the water could be beneficially used in Colorado. The engineer also noted the absence of any guarantee from Colorado that the water would be counted against its compact allocation. The company’s request for reconsideration was denied by default. The company then sought de novo review in the Eighth District Court, Daggett County.The district court granted summary judgment for the state engineer, ruling that the Upper Compact did not preempt Utah’s water laws and that the applicant failed to show beneficial use as required by Utah’s Export Statute. The court also found, in the alternative, that Colorado was a necessary and indispensable party that could not be joined. On direct appeal, the Supreme Court of the State of Utah affirmed the district court’s judgment, holding that Utah’s Export Statute is not preempted by the Upper Compact and that the applicant failed to establish a reason to believe the exported water could be beneficially used in Colorado. View "Water Horse v. Wilhelmsen" on Justia Law

A developer entered into an agreement with a city to develop a downtown district, which included provisions for three large signs identifying the area as "Reno's Neon Line District." The city council approved the agreement and adopted it by ordinance. A nonprofit organization dedicated to scenic preservation objected, arguing that the signs were actually billboards prohibited by city code and that the developers lacked the necessary interest to enter into the agreement.The Second Judicial District Court in Washoe County partially granted the nonprofit’s petition for a writ of mandamus. The court found that the nonprofit had standing to challenge the agreement. It ruled that one sign (the archway sign) was a permissible area identification sign, but determined that the other two signs (the gas station sign and the cemetery sign) were, respectively, an on-premises advertising display and a billboard, both in violation of city code. The court severed the provisions for these two signs from the agreement and issued a writ preventing their construction.On appeal, the Supreme Court of Nevada reviewed whether the nonprofit had standing and whether the district court properly reclassified the signs. The Supreme Court held that the city’s classification of the signs as area identification signs was entitled to a presumption of validity and that substantial evidence supported this classification. The court further held that the nonprofit lacked standing to seek writ relief because it did not have a direct and substantial beneficial interest in the agreement, as the signs were not billboards and thus not covered by a prior settlement agreement with the city. The court also found that the nonprofit had waived any argument for representational standing. The Supreme Court of Nevada vacated the district court’s order and remanded the case for further proceedings consistent with its opinion. View "RENO REAL ESTATE DEVEL., LLC VS. SCENIC NEVADA, INC." on Justia Law

Owners of developed commercial and residential properties in Athens-Clarke County challenged the county’s stormwater utility charge, arguing that it was an unconstitutional tax rather than a fee. The charge, established by county ordinances in 2004, funds stormwater management services required by federal law, with the amount assessed based on impervious surface area and land-use classification. The ordinance exempts certain properties, such as public roads and sidewalks, and offers credits for on-site stormwater management. The funds collected are used for flood prevention, pollution minimization, and compliance with federal regulations.Previously, the Superior Court of Athens-Clarke County granted summary judgment to the county, finding that the stormwater utility charge was a fee, not a tax, and thus not subject to the Georgia Constitution’s taxation uniformity provision. This decision relied on the Georgia Supreme Court’s earlier ruling in Homewood Village, LLC v. Unified Government of Athens-Clarke County, which had addressed the same ordinance and held it imposed a fee rather than a tax. The appellants also pursued related claims in federal court, but those were dismissed on abstention grounds.On appeal, the Supreme Court of Georgia affirmed the trial court’s decision. The court held that its prior decision in Homewood Village, LLC v. Unified Government of Athens-Clarke County controlled, reaffirming that the stormwater utility charge is a fee and not a tax, and therefore the uniformity provision does not apply. The court also rejected the appellants’ arguments that the charge constituted an unconstitutional taking under the Georgia and United States Constitutions, finding no basis for such a claim. Finally, the court found that the trial court had properly applied the summary judgment standard and had not improperly resolved factual disputes. The judgment in favor of the county was affirmed. View "HOMEWOOD ASSOCIATES INC. v. UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY" on Justia Law

A proposed residential development in downtown Livermore, California, was the subject of a dispute between a community group and the city. The city had entered into agreements with a developer, Eden Housing, to build affordable workforce housing and, as part of a 2022 resolution, authorized the construction and improvement of a new public park, Veterans Park. Move Eden Housing, a local group, sought to challenge this resolution through a referendum, arguing that the city’s approval of the park was a legislative act subject to voter review.The Alameda County Superior Court initially denied Move Eden’s petition for a writ of mandate, finding the city’s resolution to be administrative and not subject to referendum. On appeal, the California Court of Appeal, First Appellate District, Division Five, reversed, holding that the park approval was a legislative act and ordered the city to process the referendum petition. In response, the city repealed the 2022 resolution and enacted a new 2024 resolution that reaffirmed the development agreement but omitted the Veterans Park provisions.Move Eden then argued that the city’s adoption of the 2024 resolution violated California Elections Code section 9241, which prohibits reenactment of a repealed ordinance for one year. The trial court agreed and granted Move Eden’s motion to compel compliance with the writ of mandate.On further appeal, the California Court of Appeal, First Appellate District, Division Five, reversed the trial court’s order. The appellate court held that section 9241 did not prohibit the city from adopting the 2024 resolution because it involved only administrative acts implementing prior legislative determinations not challengeable by referendum. The court clarified that the referendum power and section 9241’s restrictions apply only to legislative acts, not administrative actions. The matter was remanded with instructions to deny Move Eden’s motion. View "Move Eden Housing v. City of Livermore" on Justia Law

The case concerns a challenge to the validity of Measure C, a citizens’ initiative placed on the ballot by the City of San Diego for the March 2020 election. Measure C proposed an increase in the city’s transient occupancy tax, with revenues earmarked for homelessness programs, street repairs, and convention center improvements. The measure also authorized the City to issue bonds repaid from the new tax revenues. Measure C received 65.24 percent of the vote, and the city council subsequently passed resolutions declaring the measure approved and authorizing the issuance of related bonds.After the election, Alliance San Diego and other plaintiffs filed actions challenging the City’s resolution declaring Measure C had passed, arguing it was invalid. The City responded with a validation complaint seeking judicial confirmation of the validity of Measure C and the related bond resolutions. California Taxpayers Action Network (CTAN) and other opponents answered, contending that Measure C required a two-thirds vote and was not a bona fide citizens’ initiative. The Superior Court of San Diego County initially granted a motion for judgment on the pleadings, finding that a two-thirds vote was required, and entered judgment against the City. On appeal, the California Court of Appeal, Fourth Appellate District, Division One, reversed and remanded for further proceedings to determine whether Measure C was a bona fide citizens’ initiative.On remand, the trial court conducted a bench trial and rejected CTAN’s arguments, finding that it had subject matter jurisdiction, the case was ripe, the special fund doctrine exempted the bonds from the two-thirds vote requirement, and Measure C was a bona fide citizens’ initiative requiring only a simple majority vote. The California Court of Appeal affirmed the trial court’s judgment, holding that Measure C and the related bond resolutions were valid, and that the trial court properly excluded certain hearsay evidence. View "Alliance San Diego v. California Taxpayers Action Network" on Justia Law

The dispute centers on the extension of a grading and grubbing permit issued by the Director of the Department of Public Works, County of Maui, to Maui Lani Partners for excavation work at a residential development site containing ancestral Hawaiian burial sites. In March 2018, an unincorporated association and its members challenged the validity of the permit extension, alleging violations of state and county laws requiring consultation with the State Historic Preservation Division and arguing that the Director exceeded his authority in granting the extension without good cause.The Circuit Court of the Second Circuit granted motions to dismiss the complaint on all counts without prejudice, finding no regulatory or statutory authority requiring consultation with the State Historic Preservation Division for permit extensions and that the Director acted within his discretionary authority. The court denied the plaintiffs’ motion for summary judgment and later denied their HRCP Rule 60(b)(6) motion for reconsideration, concluding that the plaintiffs had not presented new law or argument. The plaintiffs appealed to the Intermediate Court of Appeals (ICA), which affirmed the circuit court’s denial of costs and the motion for reconsideration but held that the notice of appeal was untimely because the Rule 60(b) motion was not filed within ten days of judgment and thus did not toll the appeal deadline.The Supreme Court of Hawaiʻi reviewed the case and held that a motion for reconsideration filed under HRCP Rule 60(b) is a “tolling motion” under HRAP Rule 4(a)(3) if filed within a reasonable time and before the appeal deadline, thereby extending the time to file a notice of appeal. The court also held that the ICA did not err in affirming the circuit court’s denial of the Rule 60(b)(6) motion for reconsideration. The Supreme Court vacated the ICA’s judgment in part and remanded for further proceedings. View "Kakanilua v. Director of the Department of Public Works" on Justia Law