Justia Real Estate & Property Law Opinion Summaries

The Monte Vista Villas Project, on the site of the former Leona Quarry, has been in development since the early 2000s. The developers planned to close the 128-acre quarry site, reclaim it, and develop the land into a residential neighborhood with over 400 residential units, a community center, a park, pedestrian trails, and other recreational areas. In 2005, the developers entered into an agreement with Oakland to pay certain fees to cover the costs of its project oversight. The agreement provided that the fees set forth in the agreement satisfied “all of the Developer’s obligations for fees due to the City for the Project.” In 2016, Oakland adopted ordinances that imposed new impact fees on development projects, intended to address the effects of development on affordable housing, transportation, and capital improvements, and assessed the new impact fees on the Project, then more than a decade into development, when the developers sought new building permits.The trial court vacated the imposition of the fees and directed Oakland to refrain from assessing any fee not specified in the agreement. The court of appeal reversed, finding that any provision in, or construction of, the parties’ agreement that prevents Oakland from imposing the impact fees on the instant development project constitutes an impermissible infringement of the city’s police power and is therefore invalid. View "Discovery Builders, Inc. v. City of Oakland" on Justia Law

According to allegations in the complaint, for over forty years, Monsanto was the only U.S. manufacturer of polychlorinated biphenyls (“PCBs”). The federal government and states spent enormous sums cleaning up PCB environmental contamination. The State of Delaware alleged Monsanto knew that the PCBs it produced and sold to industry and to consumers would eventually be released into the environment and would cause lasting damage to public health and the State’s lands and waters. The State brought this action to hold Monsanto responsible for its cleanup costs, asserting claims for public nuisance, trespass, and unjust enrichment. A Delaware superior court dismissed the complaint, reasoning that even though the State alleged Monsanto knew for decades PCBs that were toxic and would contaminate the environment for generations, the State: (1) could not assert a public nuisance claim or trespass claim because Monsanto manufactured PCB products, which entered the environment after sale to third parties; (2) State did not have standing to bring a trespass claim because it held public lands in trust rather than outright and therefore did not have the exclusive possession of land needed to assert a trespass claim; (3) the superior court held it lacked subject matter jurisdiction to hear the unjust enrichment claim as a standalone claim; and (4) the State could not use an unjust enrichment claim to recover future cleanup costs. The Delaware Supreme Court found the State pled sufficiently that even though Monsanto did not control the PCBs after sale it substantially participated in creating the public nuisance and causing the trespass by actively misleading the public and continuing to supply PCBs to industry and consumers knowing that PCBs were hazardous, would escape into the environment after sale to third parties, and would lead to widespread and lasting contamination of Delaware’s lands and waters. Further, the Supreme Court found the State alleged that it owned some land directly and therefore had exclusive possession of that land needed to assert a trespass claim. The Court affirmed in all other respects, and remanded the case for further proceedings. View "Delaware v. Monsanto Company" on Justia Law

This case stemmed from a 2019 lease by Respondents the City of Sandpoint (“the City”) to The Festival at Sandpoint (“The Festival”), a nonprofit corporation, to operate a multi-day music concert series in War Memorial Field Park. The Festival had a long-standing policy of prohibiting festival patrons from bringing weapons, including firearms, into the event. On August 9, 2019, Scott Herndon and Jeff Avery purchased tickets to the festival and attempted to enter. Avery openly carried a firearm and Herndon possessed a firearm either on his person or in a bag (the record was unclear on this point). Security personnel for the event denied entry to both. After discussions with a City police officer and the City’s attorney, who was coincidentally attending the same event in his private capacity, Herndon and Avery eventually left the music festival and received a refund for their tickets. Appellants Herndon, Avery, the Idaho Second Amendment Alliance, Inc., and the Second Amendment Foundation, Inc. subsequently sued the City and The Festival, asserting several claims, including seeking injunctive relief prohibiting the Respondents from violating the Idaho and United States Constitutions, particularly the Second Amendment and the Idaho Constitution’s provision securing the right to keep and bear arms in public for all lawful purposes. The district court ultimately granted the Respondents’ motions for summary judgment, awarded both the City and The Festival attorney fees and costs, and dismissed all the Appellants’ claims with prejudice. The issue raised on appeal was whether a private party who leased public property from a municipality may govern those who come and go from the property during the lease. The Idaho Supreme Court responded in the affirmative, and affirmed the district court's judgment. View "Herndon v. City of Sandpoint" on Justia Law

The Supreme Court affirmed the decision of the district court denying Hamilton Southside Historic Preservation Association's (HSHPA) petition for a writ of certiorari challenging four decisions of the Hamilton Zoning Board of Adjustment (ZBA), holding that the district court did not err.Specifically, the Supreme Court held that the district court did not err in determining that the ZBA did not abuse its discretion when it (1) issued a conditional use permit to the Roman Catholic Bishop of Helena to construct and use a new church structure after demolition of the St. Francis Catholic Church; (2) approved a rear-yard setback variance; (3) approved a steeple height variance; and (4) upheld the zoning administrator's approval of a joint use parking agreement for the new structure. View "Hamilton Historic Preservation Ass'n v. Zoning Bd. of Adjustment" on Justia Law

The Court of Appeals affirmed the judgment of the appellate court concluding that the circuit court erred in determining that there was no public road over the parcel of real property in St. Mary's County at issue in this case but did not err in determining that the County owned the property in fee simple absolute, holding that the appellate court did not err.The trustee of the Wilkinson Family Trust sued the Board of County Commissioners of St. Mary's County asserting ownership of the property at issue. The circuit court found that the County owned the property in fee simple absolute and that no public road existed on the property. The appellate court vacated the judgment and remanded the case. The Court of Appeals affirmed, holding that the appellate court (1) did not err in concluding that the County owned the property in fee simple absolute; and (2) did not err in holding that, as a matter of law, a public road was established on the property by dedication. View "Bd. of County Commissioners v. Aiken" on Justia Law

In 2018, voters in the City of South Lake Tahoe (City) enacted Measure T, an initiative that prohibited the use of dwellings in residential zones as short-term or vacation rentals. Measure T amended the City’s vacation home rental ordinances to bar the City from issuing any new permits for vacation home rentals in residential zones except for permanent residents’ dwellings, and to declare that all such existing and new permits would expire by the end of 2021. Measure T also imposed more strict occupancy limits on vacation rental homes which were to be effective immediately. Plaintiff South Lake Tahoe Property Owners Group brought this action against the City to have Measure T declared unconstitutional. On cross-motions for summary judgment, the trial court granted summary judgment in favor of the City and denied plaintiff’s motion. On appeal, contended Measure T: (1) unconstitutionally interfered with vested property rights; (2) created an unconstitutional durational residency requirement to qualify for the exception to the ban; (3) exceeded the initiative power in violation of land use authority vested in the Tahoe Regional Planning Agency (TRPA); and (4) violated rights of privacy and equal protection by restricting occupancy. After review, the Court of Appeal reversed the trial court to the extent that it found Measure T’s exception for resident owners did not violate the dormant Commerce Clause. The judgment was affirmed in all other respects. View "South Lake Tahoe Property etc. v. City of South Lake Tahoe" on Justia Law

The Supreme Court affirmed the judgment of the circuit court, holding that the Missouri Constitution does not permit the General Assembly to limit the Conservation Commission's authority to expend and use conservation funds for constitutionally-enumerated purposes.The General Assembly enacted House Bill No. 2019 in 2020, appropriating $21 million to the Conservation Commission. The General Assembly, however, removed language from HB 2019 regarding use of the Commission's funds, including for land acquisition and payments in lieu of taxes (PILT). Later, the Commission attempted to withdraw funds to pay for a land acquisition and for PILT, but the Office of Administration denied the requests. The Commission and the Missouri Department of Conservation brought this action against the Attorney General and the Commissioner of the Office of Administration seeking declaratory relief to require certification of PILT payments. The circuit court ordered the Commissioner to certify the land purchase and PILT payments as requested. The Supreme Court affirmed, holding that, in passing HB 2019, the General Assembly invaded the Commission's constitutional authority by attempting to limit the constitutionally-enumerated purposes for which the Commission could use its funds. View "Conservation Comm'n v. Bailey" on Justia Law

Petitioners-appellants the Reeses and their neighbors challenged the Blackfoot City Council’s decision to approve a Planned Unit Development (“PUD”) in a “Residential Ranchette” zoning district. The district court dismissed their petition for judicial review after holding the Reeses did not demonstrate prejudice to a substantial right. After review, the Idaho Supreme Court found no reversible error and affirmed the district court's decision. View "Reese v. City of Blackfoot" on Justia Law

The Supreme Judicial Court remanded this matter involving the decision of the Planning Board of Monterey to deny Appellant's application to build an RV camp on the grounds of its Monterey property on the basis that the RV camp would not be an exempt religious use under the terms of the Dover Amendment, Mass. Gen. Laws ch. 40A, 3, holding that the proposed RV park would be an exempt religious use.Appellant, a nonprofit Christian organization that operated a camp in Monterey providing chapel sessions and religious instruction, applied to build an RV camp on the grounds of its property to house families who attend camp sessions. The Board denied the application, concluding that the RV camp was not a customary religious use and should not fall under the umbrella of the Dover Amendment. The Supreme Court remanded the case, holding (1) the primary or dominant purpose of the trailer park was a religiously significant goal; and (2) therefore, the proposed RV camp would be an exempt use under the Dover Amendment. View "Hume Lake Christian Camps, Inc. v. Planning Bd. of Monterey" on Justia Law

The First Circuit affirmed the judgment of the district court dismissing Matthew Haney's complaint, brought as the Trustee of the Gooseberry Island Trust, against the Town of Mashpee and its Zoning Board of Appeals, holding that Haney's arguments on appeal were either waived or meritless.Haney brought this action seeking a declaratory judgment that Defendants' actions constituted uncompensated taking of property in violation of the Fifth Amendment of the United States Constitution due to an unconstitutional taking and the Massachusetts Constitution due to inverse condemnation. The district court dismissed the complaint on the grounds that the claims were not ripe for review. The First Circuit affirmed, holding (1) Haney waived his argument relative to whether the government had reached a final decision on the Trust's request for variances; and (2) Haney's remaining arguments were meritless. View "Haney v. Town of Mashpee" on Justia Law