Justia Real Estate & Property Law Opinion Summaries

Allen Lenertz appealed the dismissal of his claim for inverse condemnation against the City of Minot and awarding the City costs and disbursements. Between 2013 and 2014 the City installed a paved street and upgraded the storm water system adjacent to Lenertz's commercial property in southwest Minot. Lenertz's property subsequently suffered three flooding events. In 2016 Lenertz sued the City for inverse condemnation, alleging the City's actions in constructing the street and storm sewer system caused past and future flooding of his property and resulted in a total taking of his property. The City denied a taking occurred and raised affirmative defenses. The North Dakota Supreme Court concluded the district court: (1) did not err in ruling Lenertz established only a partial taking of his property; (2) did not abuse its discretion in denying his proposed expert witness's testimony; and (3) did not err in granting the City judgment under N.D.R.Civ.P. 50. The court did abuse its discretion, however, in awarding the City costs and disbursements. View "Lenertz v. City of Minot N.D." on Justia Law

Morgan County, Georgia appealed a trial court’s order dismissing Christine May’s criminal citation for violating the County’s amended zoning ordinance by renting out her house near Lake Oconee for a week. The court concluded that the zoning ordinance in effect at the time May began renting her house for short periods was unconstitutionally vague as applied, meaning that her use of the house for such rentals was “grandfathered” and not subject to the amended ordinance’s explicit prohibition of short-term rentals for fewer than 30 days. May cross-appealed, but the Georgia Supreme Court did not address her claimed errors, because it affirmed the trial court’s dismissal of her citation. View "Morgan County v. May" on Justia Law

This case stemmed from FERC's approval of Mountain Valley's application to construct a natural gas pipeline through West Virginia and Virginia. Mountain Valley successfully negotiated easements allowing access onto the land of most of the affected landowners, but in order to obtain the rest of the easements it needed, it initiated condemnation proceedings. Three district courts granted partial summary judgment to Mountain Valley and issued preliminary injunctions granting immediate possession of the easements.The Fourth Circuit affirmed the district court's orders and held that East Tennessee Natural Gas Co. v. Sage, 361 F.3d 808 (4th Cir. 2004), squarely foreclosed the Landowners' argument that the district courts lacked the authority to grant immediate possession in a Natural Gas Act condemnation. The court also held that the district courts did not abuse their discretion in granting preliminary injunctive relief to Mountain Valley under the test in Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008). View "Mountain Valley Pipeline, LLC v. 6.56 Acres of Land" on Justia Law

This appeal arose out of an Ada County Board of Commissioners’ decision to direct issuance of a tax deed. The property owner, James Floyd, was incarcerated in the county jail throughout the proceedings, and alleged he never received official notice of the pending tax deed until a month before his hearing. Despite having his jail address on file, the County Treasurer delivered statutory notices to Floyd’s vacant home. However, she also sent Floyd letters at the jail apprising him of the tax deed proceedings and delinquent taxes owed. The Board of Commissioners determined that Floyd received sufficient due process, and directed the tax deed to issue. The district court affirmed, holding that Floyd had actual notice despite the Treasurer’s failure to comply with statutory notice requirements. The Idaho Supreme Court affirmed the district court’s determination because it found Floyd had actual notice of the pending tax deed. View "Floyd v. Bd of Ada County Commissioners" on Justia Law

Plaintiffs Maralex Resources, Inc. (Maralex), Alexis O’Hare and Mary C. O’Hare (the O’Hares) filed this action against the Secretary of the Department of the Interior (Secretary), the Department of the Interior, and the United States seeking review of a decision of the Interior Board of Land Appeals (IBLA) the upheld four Notices of Incidents of Noncompliance that were issued by the Bureau of Land Management’s (BLM’s) Tres Rios Field Office to Maralex for failing to allow a BLM representative to access certain oil and gas lease sites operated by Maralex on land owned by the O’Hares. The district court affirmed the IBLA’s decision. The Tenth Circuit determined the BLM, in issuing the Notices of Incidents of Noncompliance, lacked authority to require plaintiffs to provide BLM with a key to a lease site on privately-owned land or to allow the BLM to install its own locks on the gates to such lease site. Consequently, the Court reversed and remanded to the district court with instructions to enter judgment in favor of plaintiffs on this “key or lock” issue. View "Maralex Resources v. Barnhardt" on Justia Law

The Court of Appeals affirmed the decision of the circuit court affirming the decision of the Mayor and Common Council of Westminster (the Council), holding that substantial evidence in the record as a whole supported the Council’s denial of Petitioner’s application to amend the General Development Plan for Wakefield Valley (the Wakefield Valley GDP) to permit construction of fifty-three homes on “Parcel W” of a former golf course (the Application).After the Council voted to deny the Application, the Council adopted an ordinance denying the Application and incorporating an attached written decision. The circuit court affirmed the Council’s decision as set forth in the ordinance. The Court of Appeals affirmed, holding (1) the Council’s decision denying the Application was a quasi-judicial act, not a legislative act, as was therefore subject to judicial review; (2) the Council did not err in considering the zonal classification of Parcel W in evaluating the Application; and (3) there was substantial evidence in the record to support the Council’s decision. View "WV DIA Westminster, LLC v. Mayor & Common Council of Westminster" on Justia Law

Fla. Stat. 95.231, which operates to cure certain defective deeds after the passage of five years, applies to a parcel on which the United States has asserted a federal estate-tax lien. The Eleventh Circuit held that section 95.231(1) cured the deed by operation of law in December 2003, and the property was at that point validly transferred to the trust. Furthermore, the court held that United States v. Summerlin, 310 U.S. 414, 416 (1940), was inapplicable here because, by the time the United States asserted its tax lien, the property no longer remained in the estate. Accordingly, the court reversed the district court's grant of summary judgment on the United States' foreclosure claim and remanded for further proceedings. View "Saccullo v. United States" on Justia Law

Loren Prout filed an inverse condemnation action alleging Department of Transportation (Caltrans) violated the Fifth Amendment in 2010 by physically occupying without compensation a long, narrow strip of Prout’s land fronting California Highway 12, to make highway improvements. The land taken was a 1.31-acre strip, 20 feet wide and about 6,095 feet long. Caltrans cross-complained for breach of contract, promissory estoppel, and specific performance, alleging Prout agreed to dedicate the strip by deed for highway purposes 20 years earlier when he obtained an encroachment permit for a subdivision he was developing. Prout’s subdivision map stated the strip of land fronting Highway 12, shown by hash marks on the map, was “IN THE PROCESS OF BEING DEEDED TO CALTRANS FOR HIGHWAY PURPOSES.” No deed was ever signed or recorded. After a bench trial on the bifurcated issue of liability, the trial court found Caltrans validly accepted the offer of dedication by physically occupying the strip for its highway improvements, and the court awarded specific performance on Caltrans’s cross-complaint and ordered Prout to execute a deed. On appeal, Prout claims the evidence is insufficient to support the trial court’s finding that he agreed to dedicate the entire strip of land, as opposed to just a small area needed to connect the subdivision’s private road to the state highway. The Court of Appeal concluded Prout’s challenge was barred by his failure to file a timely petition for writ of mandamus, and his inverse condemnation claim failed because substantial evidence supported the trial court’s finding that Prout made an offer to dedicate the entire strip of land in 1990 and did not revoke the offer before Caltrans accepted it by physically using the strip to make highway improvements in 2010-2011. View "Prout v. Dept. of Transportation" on Justia Law

The Supreme Court affirmed the district court’s order affirming the findings and modifying a cease and desist order of the Lower Loup Natural Resources District (LLNRD) Board directing Appellant to suspend use of ground water wells, holding that LLNRD had authority to impose a suspension of ground water access for noncompliance with LLNRD’s annual reporting requirements.Specifically, the Court held (1) the district court did not err in determining that LLNRD had authority to impose a suspension of ground water access for noncompliance with reporting requirements; (2) Appellant’s due process rights were not violated in the proceedings before the Board; (3) Appellant was not denied the possibility of competent judicial review; (4) the suspension of Appellant’s ground water access was not a taking without just compensation; (5) the district court did not err in declining to supplement LLNRD’s record and receive exhibits 4 and 5; (6) Appellant was not entitled to attorney fees because he was not the prevailing party; and (7) the district court did not err in its modification of the duration of Appellant’s penalty. View "Prokop v. Lower Loup Natural Resources District" on Justia Law

Plaintiffs David and Katherine Dietz appealed a superior court order that upheld a zoning board of adjustment (ZBA) decision for defendant Town of Tuftonboro, which granted intervenor Sawyer Point Realty, LLC (collectively with Sawyer Point Realty Trust, its predecessor in interest, Sawyer Point), two equitable waivers related to two additions Sawyer Point constructed on its house in violation of the Town’s zoning ordinance requiring a fifty-foot setback from Lake Winnipesaukee. Sawyer Point’s house was located along the shore of Lake Winnipesaukee and within the Town’s Lakefront Residential Zoning District (District); the Dietzes owned the abutting property, also within the District. In 1999, Sawyer Point added a second floor addition over the eastern portion of the first floor of its house, aware that the existing structure was located within the setback, and that a second floor addition would also be within the setback. Prior to construction, Sawyer Point submitted a building permit application to the Town containing a rough sketch of the existing house, which also showed that the house was situated less than fifty feet from the lake. The Town’s building inspector granted the building permit, noting the addition would cause “no change in footprint.” In 2008-2009, Sawyer Point constructed a second addition to its house, again receiving permission from the Town to construct. In February 2014, Sawyer Point commissioned a survey which revealed, in regard to the 2008 Addition, more of the new structure was within the setback than had been represented to the ZBA. In December 2014, the Dietzes, after learning of this discrepancy, sought injunctive relief against Sawyer Point, claiming that Sawyer Point had built within the setback without obtaining the required approvals, and requesting that the court order the removal of the unlawful construction. The New Hampshire Supreme Court concluded the trial court did not err when it sustained the ZBA and declined to weigh the cumulative effect of building within the lakefront setback throughout the Town. Moreover, relying on the evidence before it, the trial court agreed with the ZBA that there was little or no public benefit to be gained by correcting the violations. Because the Dietzes have failed to show that this finding was unreasonable or unsupported by the evidence, the trial court's decision was upheld. View "Dietz v. Town of Tuftonboro" on Justia Law