Justia Real Estate & Property Law Opinion Summaries

Bethel brought this action asserting that the County's zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc et seq., the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. The court concluded that the County had presented no evidence that its interest in preserving the integrity of the rural density transfer zone could not be served by less restrictive means, like a minimum lot-size requirement or an individualized review process. Therefore, the court reversed the district court's grant of summary judgment to the County on Bethel's substantial burden claim. The court affirmed in all other respects and remanded for further proceedings. View "Bethel World Outreach Ministries v. Montgomery County Council" on Justia Law

The Trustee for debtor TRM appealed the dismissal of his adversary action against real estate development companies, alleging that TRM and the development companies engaged in a scheme to sell properties at inflated prices in recently developed subdivisions in North Carolina and South Carolina. The court held that the development companies were potentially independently liable to TRM's purchasers because it participated in TRM's sales and marketing efforts. But, because TRM was not entitled to statutory contribution, the Trustee's action failed as a matter of law. Accordingly, the court affirmed the district court's judgment. View "Total Realty Mgmt. LLC v. R. A. North Development, Inc." on Justia Law

Claimant filed a motion in the district court under Rule 60(b)(4) to set aside a forfeiture judgment as void because the government had filed its civil forfeiture complaint beyond the 90-day time limit imposed on it by 18 U.S.C. 983(a)(3). The court held that, while the time limit imposed on the government was mandatory, it was not jurisdictional, and because claimant did not raise this defense during the course of the forfeiture action, he forfeited it. Accordingly, the court affirmed the district court's order denying claimant's motion to vacate the forfeiture judgment. View "United States v. Wilson" on Justia Law

The Guild purchased twenty-three ancient Chinese and Cypriot coins from a dealer in London and subsequently challenged the seizure of the coins when it attempted to import them. On appeal, the Guild asked the court to engage in a review of the government's implementation of the Convention on Cultural Property Implementation Act's (CPIA), 19 U.S.C. 2601-2613, import restrictions on Chinese and Cypriot cultural property. The court concluded that the suit sought to have the judiciary assume a role that the statute did not intend for the court to assume. The court reviewed the Guild's various claims and found them to be without merit. Accordingly, the court affirmed the district court's interpretation of the CPIA and affirmed its grant of the government's motion to dismiss. View "Ancient Coin Collectors Guild v. U.S. Customs and Border Protection, et al." on Justia Law

Over thirty-five years ago, the Natural Resources Conservation Service (NRCS), working with local sponsors, devised a project to provide watershed protection, flood prevention, and recreation along the Lost River Subwatershed. In 1974, the NRCS issued an environmental impact statement relating to the project, and since that time, three dams and most of the land treatment measures have been completed. After preparing a supplemental environmental impact statement in 2009, the NRCS issued a record of decision that eliminated one of the remaining dams from the project and authorized construction of the final dam for the added purpose of providing water supply. Appellants, seven individuals who alleged that their land will be adversely affected by this final dam's construction, filed this action contending that the NRCS failed to comply with the National Environmental Policy Act (NEPA). They appealed the district court's order granting Appellees' motion for summary judgment. Because the Fourth Circuit determined that the NRCS complied with the procedures mandated by the NEPA and took a hard look at the project's environmental effects, the Court affirmed. View "Webster v. USDA" on Justia Law

Plaintiff Jane Huggins, trading as SADISCO of Maryland (SADISCO) sued Prince George’s County, Maryland and five County officials after the County shut down the salvage automobile wholesaling business operated by SADISCO on a parcel of land that SADISCO owned within the County. SADISCO’s complaint alleged one count under federal law and four counts under Maryland’s common law. The district court dismissed certain counts pursuant to Federal Rule of Civil Procedure 12(b)(6) and granted summary judgment in favor of the County and officials with respect to the remaining counts. Plaintiff appealed, and after review, the Fourth Circuit found that the district court correctly rejected Plaintiff's arguments.

In this purported class action on behalf of borrowers holding home mortgage loans serviced by Bayview, plaintiffs claimed that Bayview improperly added fees to borrowers' accounts in violation of the West Virginia Consumer Credit Protection Act, W. Va. Code 46A-1-101 through 46A-8-102. At issue was whether, under the statute of limitations, "the due date of the last scheduled payment of the agreement" was June 5, 2007, the loan acceleration date set by Bayview. The court concluded that the acceleration date was the operative date for purposes of applying the statute of limitations, because no further payments were scheduled after that date. Thus, the court affirmed the district court's judgment that the statute of limitations began to run from the acceleration date, and that, therefore, plaintiffs' claims were time barred.

This case involved two putative class actions, consolidated on interlocutory appeal, brought by purchasers of real estate brokerage services in South Carolina. Each complaint alleged that the real estate brokerages serving as board members of the local multiple listing service (MLS) conspired to unfairly restrain market competition in violation of section 1 of the Sherman Antitrust Act, 15 U.S.C. 1. The court held that plaintiffs sufficiently pled the plurality of actors necessary for section 1 to apply. At this early stage of the litigation, the court was not in a position to weigh the alleged anticompetitve risks of the MLS rules against their procompetitive justifications. This rule of reason inquiry was best conducted with the benefit of discovery and the court expressed no view on the merits of the litigation beyond recognizing the sufficiency of the complaints. Therefore, the court affirmed the judgment of the district court and remanded for further proceedings.

Plaintiffs appealed the district court's dismissal of their claim that Deutsche and others violated various consumer protection laws in connection with a mortgage plaintiffs secured on their home. Plaintiffs alleged that they were entitled to relief on account of violations of the Truth in Lending Act (TILA), 15 U.S.C. 1601-1667(f), and its implementing regulation, Regulation Z, 12 C.F.R. 1026; North Carolina usury law, N.C. Gen. State 24; the North Carolina Unfair and Deceptive Trade Practices Act (NCUDTPA), N.C. Gen. Stat. 75-1; and North Carolina's Prohibited Acts by Debt Collectors statute, N.C. Gen. Stat. 75-50. Plaintiffs also claimed a breach of contract and that Deutsche lacked the authority to enforce the loan. The court held that plaintiffs' TILA claim was not time-barred; plaintiffs adequately pled the elements of their usury claim and the claim was ripe for adjudication; similarly, plaintiffs' NCUDTPA claims should also be allowed to proceed; res judicata no longer barred plaintiffs from litigating whether Deutsche had authority to enforce the note; and plaintiff's contention that the district court erred in denying their motion to alter or amend pursuant to Rule 59(e) was moot.

Plaintiffs sued Juno under the Interstate Land Sales Full Disclosure Act (ILSFDA), 15 U.S.C. 1701, seeking rescission of their purchase agreement in a lot at Creighton Farms, claiming that Juno misrepresented its involvement with the Ritz-Carlton in regards to the Creighton Farms development. The court held, among other things, that plaintiffs established that they merit equitable rescission and that the district court properly determined that the equitable remedy was to return the property title to Juno and return the purchase price, plus interest, to plaintiffs. The court held, however, that the district court abused its discretion when it denied plaintiffs pre-judgment interest on the debt portion of their purchase funds. Therefore, the court reversed the district court and awarded plaintiffs prejudgment interest on the funds at issue at 7 percent. Accordingly, the court affirmed in part and reversed in part.