Justia Real Estate & Property Law Opinion Summaries

After SCE filed suit for interference with easement and declaratory relief, defendant cross-complained, seeking damages for nuisance, trespass, and ejectment. The trial court found that SCE was granted floating easements over the property to access its electrical facilities; although the floating easements burdened the property at the time of creation, they did not become fixed easements until SCE and the property owners agreed on the access routes; at that point, SCE became the owner of an easement of reasonable width over each agreed-upon access route; and thus SCE was entitled to free access to those routes.The Court of Appeal held that the trial court properly determined that SCE owns easements over the agreed-upon access routes. The court also held that SCE did not forfeit its statute of limitations defense to the cross-claims. Furthermore, because the trial court's findings established that the alleged nuisance was permanent, defendant's challenge to the summary adjudication ruling was moot. View "Southern California Edison Co. v. Severns" on Justia Law

Luke Purvis appealed the Environmental Division’s denial of his motion for relief under Vermont Rule of Civil Procedure 60(b)(1) and (2). In September 2014, the City of Burlington Code Enforcement Office notified Purvis that it had received a complaint regarding unpermitted expansion of the parking area on his property. It ordered Purvis to restore the area to green space. Purvis appealed to the Development Review Board, arguing that the expansion of the parking area was an unenforceable permit because the expansion first occurred over fifteen years prior. After reviewing various affidavits, drawings, photos, and other exhibits submitted by the City and Purvis, the Board found no violation because it concluded that parking in the area had stopped. Because it found that parking in the area had ceased for a period in excess of sixty days, it held that Purvis had lost the benefit of the fifteen-year limitation on enforcement actions under 24 V.S.A. 4454 and any potential claim to reestablish the right to expanded parking. Purvis appealed that determination to the Environmental Division in May 2015. In August 2016, the parties entered into a settlement agreement, which provided that the parties would dismiss the suit without prejudice. It also provided that the City and Purvis would meet again in another mediation no later than January 15, 2017, to attempt to resolve all disputes. That mediation never took place; no party moved to reopen or extend before August 1, 2017. In March 2018, Purvis moved for relief from the Stipulated Order pursuant to Vermont Rule of Civil Procedure 60(b)(6), arguing that he should be granted relief because he had been represented by conflicted counsel at the time he entered into the Settlement Agreement and submitted the Stipulated Order, and because he had relied on the City’s expressed willingness to mediate after the August 2017 deadline. The Environmental Division held that the motion for relief was unwarranted because Purvis did not file a motion to reopen or extend the time for such a motion before the August 1, 2017 deadline contemplated in the Stipulated Order. On appeal to the Supreme Court, Purvis argued his motion was not time-barred because the order from which he sought relief was not actually a final judgment. Finding no reversible error in the Environmental Division's judgment, the Vermont Supreme Court affirmed. View "In re Purvis Nonconforming Use" on Justia Law

Matheis, a retired police officer who has successfully managed a diagnosis of PTSD, routinely and safely donated plasma roughly 90 times in an 11-month period at CSL’s plasma donation facility. CSL barred him from making further donations when he brought his new service dog, Odin, to the facility, citing its policy to bar any individual who is prescribed daily more than two separate anxiety medications or who uses a service animal to manage anxiety. The company required Matheis to provide a letter from his doctor stating he had no need for a service animal before it would screen him for further plasma donation. He sued under the Americans with Disabilities Act, 42 U.S.C. 12181. The Third Circuit reversed the district court. Plasma donation centers are “service establishments,” subject to the ADA’s prohibition on unreasonable discrimination. CSL violated the ADA by imposing a blanket ban on prospective donors who use a psychiatric service animal. Public accommodations like CSL must permit disabled individuals to use service animals unless they can show a regulatory exception applies, “based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities.” View "Matheis, Jr. v. CSL Plasma Inc" on Justia Law

The Supreme Court reversed the decision of the trial court and set aside the award of the condemnation commissioners to the Helmick Family Farm, LLC for a taking of slightly more than two acres of land along with some easements, holding that the reasonable probability of rezoning of property taken through condemnation may be relevant to the property's fair market value and that Helmick presented sufficient concrete facts to warrant submission of the question of reasonable probability of rezoning to a jury.On appeal, Helmick argued that exclusion of certain evidence prevented the commissioners from considering probative evidence concerning the fair market value of the land at issue. The Supreme Court agreed, holding (1) ample authority supports the admissibility of evidence that the property taken has a reasonable probability of rezoning; (2) nothing in prior cases forecloses the admissibility of such evidence; (3) there are certain parameters concerning such evidence; and (4) Helmick presented sufficient concrete facts to warrant submission of the question of reasonable probability of rezoning to a jury. View "Helmick Family Farm v. Commissioner of Highways" on Justia Law

This appeal stemmed from a disputed water right relating to the St. Joe River in Benewah County, Idaho, between a landowner and the tenants who put the water to beneficial use. The license at issue described the water right as “appurtenant to the described place of use.” The landowner argued the water right was appurtenant to his land, while the tenants contended the right was developed and owned by their predecessors in interest and now belonged to them by virtue of their having purchased the interest. The district court ultimately adopted the Special Master’s report and issued a partial decree, which listed the tenants as the owner of the license. Finding no reversible error in that decision, the Idaho Supreme Court affirmed. View "McInturff v . Shippy" on Justia Law

Eagle Creek Irrigation Company (“Eagle Creek”) appealed a district court's grant of summary judgment in favor of A.C. & C.E. Investments, Inc. The dispute centered on 15 shares of Eagle Creek stock which authorized the holder to divert 30 cfs of water (or 15 miner’s inches) of Eagle Creek’s water right. AC&CE Investments purchased 15 acres (“the Property”) located within Eagle Creek’s boundaries. The prior property owners also owned 15 shares in Eagle Creek stock. The question presented on appeal was whether the 15 shares passed as an appurtenance to the Property. The district court ruled that AC&CE Investments acquired 15 shares in Eagle Creek when it acquired title to the Property because the shares passed as an appurtenance to the Property. Eagle Creek appealed. The Idaho Supreme Court determined the district court erred in granting summary judgment to AC&CE Investments because the district court did not look to Eagle Creek’s governing documents. The Supreme Court therefore vacated the portion of the district court’s final judgment which stated that the 15 shares of the Eagle Creek stock were appurtenant to the Property. View "Eagle Creek Irrigation v. A.C & C.E Investments" on Justia Law

In this challenge to the action of the Prince George's County Council sitting as the District Council approving a special exception and variance sought by Wal-Mart Real Estate Business Trust regarding an existing store located in the Woodyard Crossing Shopping Center in Clinton, Maryland, the Court of Appeals affirmed, holding that the District Council has extensive authority to regulate and establish zoning laws and procedure, which includes special exception and variance application. The ZHE issued a decision denied an application for a special exception and variance sought by Wal-Mart. Wal-Mart filed exceptions to the Zoning Hearing Examiner's (ZHE) decision and requested that the District Council hear the case. Petitioners responded in opposition to Wal-Mart's exceptions. The District Council proceeded to approve Wal-Mart's application for a special exception and variance. The circuit court and Court of Special Appeals affirmed the District Council's decision. The Court of Appeals affirmed, holding (1) the District Council is authorized to delegate the preparation of its opinion and order to its staff attorney; (2) the District Council rightfully exercises original jurisdiction when hearing zoning cases from the ZHE; and (3) Petitioners failed to present sufficient evidence that the District Council violated the Maryland Open Meetings Act. View "Grant v. County Council of Prince George's County" on Justia Law

Englewood amended its ordinances to address aggressive antiabortion protests that had been regularly occurring outside of a health clinic that provided reproductive health services, including abortions. Some of the “militant activists and aggressive protestors” support violent reprisal against abortion providers. The ordinance restricted the use of public ways and sidewalks adjacent to healthcare facilities during business hours to persons entering or leaving such facility; the facility's employees and agents; law enforcement, ambulance, firefighting, construction, utilities, public works and other municipal agents within the scope of their employment; and persons using the public way solely to reach another destination. The ordinance created overlapping buffer zones at qualifying facilities. Turco, a non-aggressive “sidewalk counselor,” filed suit under 42 U.S.C. 1983, alleging violations of her First Amendment rights to freedom of speech, assembly, and association. The district court concluded that the statute was overbroad and not narrowly tailored to serve the government’s interest. The Third Circuit reversed, finding that genuine issues of material fact preclude the entry of summary judgment to either side. The buffer zones’ exact impact on the sidewalk counselors’ speech and the concomitant efficacy of their attempts to communicate is unclear. Turco admitted that she continued to speak with patients entering the clinic. The city considered and attempted to implement alternatives before creating the buffer zone. View "Turco v. City of Englewood" on Justia Law

The Supreme Court affirmed the circuit court's judgment dismissing Bragg Hill Corporation's claims against the City of Fredericksburg, holding that the rezoning of property by a city ordinance upon annexation of the property by the city was not void ab initio and did not violate the procedural due process rights of Bragg Hill, the property owner.In the early 1970s the Spotsylvania Planning Commission approved a master plan submitted by Bragg Hill. Bragg Hill built several sections of a townhouse project on the property. The City of Fredericksburg later annexed Bragg Hill's property. The annexed property was zoned into the City's R-1 zoning classification, which did not permit the development of townhouses. Bragg Hill unsuccessfully requested a determination that it had a vested right to develop the property zoned R-1 according to the master plan. The property was later rezoned to an R-2 zoning classification. Bragg Hill then brought this action against the City. The circuit court dismissed the complaint. The Supreme Court affirmed, holding (1) the change in the zoning of the property upon annexation was authorized; (2) the issue of whether Bragg Hill had a vested right was previously decided; and (3) Bragg Hill was not deprived of any property interest as a result of the rezoning, and its procedural due process rights were not violated. View "Bragg Hill Corp. v. City of Fredericksburg" on Justia Law

American Islamic Community Center (AICC) unsuccessfully sought zoning permission to build a mosque in Sterling Heights, Michigan. AICC sued, alleging violations of the Religious Land Use and Institutionalized Persons Act and the First Amendment. The Department of Justice also investigated. The city negotiated a consent judgment that allowed AICC to build the mosque. At the City Council meeting at which the consent judgment was approved, people voiced concerns about issues such as traffic and noise; others disparaged Islam and AICC. Comments and deliberation were punctuated by audience outbursts. Eventually, Mayor Taylor cleared the chamber of all spectators, except the press. The Council voted to settle the case. A consent judgment was entered. Plaintiffs sought a judgment declaring the consent judgment invalid. The Sixth Circuit affirmed summary judgment for the defendants. The defendants fulfilled their procedural obligations; they considered and made findings on the relevant criteria, such as “parking, traffic and overall size,” before voting. The court upheld limitations on speech imposed during the meeting: the relevance rule and a rule forbidding attacks on people and institutions. The city did not “grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views.” View "Youkhanna v. City of Sterling Heights" on Justia Law