Justia Real Estate & Property Law Opinion Summaries

In October 2014, while guiding a hunting party on their property, the Olsens' son observed a crop duster spraying herbicide, which allegedly damaged the Olsens' ponderosa pine trees. The Olsens claimed the herbicide caused significant damage and death to the trees. They filed a lawsuit against the Defendants, who argued that expert testimony was required to prove causation. The circuit court granted summary judgment in favor of the Defendants, leading to the Olsens' appeal.The Circuit Court of the Fifth Judicial Circuit in Spink County, South Dakota, reviewed the case. The court found that without expert testimony, a jury would be left to speculate about the cause of the damage to the trees. The court noted that the fields of chemistry, botany, and agronomy were beyond the understanding of a typical layperson. Consequently, the court granted summary judgment, dismissing the Olsens' complaint in its entirety.The Supreme Court of South Dakota reviewed the appeal. The court affirmed the circuit court's decision regarding the need for expert testimony to establish causation for the damage to the trees. However, it reversed the summary judgment on the claims of trespass, statutory nuisance, and common law nuisance, noting that these claims do not require proof of damages to survive summary judgment. The court remanded these claims for further proceedings, allowing the Olsens to potentially recover nominal damages. The court affirmed the summary judgment on the claims of promissory estoppel and civil conspiracy due to the lack of evidence on causation for damages. View "Estate of Olsen v. Agtegra Cooperative" on Justia Law

Lippa and Manmohan Grewal sold a gas station to Theodore Hansen, who later sold it to Junction Market Fairview, L.C. (JMF). The sale contract required Hansen to make regular installment payments, with the final balance due after three years. Hansen missed many payments and failed to pay the full balance when due. The Grewals initiated foreclosure proceedings over six years after Hansen's first missed payment. The applicable statute of limitations for a breach of contract action is six years, raising the question of when the statute begins to run for installment contracts.The Sixth District Court in Sanpete County granted partial summary judgment in favor of JMF, concluding that the statute of limitations began when Hansen missed the first payment, making the Grewals' foreclosure action too late. The court awarded sole control of the gas station to JMF and ordered the Grewals to release the title. When the Grewals failed to comply, JMF seized the station and sold it to a third party. The district court also awarded JMF attorney fees under the Public Waters Access Act and the reciprocal attorney fees statute.The Utah Supreme Court reviewed the case and found that the sale of the gas station to a third-party bona fide purchaser rendered the Grewals' appeal on the title issue moot, as no court action could affect the litigants' rights to the property. However, the issue of attorney fees was not moot. The court held that the district court did not abuse its discretion in awarding attorney fees to JMF under the reciprocal attorney fees statute. The court affirmed the award of attorney fees and remanded to the district court to determine the amount of reasonable attorney fees JMF incurred in defending against the appeal. View "Grewal v. Junction Market Fairview" on Justia Law

The case involves Pure Oasis LLC, which applied for a conditional use permit to operate a recreational cannabis dispensary in Boston. The building commissioner denied the permit, and Pure Oasis appealed to the Board of Appeal of Boston. After multiple hearings, the board approved the permit. William Shoucair, an abutter to the property, opposed the permit, arguing it would negatively impact the neighborhood and filed a complaint in the Superior Court in Suffolk County, appealing the board's decision.The Superior Court judge ordered each plaintiff to post a $3,500 bond, despite not finding the appeal to be in bad faith. The judge applied the standard from Damaskos v. Board of Appeal of Boston, which allows for a bond to discourage frivolous appeals while not obstructing meritorious ones. The plaintiffs sought interlocutory review, and a single justice of the Appeals Court stayed the bond order and allowed an interlocutory appeal. The Supreme Judicial Court of Massachusetts granted direct appellate review.The Supreme Judicial Court of Massachusetts held that under Section 11 of the Boston zoning enabling act, a preliminary finding of bad faith or malice is not required before imposing a bond for damages. The court reaffirmed the standard from Damaskos, which balances discouraging frivolous appeals with not obstructing meritorious ones. The court found no abuse of discretion by the lower court judge in setting the bond amount and affirmed the order. View "Shoucair v. Board of Appeal of Boston" on Justia Law

The plaintiffs alleged that the defendants committed fraud related to property rights. The defendants, through their business, REO Holdings, LLC, bought properties at tax sales and used redemption rights to obtain titles, some of which were later found to be fraudulent. The case involved four specific properties where the defendants allegedly used misrepresentation and forged documents to redeem and sell the properties at a profit.The Chancery Court for Davidson County initially dismissed the plaintiffs' claims for unjust enrichment and misappropriation of redemption rights, finding that unjust enrichment required a voluntary conferral of a benefit and that Tennessee law did not recognize conversion of intangible property rights. The court also denied class certification. After a jury trial, the plaintiffs moved for a new trial, arguing that the evidence preponderated against the jury’s verdict. The trial court denied the motion, and the Court of Appeals reversed, finding that the trial court misconceived its role as thirteenth juror.The Supreme Court of Tennessee reviewed the case and held that remand for the trial court to fulfill its role as thirteenth juror is an appropriate remedy when a civil trial court misconceives that role or applies an incorrect standard. The court also held that a claim for unjust enrichment does not require a voluntary conferral of a benefit, overruling previous case law to the extent it held otherwise. Finally, the court affirmed that Tennessee law does not recognize a claim for misappropriation or conversion of a right of redemption. The decision of the Court of Appeals was affirmed in part and reversed in part, and the case was remanded for further proceedings consistent with the opinion. View "Family Trust Services LLC v. Green Wise Homes LLC" on Justia Law

The case involves a property owned by Indiana Land Trust #3082, located in Hammond, Indiana, which houses a lucrative fireworks and tobacco business operated by Omar and Haitham Abuzir. The City of Hammond seeks to use its eminent domain power to take this property to build a road connecting Indianapolis Boulevard and the Water Gardens neighborhood. The Abuzirs allege that the City’s actions are part of a conspiracy involving political motives and favoritism towards competitors who support the mayor.The Hammond Redevelopment Commission initially offered to purchase the property in 2018, but the Abuzirs declined. Consequently, the Commission initiated a condemnation action in Indiana state court under the state’s eminent domain statute. The Abuzirs objected, arguing that the taking was for a private purpose and motivated by ill will. Unable to assert counterclaims in state court, they filed a federal lawsuit alleging constitutional and federal law violations, including claims under the Fourteenth Amendment and 42 U.S.C. § 1983.The United States District Court for the Northern District of Indiana dismissed the Abuzirs' third amended complaint with prejudice, finding that the City had a legitimate government interest in building a road and that the Abuzirs failed to state a claim for equal protection, substantive due process, or civil conspiracy. The court noted that the Abuzirs' complaint itself provided a rational basis for the City’s actions.The United States Court of Appeals for the Seventh Circuit affirmed the district court’s dismissal. The appellate court held that the Abuzirs failed to state a class-of-one equal protection claim because the City’s actions had a rational basis. The court also found that the proposed substantive due process claim was futile as the Abuzirs did not allege a deprivation of a protected interest. Lastly, the court upheld the denial of leave to add a § 1983 conspiracy claim, as the Abuzirs failed to establish any underlying constitutional violation. View "Indiana Land Trust #3082 v. Hammond Redevelopment Commission" on Justia Law

The case involves Moosehead Mountain Resort, Inc. (the Resort) and the State of Maine. In 1986, the State sold a ski area, along with easements and a portion of the abutting parcel, to the Big Squaw Mountain Corporation (BSMC). The deed included restrictive covenants prohibiting timber harvesting and requiring the continued public use of the ski area. In 1995, the Resort acquired the property, including the restrictive covenants. The Resort later closed half of the ski area and harvested timber from the area, actions which the State argued violated the covenants.The Superior Court of Kennebec County granted summary judgment to the State, finding that the Resort had breached both covenants. The court ordered the Resort to pay damages for the timber harvested and to place funds into an escrow account for the repair and reopening of the ski area.The Resort appealed, arguing that the State could not enforce the covenants as it did not own a parcel that benefited from them, that the court erred in its interpretation of the public use covenant, and that the court erred in granting summary judgment because the public use covenant was unreasonable, the State failed to notify the Resort of its alleged breach, and the State was barred from enforcing the covenant by the doctrine of laches.The Maine Supreme Judicial Court affirmed the lower court's decision. The court held that the State could enforce the covenants without owning a benefiting parcel, that the public use covenant required the Resort to make reasonable efforts to keep the whole ski area open for public use, and that the doctrine of laches did not apply as the Resort had not shown that the State's delay in enforcement was unreasonable or resulted in prejudice to the Resort. View "State v. Moosehead Mountain Resort, Inc." on Justia Law

This case revolves around a dispute over an insurance claim following a house fire. The plaintiff, William Werner, owned a home in Springfield, Illinois, which was in foreclosure when it burned down in 2017. Werner's home insurance policy was with Auto-Owners Insurance Company. After the fire, Werner filed a claim seeking to recover his policy limit on the home itself and two smaller coverages, totaling just over $190,000. Auto-Owners denied Werner’s claim for the full replacement value of the home, arguing that Werner had lost any insurable interest in the full value of the property after the judicial sale occurred and all of Werner’s rights of redemption had expired.The case was first heard in the United States District Court for the Central District of Illinois. The district court ruled in favor of Auto-Owners, holding that at the time of the fire, Werner’s only remaining insurable interest in the property was based on his narrow right under Illinois law to occupy the home until 30 days after the judicial sale was confirmed. The court awarded Werner the rental value of that temporary right, which amounted to just under $4,000.Werner appealed the decision to the United States Court of Appeals for the Seventh Circuit. The appellate court affirmed the district court's ruling. The court agreed with the lower court's interpretation of Illinois insurance law, stating that Werner's insurable interest at the time of the fire was limited to the value of his temporary right of possession. The court noted that Werner still held legal title to the property when the fire occurred, but he had no legal right to redeem it from foreclosure or otherwise retain it. The court concluded that Werner's insurable interest did not extend to the full value of the property. View "Werner v. Auto-Owners Insurance Company" on Justia Law

The case involves a dispute between Mary Roth and Gary Meyer, who were in a relationship and cohabitated from 2002 to 2022. They shared a bank account and ran an intermingled cattle herd. The dispute arose over the ownership of a property and cattle, and the enforcement of oral loan agreements. The property in question was initially owned by Anthony and Jean Ehrmantrout, who transferred it to each other in 1994. After their deaths in 2001, the property was distributed to their grandchildren, Chet, Carlos, and Marty Meyer, as co-trustees of the Jean Ehrmantrout Residuary Trust. In 2004, Marty Meyer transferred his interest in the property to Gary Meyer. In 2010, Gary Meyer transferred his interest in the property to Mary Roth.The District Court found that Gary Meyer had gained ownership of the property through adverse possession and had valid title when he transferred it to Mary Roth in 2010. The court also found that Gary Meyer had converted 13 of Mary Roth's cattle and breached oral loan agreements with her, awarding her damages. Both parties appealed the decision.The North Dakota Supreme Court reversed the District Court's decision. The Supreme Court found that the District Court had erred in finding that Gary Meyer had gained ownership of the property through adverse possession. The Supreme Court also found that the District Court had erred in admitting certain evidence, in failing to determine when the alleged conversion of cattle began, in valuing the converted cattle, and in finding that Gary Meyer owed on loan contracts that were unenforceable under the statute of frauds. The case was remanded to the District Court for further proceedings. View "Roth v. Meyer" on Justia Law

The case involves a defamation claim brought by Bill Charles, a real estate professional and president of the homeowners' association of the Durham Farms community in Hendersonville, Tennessee, against Donna McQueen, a resident of the same community. McQueen had posted a critical review of Charles on Google, accusing him of using misleading tactics to deceive home buyers. Charles filed a defamation and false light claim against McQueen, who sought dismissal of the claims under the Tennessee Public Participation Act, arguing that Charles could not establish a prima facie case for his claims because he could not prove actual malice.The trial court agreed with McQueen and dismissed the claims. The Court of Appeals reversed in part, agreeing that Charles had to prove actual malice for his false light claim but holding that Charles was not a public figure and therefore did not need to prove actual malice for his defamation claim.The Supreme Court of Tennessee disagreed with the Court of Appeals, holding that Charles is a limited-purpose public figure given his voluntary and prominent role in a controversy concerning changes to the Durham Farms development plan. The court further held that Charles failed to establish a prima facie case of actual malice. The court also rejected Charles’s argument that McQueen waived her request for appellate attorney’s fees by failing to list it as an issue in her Court of Appeals brief. The court reversed the Court of Appeals in part and affirmed in part, remanding the case for further proceedings. View "Charles v. McQueen" on Justia Law

The case revolves around a dispute between H. Cliff Page and the Portsmouth Redevelopment and Housing Authority (PRHA). Page owned a building in Portsmouth that shared a common wall with a building owned by PRHA. In 2014, PRHA demolished its building after the City of Portsmouth declared it an unlawful nuisance. Page claimed that the demolition was negligently performed and damaged his building. PRHA responded with a plea in bar, raising the defense of sovereign immunity.The circuit court held a hearing on the plea in bar and ruled in favor of PRHA, holding that sovereign immunity barred Page’s claim. The court found that the demolition of the property was implemented under the City of Portsmouth’s plan to address blight in the Downtown Portsmouth Historic District. The Court of Appeals affirmed the circuit court’s ruling, stating that PRHA’s immunity should be the same as that of the City of Portsmouth.However, the Supreme Court of Virginia disagreed with the lower courts' decisions. The court held that sovereign immunity does not shield PRHA from tort liability under the circumstances of this case. The court found that PRHA was acting in its proprietary capacity, similar to a private landowner, when it demolished the building. The court concluded that PRHA's obedience to the City’s Notice of Emergency Demolition was not an exercise of governmental discretion but a ministerial legal duty to perform a proprietary function. Therefore, the court reversed the decision of the Court of Appeals and remanded the case to the circuit court for further proceedings. View "Page v. Portsmouth Redevelopment & Housing Authority" on Justia Law