Justia Real Estate & Property Law Opinion Summaries

In this special assessment appeal, the Supreme Court affirmed the decision of the court of appeals affirming the circuit court's dismissal of the Village of Mukwonago as a defendant due to improper service of a notice of appeal, holding that Petitioner's failure to comply with Wis. Stat. 66.0703(12)(a) required dismissal of this action.Petitioner challenged the special assessment district created by the Village in 2019 alleging jurisdiction pursuant to section 66.0703(12). The Village filed a motion to dismiss, arguing that the circuit court lacked subject matter jurisdiction or competency to proceed because Greenwald did not serve a written notice of appeal on the Village clerk. The circuit court granted the motion, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) Wis. Stat. 801.14(2) did not apply in this case; and (2) the plain meaning of section 66.0703(12)(a) mandates service of written notice on the Village clerk, and because Greenwald did not accomplish this requirement, dismissal was warranted. View "Greenwald Family Ltd. Partnership v. Village of Mukwonago" on Justia Law

Mary Orwig appealed after a district court entered a corrected summary real estate disposition judgment, an order on plaintiff’s attorney’s fees, an order denying her motion for contempt, and an order granting Steven Orwig’s motion on redistribution of property. Steven Orwig cross-appealed the order on redistribution of property and an order denying his motion to reconsider. After careful consideration, the North Dakota Supreme Court affirmed the corrected summary real estate disposition judgment, order on plaintiff’s attorney’s fees, and order denying the motion for contempt. The Court also affirmed the order on redistribution of property and the order denying the motion to reconsider. View "Orwig v. Orwig" 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 Supreme Court affirmed the decision and orders entered by the district court in this property dispute, holding that substantial credible evidence supported the district court's finding that Cremer Rodeo Land and Livestock Company obtained a prescriptive easement over two roads across Linda McMullen's property.In 2016, Cremer Rodeo filed this lawsuit seeking a prescriptive easement over the Lien Road and the Medley Roads. After denying McMullen's motion for summary judgment the district court held a bench trial and concluded that Cremer Rodeo had a prescriptive easement over the Lien and Medley Roads. The Supreme Court affirmed, holding that the district court (1) did not err by denying McMullen's motion for summary judgment; (2) did not abuse its discretion by granting Cremer Rodeo leave to amend its complaint; (3) did not err when it concluded that Cremer Rodeo's amended complaint related back to its original complaint; and (4) properly found that Cremer Rodeo obtained a prescriptive easement over the Lien and Medley Roads. View "Cremer Rodeo Land v. McMullen" 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

Plaintiff-appellees Rory and Emmy Childers owned property in Creek County, Oklahoma. Defendants-appellants James and Jennifer Arrowood owned property west of the Childers property. Prior to 2008 the Childers Property was land-locked. The Childers' predecessors-in-interest obtained an express easement over the Arrowoods' predecessors-in-interest's property "for roadway purposes only." The easement was filed of record in the office of the Creek County Clerk. The Childers purchased their property in 2020 with hopes to build a home, but were informed by local utility providers that no utilities were connected to their property and no utilities would be connected absent an easement expressly granting authority to install utilities. The Childers filed a condemnation proceeding against the Arrowoods seeking a utility easement. After granting the Childers' Motion for Appointment of Commissioners and Determination of Just Compensation, the trial court held a hearing to determine whether the express easement obtained by the Childers' predecessor-in-interest included the right to a utility easement. The trial court found the existing easement did not include a utility easement but granted the requested utility easement reasoning that a utility easement was a reasonable necessity for the Childers to utilize their property. COCA affirmed the trial court's ruling and the Oklahoma Supreme Court granted certiorari to address a matter of first impression: what “private ways of necessity” included, as provided in 27 O.S. § 6. To this, the Supreme Court found "private ways of necessity" included access to utilities when necessary for the effective use and reasonable enjoyment of property. “Whether the requested easement places an undue burden on the condemned landowner, and if not, the amount of just compensation, remains for the trial court to determine.” View "Childers v. Arrowood" 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 decision of the court of appeals in this insurance dispute over damages allegedly caused by the poor construction of an in-ground pool, holding that this Court overrules the portions of Wisconsin Pharmacy Co. v. Nebraska Cultures of California, Inc., 876 N.W.2d 72 (Wis. 2016), stating that "property damages" must be to "other property" for purposes of determining an initial grant of coverage in a commercial general liability (CGL) policy.Due to the damages caused by the cracking of Homeowner's pool, Homeowner was forced to demolish the entire pool structure and construct a new one. Two insurers on appeal had issued CGL policies to the pool's general contractor, and a third insurer issued a CGL policy to the supplier of the pump mix used for the pool's construction. All three insurers sought a declaration that their policies did not provide coverage to Homeowner. The Supreme Court held, under the circumstances of this case, that none of the insurers were entitled to summary judgment and accordingly remanded the cause back to the circuit court for further proceedings. View "5 Walworth, LLC v. Engerman Contracting, Inc." on Justia Law

The Missouri River, in its natural state, experienced annual flooding that constantly morphed its path and the topography of its floodplain, rendering it unproductive for development. The 1944 Flood Control Act (FCA) authorized the construction of dams to create a reservoir storage system. The FCA required the Army Corps of Engineers to promote navigation and flood control and, secondarily, fish and wildlife conservation. Under the 1945 Bank Stabilization and Navigation Project, the Corps altered the River’s water flow (location, volume, and rate); the floodplain was no longer dynamic by 1980. The Corps' 1979 Master Manual prioritized flood control over recreation and wildlife By 2005, 95 percent of the floodplain was developed for agricultural, urban, and industrial uses. The programs had significant environmental side effects, eliminating fish and bird habitats and interrupting wildlife breeding cycles. In 1986, Congress authorized the Corps to purchase River-adjacent land to recreate lost habitats. The Fish and Wildlife Service (FWS) placed several species on the endangered species list. The Corps did not make changes recommended by FWS, concerned about exacerbating flooding. Lawsuits followed. The district court ordered the Corps to revise its Master Manual,.The 2004 Master Manual was intended to restore the River to a more natural state.About 372 plaintiffs who operate River-adjacent farms in six states sued, alleging the 2004 Changes caused frequent and severe flooding on their farms and amounted to permanent, physical takings under the Fifth Amendment. The Claims Court determined there was a taking and awarded compensation for the diminished value of the land but dened damages for lost crops. The Federal Circuit affirmed with respect to the takings claims but vacated the denial of crop damages and a finding that the Government did not causally contribute to 2011 flooding. View "Ideker Farms, Inc. v. United States" on Justia Law

The Supreme Court affirmed the judgment of the district court affirming the decision of the Iowa Utilities Board (IUB) to grant MidAmerican Energy Company's petition for a franchise to build electric transmission lines in Madison County, some of which would run through a road right-of-way encumbering Appellant's land, holding that MidAmerican satisfied the statutory requirements for a franchise.Specifically, the Supreme Court held (1) MidAmerican satisfied the statutory requirement that new electric transmission lines must be necessary for a public use; (2) Iowa Code 306.46(1) provides utilities like MidAmerican with statutory authority to construct, operate, repair, or maintain their utility facilities with a public road right-of-way, including that right-of-way at issue in this case; and (3) as to the question of whether the construction of electric transmission lines within Appellant's right-of-way could result in a constitutional taking requiring compensation, this Court is evenly divided. View "Juckette v. Iowa Utilities Bd." on Justia Law