Justia Real Estate & Property Law Opinion Summaries

At issue in this matter was an action to quiet title following the tax sale of a parcel of immovable property. Although the district court rendered judgment in favor of plaintiff NAR Solutions, Inc., the appellate court held that plaintiff failed to establish a prima facie case that proper notice of sale was provided to some of the defendant/property owner’ Brian Kuhn's ancestors-in-title, and the district court’s default judgment against the defendant was vacated. The Louisiana Supreme Court found Kuhn took no action within the prescribed time period to annul the tax sale, that failure was determinative under the particular facts and circumstances of this case, and the judgment of default rendered by the district court in favor of NARS and against Bryan Kuhn was proper. Accordingly, the Supreme Court reversed the appellate court ruling and reinstated the district court's judgment. View "NAR Solutions, Inc. v. Kuhn" on Justia Law

The Supreme Court held that a column heading in a schedule contained in a township zoning resolution was substantive and must be read as part of a resolution especially when the heading contains a term that is defined in the resolution and when ignoring the heading would change the resolution's meaning completely.The Board of Zoning Appeals (BZA) affirmed the zoning inspector's decision denying Willow Grove's application for a zoning certificate. The court of common pleas reversed in part and affirmed in part and ordered the BZA to issue a zoning certificate. The court of appeals reversed, holding that a zoning certificate could not be issued because the proposed development was deficient in its plan for off-street parking. At issue on appeal was whether the minimum parking-space requirements set forth in Schedule 310.04 of the Olmsted Township Zoning Resolution (OTZR) applied to the swimming pool and community center in Willow Grove's proposed development plan. The Supreme Court reversed, holding (1) the column headings in Schedule 310.04 are substantive and cannot be ignored or used as a mere guidepost when applying the off-street parking requirements of the OTZR; and (2) therefore, Willow Grove was entitled to approval of its application for a zoning certificate. View "Willow Grove, Ltd. v. Olmstead Township Bd. of Zoning Appeals" on Justia Law

In 2019, an Idaho district court granted Respondents Matthew and Bonnie Latvalas’ claim for a prescriptive easement over a road known as “South Camp Bay Road” to reach their property located on the shores of Lake Pend Oreille. Because the prescriptive easement was created by the operations of an active mine, the district court determined that the scope of the easement included the ability to transport labor and materials to build a home on the Latvalas’ property. In Latvala v. Green Enterprises, Inc., 485 P.3d 1129 (2021) (Latvala I), the Idaho Supreme Court affirmed the district court’s determination that the Latvalas had a prescriptive easement over South Camp Bay Road. However, the Court vacated the district court’s judgment after concluding it had impermissibly expanded the scope of that easement. On remand, the parties disputed whether the Supreme Court’s decision prohibited the Latvalas’ proposed residential use of South Camp Bay Road, or only the construction of a residence on the Latvalas’ property. The district court entered a second amended judgment that prohibited the Latvalas from using South Camp Bay Road to construct a residence on their property, but did not restrict the Latvalas from using the road for residential purposes. Appellants Green Enterprises, Inc., James and and Julie Frank, and Larimore and Kathryn Cummins (neighboring landowners) timely appealed. Finding no reversible error in the latter district court judgment, the Supreme Court affirmed: “Because possibly driving across South Camp Bay Road will do nothing to increase the burden on the servient landowners, we affirm the district court’s second and third amended judgments because they are consistent with our holding in Latvala I. The Latvalas may not use South Camp Bay Road to build a residence; they may drive along Camp Bay Road to access a residence. Whether and to what extent that burden may or could change in the future is a question for another day. On the record before us we will not hypothesize on what the outcome would be under those theoretical scenarios.” View "Latvala v. Green Enterprises, Inc." on Justia Law

Scott Kubik appealed a judgment quieting title in favor of Dominic Hauck on a property line dispute and denying his claim of acquiescence. Kubik and Hauck were adjacent landowners. A wire fence ran east and west near the property line. After a survey of his land, Hauck discovered the fence was several feet inside of his property. Hauck removed the original fence and built a new fence consistent with the property line identified by the survey. In 2020, Kubik sued Hauck to quiet title in the strip of land located on the south side of the original fence line (i.e., the land between the original fence line and the new fence line) under adverse possession and acquiescence, and for trespassing and damaging his property. Hauck counterclaimed to quiet title in the disputed property. After a bench trial, the district court quieted title in favor of Hauck based on the survey showing that he is the rightful owner and rejected Kubik’s claims of adverse possession, acquiescence, trespass, and damages. The North Dakota Supreme Court affirmed, concluding the district court did not clearly err in finding that Kubik failed to show by clear and convincing evidence that Hauck or his predecessors in interest recognized the original fence line as the property line. View "Kubik v. Hauck" on Justia Law

Jeff Trosen appealed a judgment and amended judgment awarding damages for a breach of contract claim to the Estate of Shirley Trosen and the Trosen Family Trust and dismissing Jeff’s counterclaim and third-party complaint. A dispute arose over Jeff’s lease of farmland from Shirley. The lease covered the farming seasons of 2017 through 2022. Partial payments were made in 2020 and 2021, leaving balances owed for those years. Shirley and the Trust sued Jeff for breach of contract and to cancel the lease. Jeff argued the district court erred in granting summary judgment on the breach of contract claim and by dismissing his counterclaim and third-party complaint. Finding no reversible error, the North Dakota Supreme Court affirmed the judgments. View "Trosen, et al. v. Trosen, et al." on Justia Law

The Supreme Court reversed the judgment of the court of appeals reversing Defendant's conviction for tampering with records in violation of Ohio Rev. Code 2913.42(A)(1), holding that the rule of absolute privilege, also known as the litigation privilege, which was applied by the appellate court, did not successful prosecution of the tampering with records charge.The State prosecuted Defendant for criminal offenses related to her filing a bogus quiet-title action against a homeowner to take possession of his home. Defendant was ultimately convicted of violating section 2913.42(A)(1), which prohibits a person from falsifying any writing or record "knowing the person has no privilege to do so." The court of appeals reversed, concluding that Defendant's false statements forming the basis of her charge were privileged because she made them in a judicial proceeding. The Supreme Court reversed, holding that the litigation privilege does not shield a person from criminal liability related to defamatory statements that were made during judicial proceedings and that were reasonably related to the proceedings in which they were made. View "State v. Brown" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the trial court to grant Ohio History Connection's appropriation action seeking to appropriate the Moundbuilders Country Club Company's leasehold interest in the Octagon Earthworks in Newark, holding that there was no error in the proceedings below.The History Connection, a state-funded entity, sought to acquire the country club's lease interest in the Octagon Earthworks in Newark by eminent domain so that it could establish a public park on the property and nominate it for the World Heritage list. The court of common pleas concluded that History Connection met the two statutory requirements of establishing that appropriation was necessary for a public use and that the offer was not made in bad faith and thus granted the petition to appropriate. The court of appeals affirmed. The Supreme Court affirmed and remanded the case for a jury trial, holding (1) the courts below painted an incomplete picture of the good-faith standard under Ohio Rev. Code 163.04(B), but the analyses of the courts below were ultimately consistent with Kalain v. Smith, 495 N.E.2d 572 (Ohio 1986); and (2) the country club's argument that the appropriation was not necessary was contrary to well-settled law. View "State ex rel. Ohio History Connection v. Moundbuilders Country Club Co." on Justia Law

The school's athletic stadium seats 2,008 persons and is surrounded by single-family homes. The school sought approval to add four permanent 90-foot tall outdoor light standards to enable its nighttime use. The planning department determined that the project was categorically exempt from review under the California Environmental Quality Act (CEQA) (Pub. Resources Code 21000). The planning commission approved a permit, limiting the hours during which the lights could be used, and prohibiting use by groups unaffiliated with the school. The permit required the distribution of a large-event management plan and a code of conduct for students and others attending events. The board of supervisors affirmed, further restricting the hours that the lights could be used, requiring the school to report the dates and times the lights are turned on, dimmed, and turned off, requiring that for certain events, the school provide off-site parking, and requiring that trees be installed for screening.The court of appeal reversed. The project is not exempt from CEQA under the class 1 exemption for “existing facilities.” The project will significantly expand the nighttime use of the stadium. Nor does the class 3 exemption, entitled “New Construction or Conversion of Small Structures,” apply. View "Saint Ignatius Neighborhood Association v. City & County of San.Francisco" on Justia Law

Detroit prohibits street vendors from selling their goods within 300 feet of sports arenas or stadiums. After the completion of Little Caesar’s Arena in 2017, the new home of the Red Wings and Pistons, Detroit refused to renew three vendor licenses for locations that fell within the 300-foot exclusion zone. The licenses had been in place since 2008. The displaced vendors sued, claiming due process violations.The Sixth Circuit affirmed summary judgment in favor of Detroit. The ordinance does not create a property interest in a vendor’s license; it never says that applicants will receive licenses for the places they choose but requires that they apply “for an approved location,” and warns that the city may “terminate[] or eliminate[]” a vendor location. Detroit retains the discretion to deny or suspend licenses to prevent a violation of the rules or to protect public safety. Even a protected property interest would not suffice to defeat Detroit’s decision. Detroit had rational reasons for denying these vendor applications: its interest in preventing congestion on its sidewalks, ensuring sidewalk safety, eliminating blight and litter, and protecting arena operators from competition. A 300-foot buffer zone around arenas is a rational way to advance Detroit’s interest in preventing congestion. View "Williams v. City of Detroit" on Justia Law

Milton Turner died on July 25, 2018. On September 20, 2018, Mildred Williamson petitioned for letters of administration of Turner's estate in the probate court. In her petition, Williamson asserted that Turner had died intestate and that Williamson was Turner's only surviving heir. In 2019, Williamson, individually and in her capacity as the personal representative of Turner's estate, entered into a contract agreeing to sell to Matthew Drinkard and Jefferson Dolbare ("the purchasers") real property belonging to the estate for $880,650. The real-estate sales contract specified that the closing of the sale was to occur on or before May 31, 2019. On February 7, 2019, Williamson, individually and in her capacity as personal representative of Turner's estate, executed a deed conveying other real property that was part of Turner's estate to Marcus Hester. On February 13, 2019, Callway Sargent, alleging to be an heir of Turner's, filed a claim of heirship in Turner's estate. Sargent also moved for injunctive relief in which he acknowledged the February 7, 2019, deed, but asserted that Williamson had agreed to sell and had conveyed real property belonging to Turner's estate without the approval of the probate court, and requested that the probate court enjoin "Williamson from engaging in any further administration of [Turner's] estate until so ordered by [the probate court]." Williamson petitioned to have the case removed fro probate to the circuit court. From February 28, 2019, to March 18, 2019, a number of individuals came forward, all claiming to be Turner's heirs. Williamson moved to have the circuit court approve the pending property sales. Williamson and the purchasers did not close on the sale of the property that was the subject of their real-estate sales contract by May 31, 2019, as required by the contract. Some of the purported heirs petitioned the circuit court to stay or vacate the order approving the purchasers contact until matters regarding the heirs was resolved. Drinkard and Dolbare filed a motion to intervene in the proceedings regarding the administration of Turner's estate, but the circuit court denied the motion. The Alabama Supreme Court affirmed the circuit court's denial of the purchasers' motion to intervene in the administration of Turner's estate. View "Drinkard, et al. v. Perry, et al." on Justia Law