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At issue in this case was whether Appellees Burton and Joanne Adams demonstrated that opening a private road over the property of Appellant James Corl was necessary under the Private Road Act. The Pennsylvania Supreme Court concluded the Adamses did not demonstrate necessity as a matter of law based on their contemplated future use of their property, when, as in accordance with the Act, necessity had to be based on the existing use of the property. Accordingly, the Court reversed the Commonwealth Court’s order affirming the trial court’s confirmation of the Board of View’s (Board) report recommending the grant of a private road in favor of the Adamses. View "In Re: Petition of Adams" on Justia Law

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The Eighth Circuit affirmed the district court's grant of CapDev's motion to cancel the lis pendens. The court held that the district court acted within its discretion in canceling the lis pendens as invalid under Missouri law, because the imprecise description of the property at issue did not connect it to any particular request for equitable relief. View "Enterprise Financial Group Inc. v. Podhorn" on Justia Law

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The Court of Appeals affirmed the judgment of the court of special appeals affirming the judgment of the circuit court determining that state law preempted a local zoning authority with respect to solar energy generating systems (SEGS) that require a certificate of public convenience and necessity (CPCN) issued by the Maryland Public Service Commission and that the Commission had exclusive jurisdiction to approve the type of SEGS proposed by Perennial Solar, LLC in this case. Perennial applied to the Washington County Board of Zoning Appeals (Board) for a special exception and variance to construct a SEGS. The Board granted the variance and special exception. Aggrieved landowners sought judicial review, and Washington County intervened. While the petition for judicial review was pending, Perennial moved for pre-appeal determination challenging the subject matter jurisdiction of the circuit court. The circuit court granted the motion, determining that Md. Code Ann. Pub. Util. (PU) 7-207 preempted the Washington County zoning ordinance. The court of special appeals affirmed. The Court of Appeals affirmed, holding that PU 7-207 preempts by implication local zoning authority approval for the siting and location of generating stations that require a CPCN. View "Washington County v. Perennial Solar, LLC" on Justia Law

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Appellants, pro se, asserted interests in a convicted criminal defendant's property that was subject to criminal forfeiture and criminal restitution. The district court denied their motions for ancillary hearings and return of property. The Fifth Circuit applied the standard of review under Federal Rule of Civil Procedure 12 to the pleading-stage dismissal of a petition for an ancillary proceeding; held that appellants' appeals were timely because the deadline for a civil notice of appeal applied; held that Appellant Huma's petition for ancillary hearing did not state a claim under 21 U.S.C. 853(n), where she has not demonstrated the existence of the necessary written security agreement to establish her as a secured creditor with a lien on the cash or devices, and she cannot demonstrate that she is a bona fide purchaser for value of that property; and held that Appellant Salahuddin presented no persuasive allegation that he has a priority claim to the cash senior to the restitution lien of the United States, but has adequately alleged a secured interest in the devices at issue. Therefore, the court vacated in part, remanded in part, and otherwise affirmed the judgment. View "United States v. Butt" on Justia Law

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In this dispute between parties that both had water rights in the Beaver River the Supreme Court affirmed the portion of the judgment of the district court against Rocky Ford Irrigation Company on its claims against Kents Lake Reservoir Company seeking clarification regarding priority of rights and Kents Lake's obligations as to river administration but reversed the district court's decision not to clarify Kents Lake's measurement obligations, holding that Rocky Ford was entitled to clarification in this regard. As changed occurred both in water rights and in irrigation techniques and the administration of the Beaver River grew more complex, Rocky Ford brought this action against Kents Lake. The district court declined all of Rocky Ford's claims and awarded attorney fees to Kents Lake and Beaver City sua sponte. The Supreme Court held (1) the trial court properly denied Rocky Ford's motion for summary judgment; (2) the trial court did not err when it refused to enter a declaratory judgment that Kents Lake cannot store the water it saves through increased efficiency; (3) the district court erred in refusing to enter a declaratory judgment regarding Kents Lake's measurement obligations; and (4) Kents Lake and Beaver City were not entitled to attorney fees. View "Rocky Ford Irrigation Co. v. Kents Lake Reservoir Co." on Justia Law

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In case no. 1170709, Jere Austill III appealed a circuit court judgment permitting Tyler Montana Jul Prescott to redeem certain real property under sections 40-10-82 and 40-10-83, Ala. Code 1975. Specifically, Austill argued that, through adverse possession, he had "cut off" Prescott's right to redeem the property. Because the Alabama Supreme Court concluded that, by virtue of an adverse judgment in an earlier quiet-title action, Austill was precluded by the doctrine of res judicata from claiming an interest in the property through the extinguishment of Prescott's right of redemption. Therefore, the Supreme Court affirmed that portion of the trial court's judgment that challenged in Austill's appeal. In case no. 1170730, Prescott cross-appealed the trial court's denial of his motion for an award of attorney fees under the Alabama Litigation Accountability Act ("the ALAA"). In support thereof, Prescott argued Austill asserted his argument that he cut off Prescott's right of judicial redemption without substantial justification. The Supreme Court concluded the trial court did not exceed its discretion in denying Prescott's motion, and affirmed that portion of the trial court's judgment. View "Austill III v. Prescott" on Justia Law

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The Supreme Court affirmed the decision of the district court entering judgment according to a jury verdict determining that defendant-intervenor Lehr, Inc. was entitled to possession of two disputed motor vehicles and was entitled to damages in the amount of $95,000 as a result of Foundation One Bank's sale of one of the vehicles, holding that there was no plain error in the proceedings below. Foundation One sought replevin of two motor vehicles pledged by Jason Svoboda as collateral to secure payment of a loan. Lehr intervened, seeking possession of the vehicles. The jury entered a verdict in favor of Lehr and awarded Lehr $95,000. The Supreme Court affirmed, holding (1) Foundation One was not prejudiced by the instructions given to the jury; and (2) the district court did not err when it denied Foundation One's motions for judgment on the pleadings and for a directed verdict. View "Foundation One Bank v. Svoboda" on Justia Law

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In this foreclosure action, the Supreme Court held that Defendants John Sanzo and Maria Sanzo were not entitled to the homestead exemption, which is available when a creditor forecloses on a judgment lien but not on a consensual lien. See Conn. Gen. Stat. 52-352(b). Plaintiff, Rockstone Capital, LLC held judgment liens against Defendants. The parties agreed to a consensual lien in the form of a mortgage to secure the debt. Defendants defaulted on the mortgage payments, and Plaintiff sought to foreclose on the mortgage. Defendants invoked the homestead exemption. The trial court decided that the exemption should apply and rendered judgment for Plaintiff on the judgment liens, subject to the homestead exemption. The Appellate Court reversed, holding that the homestead exemption did not apply to a consensual lien such as a mortgage. The Supreme Court affirmed, holding that the Appellate Court properly found that the appeal was taken from a final judgment and the mortgage was a consensual lien. View "Rockstone Capital, LLC v. Sanzo" on Justia Law

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Ronald Smithberg appealed a judgment ordering Smithberg Brothers, Inc., to purchase his interest in the family farm corporation for $169,985 and dismissing on summary judgment his other claims against the corporation and its remaining shareholders, Gary and James Smithberg. After review, the North Dakota Supreme Court concluded Ronald Smithberg raised genuine issues of material fact regarding his claims against the corporation and Gary and James Smithberg, and the district court erred in granting summary judgment dismissing those claims. The court’s valuation of Ronald Smithberg’s interest in the corporation was reversed because his interest could not be valuated until his derivative claims on behalf of the corporation were resolved. View "Smithberg v. Smithberg, et al." on Justia Law

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The State of North Dakota, ex rel. the North Dakota Board of University and School Lands, and the Office of the Commissioner of University and School Lands, a/k/a the North Dakota Department of Trust Lands (“the State”) appealed a district court’s interpretation of royalty provisions of natural gas leases with Newfield Exploration Company, Newfield Production Company, and Newfield RMI LLC (“Newfield”). The State argued the district court’s interpretation of the leases improperly allowed the reduction of the royalty payments to account for expenses incurred to make the natural gas marketable. The North Dakota Supreme Court concluded the gross proceeds from which the royalty payments under the leases were calculated could not be reduced by an amount that either directly or indirectly accounted for post-production costs incurred to make the gas marketable. Therefore, the Court reversed the district court’s judgment. View "Newfield Exploration Company, et al. v. North Dakota, et al." on Justia Law