Justia Real Estate & Property Law Opinion Summaries

The Army Corps of Engineers denied a permit to build student housing on the Russellville property, next to Arkansas Tech University. The land is bordered by two waterways. Downstream from the tract, the Corps maintains the Russellville Dike and Prairie Creek Pumping Station to protect Russellville from flooding by pumping water into the backwaters of the Arkansas River, away from the city. Upstream from the station is a sump, 730 acres of low-lying land that holds water that then flows toward the pumping station, The Corps purchased flowage easements giving it the right to flood the land subject to those easements to a certain elevation. Part of the tract at issue lies within the sump and is subject to an easement, "that no structures for human habitation shall be constructed." The owner proposed four apartment buildings on land subject to the easement.The Eighth Circuit upheld the denial of a permit. It is unlawful for anyone "in any manner whatever [to] impair the usefulness of any . . . work built by the United States . . . to prevent floods" unless the Corps permits it, 33 U.S.C. 408(a). The proposed construction would impair the usefulness of the Corps's pumping station. The Corps found that the structures would result in water velocities and depths that would be "a significant hazard that can deny escape," and "may threaten the lives and security of the people and property in Russellville.” View "Russellville Legends LLC v. United States Army Corps of Engineers" on Justia Law

The Supreme Court dismissed this appeal from the judgment of the district court dismissing Appellants' appeal from a decision of the Madison County Board of Commissioners for lack of appellate jurisdiction, holding that this Court lacked jurisdiction.At issue in this appeal was the Madison County Board of Commissioners' approval of the Elkhorn Valley Sportsman Club's application for a conditional use permit. Appellants appealed the Board's decision to the district court, which dismissed the appeal for failure to pay the docket fee. The Supreme Court dismissed Appellants' subsequent appeal, holding that the district court did not err in dismissing this appeal from the Board's determination for lack of appellate jurisdiction. View "Kowalewski v. Madison County Board of Commissioners" on Justia Law

In 2010, the city certified an environmental impact report (EIR) and approved a specific plan for property located next to San Francisco Bay. CCCR challenged the plan under the California Environmental Quality Act (Pub. Resources Code 21000, CEQA). The court identified deficiencies in the EIR. The city prepared a recirculated EIR (REIR) that remedied the deficiency. The REIR found the specific plan could have significant impacts due to the destruction of endangered species habitats and discussed the impacts of climate change and sea-level rise. The city certified the final REIR, readopted the 2010 specific plan, and executed a development agreement. In 2016, the city approved a subdivision map for 386 housing units. In 2019, another subdivision map proposed 469 additional residential lots. The city prepared a checklist comparing the REIR’s analysis of the specific plan with the impacts of the subdivision map and concluded the proposed subdivision would be consistent with the specific plan, and that no changed circumstances or new information required additional environmental review. The city posted the checklist for public comment, responded to comments, then approved the subdivision map.The court of appeal affirmed. The project was exempt from further CEQA review under Government Code 65457 because it implemented and was consistent with the specific plan. Substantial evidence supports the conclusion that no project changes, changed circumstances, or new information required additional analysis. The deferral of analysis of potential flood control projects to address sea-level rise in the latter half of this century was proper. View "Citizens' Committee to Complete the Refuge v. City of Newark" on Justia Law

The Supreme Court held that a recorded judgment lien attaches to homestead property where the judgment debtor has equity in excess of the amount exempt under Arizona law.Pacific Western Bank (PWB) obtained a California judgment against Todd McLauchlan that was domesticated and recorded in Arizona. McLauchlan later filed a Chapter 7 bankruptcy petition identifying an ownership interest in a residence and claiming the statutory homestead exemption in the residence. PWB filed a proof of claim, $552,497 of which was secured by the recorded judgment lien. The remaining $115,985 was unsecured. After McLauchlan received his discharge he sold the residence and realized $56,852 in excess of the $150,000 homestead exemption. PWB filed a motion seeking a determination that McLauchlan's bankruptcy discharge did not affect its interest secured by its recorded judgment. At issue was whether, under Ariz. Rev. Stat. 33-964(B), judgment liens attach to homestead property. The Supreme Court answered in the affirmative. View "In re McLauchlan" on Justia Law

The Supreme Court held that a deed covenant requiring the arbitration of any dispute arising from a construction defect runs with the land such that it is binding upon a subsequent purchaser of the real estate who was not a party to the deed.The home in this case was constructed and sold by U.S. Home Corp. to the original purchasers. The original deed contained an arbitration provision and several covenants, conditions and restrictions concerning the home that bound both the original purchasers and subsequent purchasers. The original purchasers later sold the home to Plaintiffs, who brought suit against U.S. Home pursuant to Fla. Stat. 553.84. U.S. Home filed a motion to stay and compel arbitration, which the circuit court granted. The Second District Court of Appeal affirmed, concluding that a valid arbitration agreement existed and that it was a covenant running with the land. The Supreme Court approved the decision below, holding that Plaintiffs were bound by the arbitration provision. View "Hayslip v. U.S. Home Corp." on Justia Law

Appellant, defendant, and cross-complainant Earl Greif sold 10 acres of raw vacant land (Property) in Rancho Mirage to plaintiff-respondent Yardley Protective Limited Partnership, a family real estate investment partnership. A few days after Earl signed the purchase agreement (Purchase Agreement), he concluded he had sold the Property for less than its fair market value and attempted to back out of the sale. The Yardley partnership sued Earl, Earl’s wife, Shirley Greif, and Gabriel Nicholas Limited Liability Company (collectively GNLLC) to enforce the Purchase Agreement. Greif filed a cross-complaint against the Yardley partnership and one of its limited partners, Solail Ahmad (Yardley), later adding as cross-defendants Yardley’s real estate brokers, Desert Gate Real Estate, Inc. dba Four Season Realty (Desert Gate) and Desert Gate broker, Eddie Sanin (collectively Sanin). The trial court dismissed Greif’s third amended cross-complaint (Cross-complaint) on the eve of trial for failing to state any cause of action as a matter of law. After a lengthy court trial, the trial court entered judgment in favor of Yardley and against Greif and GNLLC. Greif filed three separate appeals. Rejecting Grief and GNLLC's contentions raised in the appeals, the Court of Appeal affirmed the trial court's judgment. View "Greif v. Sanin" on Justia Law

The Supreme Court affirmed the order of the Water Court that adjudicated the priority dates for certain of its water rights in Basin 40B in Petroleum County, holding that the Water Court did not err.Specifically, the Supreme Court held that the Water Court (1) did not err in concluding that the water rights to much of the irrigated acreage owned by Twin Creeks Farm & Ranch had been abandoned been the initial claimed priority date of 1903 and later irrigation development around 1968; and (2) was correct to grant Twin Creeks an implied claim with a 1968 priority date rather than tying the later irrigated acreage to the original 1903 claim. View "Twin Creeks Farm & Ranch, LLC v. Petrolia Irrigation District" on Justia Law

Plaintiff-respondent Keely Rickard purchased the subject residential real property from the Coulimore Family Living Trust, U/A/D March 6, 2014 ("the Coulimore Trust"). Rickard later sued Defendants-petitioners Jonathan Coulimore and Elinor Coulimore, individually, and as Trustees of the Coulimore Trust, for damages from defects they failed to disclose. The Oklahoma Supreme Court granted certiorari to review a certified interlocutory order to determine whether the transaction was exempt from the Residential Property Condition Disclosure Act (RPCDA). The Court found the transaction was a transfer by a fiduciary who was not an owner occupant of the subject property in the course of the administration of a trust and, pursuant to 60 O.S.2011 section 838(A)(3), the transaction was exempt from the RPCDA. The Court therefore affirmed partial summary judgment as to the inapplicability of the RPCDA and remanded for further proceedings. View "Rickard v. Coulimore" on Justia Law

The Supreme Court reversed in part and affirmed in part the judgment of the trial court granting dismissal of Plaintiff's claims for breach of the implied warranty of habitability and negligence as to four of the defendants, holding that the complaint included facts capable of supporting relief on Plaintiff's implied-warranty-of-habitability claims against two of the defendants.Plaintiff, a homeowners' association, sued Defendants after discovering defects at a condominium complex. Four of the defendants filed a motion to dismiss, arguing that they were not subject to the implied warranty of habitability because they were not builder-vendors and that the negligence claim was barred by the economic loss doctrine. The trial court granted the motion. The Supreme Court reversed in part, holding (1) Plaintiff alleged facts capable of supporting relief on its implied-warranty-of-habitability claims against two of the defendants; and (2) Plaintiff alleged facts capable of supporting relief on its negligence claim. View "Residences at Ivy Quad Unit Owners Ass'n, Inc. v. Ivy Quad Development, LLC" on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment in favor of Plaintiffs in their appeal from the order of the state tax administrator denying a refund with respect to a conveyance tax paid pursuant to a memorandum of agreement, holding that Plaintiffs were entitled to judgment as a matter of law.In this dispute surrounding the conveyance tax Plaintiffs paid to expediently transfer a mall and an associate parking garage, the district court concluded that the transfer of interest in a lease entered into by Plaintiffs was not subject to the conveyance tax under R.I. Gen. Laws 44-25-1(a) because of a tax exemption granted through action by the Rhode Island Economic Development Corporation. The district court granted final judgment in favor of Plaintiffs. The Supreme Court affirmed, holding that the district court did not err in granting summary judgment for Plaintiffs. View "Providence Place Group Limited, Partnership v. State ex rel. Division of Taxation" on Justia Law