Justia Real Estate & Property Law Opinion Summaries

After her husband Benny Wall (decedent) died, petitioner Cindy Wall (wife) petitioned the probate court to determine that a home, titled in decedent’s name, was community property. Decedent’s children, objectors Timothy Wall and Tamara Nimmo (the children) unsuccessfully objected. On appeal, the children contended the trial court erred: (1) in determining the Family Code section 760 community property presumption prevailed over the Evidence Code section 662 form of title presumption; (2) in failing to consider tracing evidence rebutting the community property presumption; (3) in determining the Family Code section 721 undue influence presumption prevailed over the Evidence Code section 662 form of title presumption; and (4) by applying the undue influence presumption where there was no showing of unfair advantage. Though the Court of Appeal concluded the first two contentions had merit, it affirmed the trial court’s judgment. View "Estate of Wall" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirmed the orders of the district court dismissing Appellant's constitutional claims asserting discrimination in the tax assessments of its properties, holding that Appellants' claims were time-barred.Appellant, Walmart, Inc., owned real property in two counties (the Counties). In this action, Walmart claimed that for tax purposes the Counties overvalued the properties or unfairly assessed the properties' value as compared with other similarly situated properties. Appellant asserted that the Counties' international discrimination in their tax assessments violated the Equal Protection Clause and Appellant's right to uniformity in taxation. The district court dismissed the claims as time-barred, and the court of appeals affirmed. The Supreme Court affirmed, holding that Appellant's claims were subject to the limitations period of Minn. Stat. Ann. Chapter 278 and were time-barred. View "Walmart Inc. v. Winona County" on Justia Law

An individual bought a condominium, which she consistently rented for short terms. Sixteen years after her purchase, the owner’s association amended its governing documents to prohibit renting properties for less than 30 days. The Court of Appeal agreed with the owner that she was exempt from this prohibition under Civil Code section 4740 (a), which provided that an owner of a property in a common interest development “shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of” the owner’s property unless that document or amendment “was effective prior to the date the owner acquired title” to the property. The trial court held that she was not exempt, so judgment was reversed. View "Brown v. Montage at Mission Hills, Inc." on Justia Law

Property owners filed suit after the Town of Redington Beach passed an ordinance that granted the public certain access to the dry sand beaches. After the lawsuit was filed, Plaintiff Fields was asked to resign from her position on the Board of Adjustment (which reviews requests for variances from the Town's zoning code), because she had filed this suit against the Town.The Eleventh Circuit vacated and remanded the district court's grant of summary judgment to the property owners on their claims that the ordinance violated Florida law and constituted an unlawful taking. The court concluded that the district court erred in declaring the ordinance void under Florida Statute 163.035; the district court erred in granting summary judgment to the property owners on the Town's customary use defense; and the district court erred in finding a facial and an as-applied taking. The court also vacated and remanded the district court's grant of summary judgment to Plaintiff Fields on the First Amendment retaliation claim. View "Buending v. Town of Redington Beach" on Justia Law

The Supreme Court affirmed the judgment of the district court granting summary judgment to Defendant Gerald James on his quiet title claim and granting both Defendants summary judgment on Plaintiffs' remaining claims, holding that summary judgment was properly granted.Plaintiffs, Robert and Naomi James, filed a complaint asserting multiple claims against Defendants, Gladys Winkel and Gerald, including a claim to quiet title to real property. Gerald answered and filed several counterclaims. Winkel answered separately and also filed a counterclaim. The district court granted summary judgment generally in favor of Defendants. The Supreme Court affirmed, holding (1) the district court did not err in ruling that Plaintiffs could not maintain a claim for equitable conversion because they failed to timely plead it; and (2) genuine issues of material fact did not preclude the grant of summary judgment to Defendants on Plaintiffs' claims. View "James v. Winkel" on Justia Law

In 2016, Chicago and the Barack Obama Foundation selected Jackson Park as the location for the Obama Presidential Center, to consist of a museum, public library, and other spaces for cultural enrichment and education related to the life and presidency of Barack Obama. The Center will occupy about 20 acres of the park and require that Chicago close several nearby roadways. The National Park Service approved the plan on the condition that Chicago expand nearby spaces for public recreation. The Federal Highway Administration approved the construction of new roadways to make up for the roadways to be closed. Those agencies together performed an environmental assessment and concluded that their decisions would have an insignificant effect on the environment and were the least damaging alternatives available; they did not consider whether Chicago could have further reduced environmental harms by building the Center elsewhere.Objectors sought to enjoin the construction of the Center. The district court denied their request for a preliminary injunction. The Seventh Circuit declined to enjoin construction pending appeal, having previously affirmed summary judgment for the defendants on the constitutional claims. The opponents are unlikely to show that the agencies made a clear error in judgment when weighing the benefits of change against history; the agencies considered the full environmental impact of the Center’s construction. View "Protect Our Parks, Inc. v. Buttigieg" on Justia Law

Edwin Schulz appealed a judgment following a bench trial on the damages to his barn, pole barn and shed. Schulz sued Adam Helmers for negligence and breach of contract following a fire that destroyed the barn, pole barn and shed. At the time of the fire, Schulz was leasing the farmstead to Helmers, including the three buildings. He argued the district court applied the wrong measure of damages in his breach of contract claim against Helmers. The district court concluded N.D.C.C. 32-03-09.1 applied to the breach of contract claim, which provided the measure of damages for an injury to property not arising from contract was the diminution of value. The North Dakota Supreme Court concurred with the district court's finding and affirmed the judgment. View "Schulz v. Helmers" on Justia Law

The Supreme Court vacated the order of the circuit court granting a petition to terminate a joint tenancy filed with the estate action of one of the deceased tenants without notice or a hearing, holding that the failure to provide notice was not harmless.Specifically, the Supreme Court held (1) this Court had appellate jurisdiction to review the circuit court's order terminating the joint tenancy; (2) the petition to terminate the joint tenancy was a formal proceeding requiring notice, and the failure to comply with the notice requirements was not harmless; and (3) Appellant's argument that he was immediately vested with the joint tenancy land either by the right of survivorship or the provisions of the Uniform Probate Code was not a basis for affirming the order terminating the joint tenancy. View "In re Estate of Petrik" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the common pleas court adopting the Kings Local School District Board of Education's appraisal as the basis for determining the value of property owned by Appellant that was leased for use as a Lowe's Home Centers store, holding that there was no error.On appeal, Appellant argued that the appraisal introduced by the school board was not competent evidence of the property's value because it did not value the "fee simple, as if unencumbered," as required by Ohio Rev. Code 5713.03. Specifically, Appellant asserted that a property must be appraised under the theory that a hypothetical sale of the property on the tax-lien date would involve the current tenant vacating the property at transfer. The Supreme Court affirmed, holding (1) the market-lease rule reflects the meaning of the phrase "fee simple estate, as if unencumbered"; and (2) the case law requiring adjustments of leased-fee comparable did not support Appellant's vacant-at-transfer rule. View "Rancho Cincinnati Rivers, LLC v. Warren County Board of Revision" on Justia Law

The Supreme Court affirmed in part and reversed in part the district court's ruling that the Dearborn Meadows Land Owners Association, Inc. (DMLOA) established on behalf of its members an implied easement by preexisting use and a prescriptive easement over Powerline Road across the property of JRN Holdings, LLC, holding that the district court erred in part.Specifically, the Supreme Court held that the district court (1) did not err in declaring an implied easement by preexisting use for residential use of the Dearborn Meadows properties that had no other means of access to reach their land; (2) erred in determining that the implied easement extended to other DMLOA members; (3) did not err in determining that all DMLOA members held a prescriptive easement for both residential and recreational uses; (4) erred in ruling that either an implied easement or a prescriptive easement existed for use by the public; and (5) erred by awarding attorney fees to the DMLOA. View "JRN Holdings, LLC v. Dearborn Meadows Land Owners Ass'n, Inc." on Justia Law