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Property Owners › Statutory Interpretation › Appellate Courts

Adams & Reese

Show-Cause … Again? Florida Appellate Court Clarifies Key Construction Lien Rule

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In a recent decision, Florida’s Second District Court of Appeals clarified the procedure available under Section 713.21(4), Florida Statutes, an important statute in Florida’s Construction Lien Law that impacts the...more

Goulston & Storrs PC

New Guidance on Land Dedication and Article 97

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Nahant Preservation Trust, Inc. v. Northeastern University, 104 Mass.App.Ct. 698 (2024) - Nahant Preservation Trust, Inc. v. Northeastern University involved a dispute over whether a private landowner (“Northeastern”) had...more

Kaufman & Canoles

Court of Appeals of Virginia Affirms Petition to Relocate Two Easements Under Virginia Code § 55.1-304

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Yesterday, the Court of Appeals of Virginia issued a significant decision about a servient landowner’s right to relocate easements in accordance with Virginia Code § 55.1-304. ...more

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

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The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more

Pierce Atwood LLP

SJC Confines Zoning Standing Analysis To Actual Proposed Use; Speculation As To Future Uses Is Irrelevant

Pierce Atwood LLP on

Last week, the Massachusetts Supreme Judicial Court (SJC) reversed an Appeals Court panel in a strongly-worded decision concerning abutter standing to appeal a zoning decision, Stone v. Zoning Bd. of Appeals of Northborough...more

Gray Reed

Texas Court Splits Family Timber Land Over Heir’s Objections

Gray Reed on

“He who comes for the inheritance is often made to pay for the funeral”.* When heirs inherit property together and can’t agree on its use, Texas courts strongly prefer dividing the land physically rather than forcing a sale,...more

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

McGinnis Lochridge

26-Step Mechanical Framework For Interpreting Deeds? Texas courts reject "mechanical" deed interpretation while creating a 28-step...

McGinnis Lochridge on

The El Paso Court of Appeals recently published an opinion that provides what might be characterized as 26-step step system for analyzing a deed that (perhaps inadvertently) highlights a growing irony in Texas jurisprudence....more

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