News & Analysis as of

Standing Property Owners

Gray Reed

Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed

Gray Reed on

State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits.  Spoiler alert: To the chagrin of the landowners, waiting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Flood Project Challenge/Clean Water Act/National Environmental Policy Act: Federal Appellate Court Addresses Standing Issue

The United States Circuit Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 24th, 2024 Opinion a challenge to a United States Army Corps of Engineers (“Corps”) project alleging violations of the...more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

Goodwin on

On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Williams Mullen

The Virginia Supreme Court has made it easier for neighbors to challenge land use approvals - here’s why it matters.

Williams Mullen on

The concept of legal standing made headlines in high-profile U.S. Supreme Court cases this summer; but it is just as critical for cases in Virginia state courts. In the land use and real estate development context, the...more

Husch Blackwell LLP

Dismissal Of Takings Claims Against Water Authority

Husch Blackwell LLP on

Key Points:- The San Antonio Court of Appeals held property owners lacked standing to sue over lowering dam gates because the damages they alleged were not specific to them but suffered by the public at large...more

Patton Sullivan Brodehl LLP

Ninth Circuit Weighs in on “Preemptive” Challenges to Lender’s Authority to Foreclose

Can a California real property owner challenge a lender’s authority to foreclose before a foreclosure sale has occurred?  It’s looking less likely with each new appellate opinion....more

Pierce Atwood LLP

UPDATE: Mass. High Court Takes Plaintiff Out of Game, Upholds Boston’s Transfer to Red Sox of Easement Rights Next to Fenway Park

Pierce Atwood LLP on

In my post last week on Pishev v. City of Somerville, I mentioned that the Supreme Judicial Court (SJC) would be soon deciding another important urban renewal case, Marchese v. Boston Redevelopment Authority. It turns out...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

Snell & Wilmer

Not so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?

Snell & Wilmer on

Lenders routinely accelerate notes after a default occurs, calling the entire loan due immediately. Less regularly, a lender may change its mind and unilaterally revoke the acceleration. Rarely, however, does a lender fail to...more

Holland & Knight LLP

Challenge to D.C. Gas Station Law Motors On

Holland & Knight LLP on

A moratorium against the conversion or closure of gas stations in the District of Columbia has come under constitutional attack. The property owners have won the first round....more

Carlton Fields

Real Property & Title Insurance Update: Week Ending June 16 & 23, 2017

Carlton Fields on

Real Property Update - US Supreme Court - Regulatory Taking: owner of parcel A, that took title to adjacent parcel B after regulation restricting use of parcels had been passed, lost grandfather rights for both parcels by...more

Best Best & Krieger LLP

Non-Property Owners in Cities and Counties May Now Sue for Wasteful Government Spending - California Supreme Court Decision Widens...

Residents need not pay property taxes in their city or county to have standing to sue the entity for wasteful or illegal expenditures, the California Supreme Court said recently in an opinion that overturned lower court...more

Womble Bond Dickinson

The Ready-Made Suit of Standing

Womble Bond Dickinson on

Chief Superior Court Judge James H. Pou Bailey informed lawyers - “Justice under the law is like buying a suit off the rack. It doesn’t fit anybody perfectly, but it fits a lot of people fairly well.” Sometimes, an...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending August 21 & 28 , 2015

Carlton Fields on

Foreclosure/Statute of Limitations: statute of limitations did not bar foreclosure action even though filed more than five years after breach and acceleration of note upon which previous foreclosure action that had been...more

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