Rodgers v. Vilsack
About This Legal Opinion
The trial court dismissed the suit in favor of the United States, finding that Rodgers' violations of the easement were so clear that there was no true title dispute, and therefore no jurisdiction under the Quiet Title Act.
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Canyon Meadows Homeowners Assoc. v. Wasatch County
In a quiet title suit against the new owner to affirm the enforceability of the restrictive covenant, the trial court held that the covenant was not enforceable, as there was no requisite intent that it run with the land.
Werner et al. v. United States
The trial court dismissed the equitable action for lack of jurisdiction and also dismissed the claim for damages, holding that the actions of the two Government agents were unauthorized. The Eighth Circuit affirmed.
Hancock Cnty. Land Acquisitions v. United States
The 11th Circuit affirmed the Tax Court decision finding that the Anti-Injunction Act barred the suit in District Court because the case was a dispute over taxes.
Radtke v. Chester Township
The trial court dismissed the citizen suit to terminate the conservation easement, holding that there was no violation of the Open Meetings law, no intent to deliberate on the easement in information private meetings, and e-mails were not covered by the statute. Affirmed.
Lebanon Historical Society, Inc. v. Attorney General of the State of Connecticut
The trial court held that LHS had no present interest in the Church's parcel, and thus lacked standing to bring the quiet title action.
Adirondack Mountain Reserve v. Board of Assessors of the Town
The court found that there is support in the record for the trial court's finding, affirmed by the Appellate Division (99 AD2d 600), that the easement did not diminish the highest and best use of petitioner's retained property so there was no property tax reduction.
Lebanon Historical Society, Inc. v. Attorney General
The trial court held that LHS had no present interest in the Church's parcel, and thus lacked standing to bring the quiet title action. On appeal, the intermediate appellate court affirmed.
Mohonk Preserve v Pardini, Fink, and Taylor II
The trial court conducted a lengthy bench trial and ultimately ruled in favor of challenger to land trust title. The appellate court reversed, finding several flaws with the trial court's analysis.
Schwent v. United States
The court found that Schwent’s suit against the federal government sounded in takings so therefore the Court of Federal Claims had jurisdiction not the District Court and the nuisance claim against Willets was entirely based on state law and not federal law.
Rappaport v. Village of Saltaire
The trial court dismissed the suit, finding that the public trust doctrine did not apply to lands subject to a restrictive covenant and that the Village's finding of no significant environmental impact was not arbitrary or capricious.