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Real Estate Cases |  | | March 11-17, 2011 FindLaw.com Weekly Real Estate Newsletter | | You may forward this e-mail in its entirety.
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Real Estate Cases United States Second Circuit, 03/15/2011
NY Atlantic Railway v. Surface Transportation Bd., No. 10-1490
Petition for review of the decision of the Surface Transportation Board (STB) that petitioner did not fall within the exclusive jurisdiction of the STB, and thus failed to qualify for federal preemption from local zoning regulations is denied because administrative decision was neither neither arbitrary nor capricious. Read more... United States Second Circuit, 03/15/2011
Bodansky v. Fifth on the Park Condo, No. 10-0720 & 10-1147
In dispute involving the scope of the Interstate Land Sales Full Disclosure Act (ILSA), 15 U.S.C. sections 1701-20, order by district court dismissing complaint by plaintiffs is vacated because whether a lot is exempt under the 100-lot exemption is determined as of the time a purchaser or lessee signs a contract to purchase or lease that lot. Read more... United States Ninth Circuit, 03/14/2011
Los Angeles v. San Pedro Boat Works, No. 08-56163
In a dispute involving the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. section 9607(a)(2), summary judgment in favor of defendants is affirmed because a holder of a revocable permit to use real property is not an owner of that property under the CERCLA. Read more...
United States Ninth Circuit, 03/14/2011
Paiute-Shoshone Indians of the Bishop Community v. Los Angeles, No. 07-16727
In action against defendant for an order restoring plaintiff to possession of land that defendant took long ago in a deal with the United States, dismissal of case by trial court is affirmed because the United States was a required party that plaintiff could not join. Read more... United States Ninth Circuit, 03/15/2011
Khatib v. County of Orange, No. 08-56423
In a case involve the scope of the Religious Land Use and Institutionalized Persons Act (RLUIPA), judgment by the district court is reversed where the RLUIPA applies to the defendant's courthouse such that it covers persons detained at the courthouse. Read more... California Court of Appeal, 03/16/2011
Coronado Cays v. City of Coronado, No. D056377
In a dispute involving the scope of a special use permit, judgment that defendant is responsible for maintaining a berm that supports bulkheads located on property within the subdivision of plaintiff is affirmed because grounds for appeal are without merit. Read more... California Court of Appeal, 03/16/2011
South Sutter v. LJ Sutter Partners, No. C059554
In a case involving the scope of a option agreement, trial court judgment in favor of defendant is affirmed where trial court correctly held that anti-SLAPP motion was timely and arose from the exercise of constitutional rights by defendant. Read more... California Court of Appeal, 03/16/2011
Landvalue 77, LLC v. Bd. of Trustees of the California State University, No. F058451
In a challenge to the approval of a mixed-use development project by plaintiff, judgment by trial court is affirmed in part and reversed in part where the trial court was required by Public Resources Code section 21168.9 to issue a writ of mandate but did not abuse its discretion in refusing to enjoin construction. Read more...
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