Federal Defendants Axed From Tennessee Landlocked Property Dispute
The United States and NRCS win dismissal from a suit over access to a hunting parcel near Locust Grove Road in Dyer County.
Real Estate
Federal Court Rules Adverse Possession Claims Against Railroads Preempted by ICCTA
A federal district court in Kansas ruled that a railroad’s adverse possession claim is completely preempted by federal law, dismissing the property owner’s quiet title action but allowing the plaintiff 21 days to refile under the Interstate Commerce Commiss...
Federal Judge in Mississippi Finds Zoning Silence a Denial, Leaves Group Home Merits for Trial
A federal judge in the Southern District of Mississippi ruled that a nonprofit’s Fair Housing Act claims are ripe for review after the City of Madison ignored its accommodation request for 61 days, but denied summary judgment on the merits of whether the gr...
South Carolina Court Preliminarily Approves $1M Settlement in Condo Defect Class Action
A federal judge in South Carolina has preliminarily approved a $1 million settlement class action involving design professionals and a condominium association, resolving claims for alleged construction defects at a North Myrtle Beach property while leaving...
Appellate Division Revives Discrimination Claims in Park Avenue Co-op Sale
A First Department panel reinstated discrimination claims against a Manhattan cooperative and its managing agent, ruling that a black nurse practitioner’s complaint sufficiently alleged they were involved in her rejection in favor of a white male buyer.
Nevada Supreme Court Rules Lennar Waived Arbitration Through 17 Months of Litigation
The Nevada Supreme Court affirmed the denial of Lennar Communities Nevada's motion to compel arbitration of a personal injury claim, holding in a unanimous opinion by Justice Bell that the homebuilder forfeited its contractual arbitration right by litigatin...
Ninth Circuit Rules Montana Streambed Act Cannot Reach Private Inholdings in Glacier Park
The Ninth Circuit affirmed summary judgment for John and Stacy Ambler, holding that the Flathead Conservation District cannot enforce Montana's Natural Streambed and Land Preservation Act of 1975 against land the couple owns inside Glacier National Park bec...
Sixth Circuit Affirms Denial of Title Insurance Coverage for Reverted Condominium Units
The Sixth Circuit affirmed summary judgment for First American Title Insurance Company, ruling that a title insurer had no duty to defend its insured, Triple Properties Detroit, LLC, against a lawsuit brought by a buyer whose title had reverted to a condomi...