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LexisNexis® Mealey's™ Real Estate Legal News
Headline Real Estate Legal News from LexisNexis®

• High Court Declines To Review 2nd Circuit Takings Ruling
  WASHINGTON, D.C. - The U.S. Supreme Court on June 23 denied a petition from a group of New York property owners asking for review of a Second Circuit U.S. Court of Appeals ruling in favor of a developer and the City and State of New York's redevelopment plan for a Brooklyn neighborhood, which includes taking the owners' property through eminent domain (Daniel Goldstein, et al. v. George E. Pataki, et al., No. 07-1247, U.S. Sup.; See April 2008, Page 5). Full story on lexis.com
• 9th Circuit Affirms Refusal Of Unproven Health Risk Testimony
  SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 24 affirmed a lower court's ruling excluding expert testimony about the affect of electromagnetic fields (EMF) on the value of remaining property after condemnation for an easement for construction of power transmission lines (United States of America v. 87.98 Acres of Land More of Less in the County of Merced, California, et al., No. 06-15410, 9th Cir.; 2008 U.S. App. LEXIS 13310). Full story on lexis.com
• Judge: Developer Must Pursue Just Compensation In State Court
  WILLIAMSPORT, Pa. - On June 11, a federal judge in Pennsylvania dismissed a developer's due process and equal protection case over a county's taking of property as part of a preservation plan, noting that the developer had not pursued all possible state court remedies for just compensation (Lauxmont Holdings LLC, et al. v. County of York, Pa., et al., No. 07-cv-01980, M.D. Pa.; 2008 U.S. Dist. LEXIS 45932). Full story on lexis.com
• Landowner Alleges Municipality Illegally Hindered Use Of Land
  ALLENTOWN, Pa. - A landowner in Pennsylvania on May 23 sued a township, the township's boards and individual members of the boards, alleging a 13-year pattern of obstruction of the landowner's plan to build a 668-acre recreational facility (Ethan Michael, Inc. v. Union Township, Pa., et al., No. 08-cv-02432, E.D. Pa.). Full story on lexis.com
• Judge Says State Did Not Violate Homeowner's Due Process Rights
  DETROIT - A federal judge in Michigan on June 17 denied a woman's motion to dismiss and granted a municipality's motion to dismiss the woman's charge that the municipality had violated her due process rights regarding a nonconforming property that had been vacant for at least five years (Shirley Davis v. City of Ecorse, Mich., et al., No. 07-cv-10100, E.D. Mich.; 2008 U.S. Dist. LEXIS 47157). Full story on lexis.com
• Judge: Adult Entertainment Web Site May Replead Taking Claim
  MIAMI - A federal judge in Florida on June 2 denied the City of Miami's motion to dismiss allegations that its adult entertainment ordinance violated a business's constitutional rights but granted the motion to dismiss the business's regulatory taking claims while permitting the business to replead the claim, which was originally pleaded using an outmoded test (Flava Works Inc., et al. v. City of Miami, et al., No. 07-cv-22370, S.D. Fla.; 2008 U.S. Dist. LEXIS 43545). Full story on lexis.com
• Video Store's Claims Against Cities' Zoning Untimely, Panel Says
  CINCINNATI - In an unpublished opinion, the Sixth Circuit U.S. Court of Appeals on June 13 affirmed a lower court decision that an adult entertainment company's allegations against two cities for alleged violations of its First, Fifth and 14th Amendment rights were untimely (A to Z, Inc. v. City of Cleveland, et al., No. 07-3922, 6th Cir.; 2008 U.S. App. LEXIS 12872). Full story on lexis.com
• 9th Circuit Panel: Sign Company's Claims Are Not Redressable
  SAN FRANCISCO - In an unpublished opinion, a Ninth Circuit U.S. Court of Appeals panel on June 4 vacated a lower court decision and remanded to dismiss a sign company's constitutional rights claims, noting that the sign company's alleged injury was not redressable (Boulder Sign Company, LLC, v. City of Boulder City, Nevada, No. 06-16603, 9th Cir.; 2008 U.S. App. LEXIS 12217). Full story on lexis.com
• Panel: Advertiser Has No Standing, Damages Not Redressable
  ATLANTA - In accordance with a mandate from the 11th Circuit U.S. Court of Appeals that found that an advertiser did not have standing to bring a claim against a Florida county that had allegedly unconstitutionally denied it permits for outdoor signs, a federal judge on June 23 dismissed the case brought by the advertiser (Maverick Media Group Inc. v. Hillsborough County, Fla., No. 02-cv-00947, M.D. Fla.). Full story on lexis.com
• 8th Circuit Affirms $2 Million Award Against Billboard Firm In Suit By Competitors
  ST. LOUIS - A $2 million punitive damages award against billboard company Viacom Outdo