DENVER - A 10th Circuit U.S. Court of Appeals panel in an Oct. 14 unpublished opinion affirmed a lower court finding that a property owner does not have standing to bring a trespassing suit against a cell phone antenna owner because the antenna was in place on a utility tower within an easement before the current owner bought the property (John J. Gates v. Sprint Spectrum, L.P., et al., No. 08-3003, 10th Cir.; 2009 U.S. App. LEXIS 22518). Full story on lexis.com

MIAMI - A Florida appeals court panel on Oct. 14 reversed a lower court decision that allowed a pair of investors to purchase a common area of a condominium at a public tax sale (Village of Doral Place Association, Inc. v. RU4Real, Inc., et al., No. 3D08-944., 3rd Dist., Fla. App.; 2009 Fla. App. LEXIS 15540). Full story on lexis.com

FRANKFORT, Ky. - A Kentucky appeals court panel on Oct. 16 affirmed a lower court's decision denying a married couple's attempt to enforce an easement for their use of a road over their deceased neighbor's property because they did not have a valid written agreement (Harry Jones, et al. v. Teresa Sparks, et al., No. 2008-CA-002006-MR, Ky. App.; 2009 Ky. App. LEXIS 200). Full story on lexis.com

PHILADELPHIA - A federal magistrate judge in Pennsylvania on Sept. 29 held that a municipality's denial of a cellular phone company's variance application to erect a cellular communications tower did not result in a prohibition of services in violation of the Telecommunications Act of 1996 because the company failed to prove that there was a coverage gap in the municipality (New Cingular Wireless PCS, LLC v. Zoning Hearing Board of Weisenberg Township, et al., No. 06-cv-02932, E.D. Pa.; 2009 U.S. Dist. LEXIS 89654; See December 2008). Full story on lexis.com

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Oct. 14 reversed and remanded a lower court's finding that the municipality's denial of a permit to build a telecommunications tower constituted a prohibition on the provision of wireless service, holding that there are issues of material fact that preclude the district court's decision (Sprint PCS Assets, LLC v. City of Palos Verdes Estates, et al., No. 05-56106, 9th Cir.; 2009 U. S. App. LEXIS 22514). Full story on lexis.com

SCRANTON, Pa. - After a business owner sued a local municipality, alleging that it had violated his due process and other rights when it changed the zoning of his property so that his dog kennel business became a noncompliance, a federal judge in Pennsylvania's order was filed on Oct. 2 granting the municipality's motion to dismiss, holding, among other things, that it was immune under the Pennsylvania Subdivision Tort Claims Act (Costanzo Cerino v. Towamensing Township, et al., No. 09-cv-00812, M.D. Pa., 2009 U.S. Dist. 90961). Full story on lexis.com

HARTFORD, Conn. - A Connecticut appeals court panel on Oct. 14 affirmed a trial court decision denying a variance to a property owner, holding that the property owner knew when the land was purchased that it was not a legally developable lot (Christine Cimino v. Zoning Board of Appeals of the Town of Woodbridge, No. AC 29251, Conn. App.; 1009 Conn. App. LEXIS 450). Full story on lexis.com

RICHMOND, Va. - In an unpublished opinion issued Oct. 15, a Fourth Circuit U.S. Court of Appeals panel affirmed a lower court's summary judgment in favor of a municipality and said that a developer's equal protection claims regarding the time it took to approve his zoning change application failed because he had not raised a genuine issue of material fact as to whether he was similarly situated to other zoning applicants (David J. Sowers v. Powhatan County, Virginia, et al., No. 08-1633, 4th Cir.; 2009 U.S. App. LEXIS 22676). Full story on lexis.com

TRENTON, N.J. - In an unpublished opinion on Oct. 16, a New Jersey appeals panel affirmed a lower court's dismissal of a pair of developers' challenge to the zoning of their property and agreed with the trial judge's finding that the developers failed to exhaust their administrative remedies (New Horizon Investment Corp., et al. v. Mayor and Municipal Council of the Township of Belleville, et al., No. A1596-07T3, N.J. Super., App. Div.; 2009 N.J. Super. Unpub. LEXIS 2580). Full story on lexis.com

TRENTON, N.J. - In an unpublished opinion, a New Jersey appeals panel on Oct. 16 affirmed a lower court's finding that equitable estoppel precluded a municipality from rescinding certain previously approved building permits after a developer began a project based on the assumed good faith of the municipality's approval (Joel A. Mott III v. Zoning Board of Adjustment of City of Ocean City, et al., No. A-1584-08T1, N.J. Super., App. Div.; 2009 N.J. Super. Unpub. LEXIS 2586). Full story on lexis.com

CONCORD, N.H. - The New Hampshire Supreme Court on Oct. 20 affirmed a lower court's dismissal of a married couple's challenge of their neighbor's use variance, holding that the challenge was untimely filed (Joanne Radziewicz, et al., v. Town of Hudson, No. 2009-085, N.H. Sup.; 2009 N.H. LEXIS 117). Full story on lexis.com

RALEIGH, N.C. - A North Carolina Court of Appeals panel on Oct. 20 affirmed a lower court's grant of summary judgment to a municipality on a pair of property owners' challenge to the satellite annexation and rezoning of certain properties, holding that the trial court did not err in finding that the rezoning did not entail "spot zoning" (Christopher A. Musi, et al., v. The Town of Shallotte, et al., No. 07-CVS-954, N.C. App.; 2009 N.C. App. LEXIS 1643). Full story on lexis.com

LOS ANGELES - In an unpublished opinion on Oct.19, a California appeals panel reversed a lower court finding and held that although certain municipal employees had wrongly assured a business owner that his proposed use of a property would be approved, the business owner could not obtain estoppel based on those statements (Triumph Transport, Inc. v. City of Bellflower, et al., No. B209586, Calif. App., 2nd Dist., Div 7; 2009 Cal. App. Unpub. LEXIS 8285). Full story on lexis.com

TRENTON, N.J. - In an unpublished opinion, a New Jersey appeals court panel on Oct. 16 affirmed a lower court jury's $5.6 million award for just compensation and held that the trial judge properly determined that evidence of lead and asbestos removal costs was admissible to determine the actual value of the property (New Jersey Schools Construction Corporation v. Warminster Investments Corporation, a/k/a Warminster Investment Corporation, No. A-5319-07T1, N.J. App.; 2009 N.J. Super. Unpub. LEXIS 2588). Full story on lexis.com

PENN YAN, NY - A trial court justice in New York on Oct. 8 dismissed a local association's suit against a municipality and a pair of wind energy companies and held that in rezoning an area for wind energy development, the municipality is not required to perform certain state mandated environmental impact studies because those studies are not required until an actual project is proposed (Finger Lakes Preservation Association v. Town Board, Town of Italy, et al., N.Y. Sup., Yates Co.; 2009 N.Y. Misc. LEXIS 2760). Full story on lexis.com

NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel on Oct. 16 said residents of the Mississippi coast have standing to sue the coal, petroleum and chemical industries for property damage resulting from Hurricane Katrina because of the companies' alleged contributions to climate change are compensable under theories of nuisance, negligence and trespass (Ned Comer, et al. v. Murphy Oil USA, et al., No. 07-60756, 5th Cir.). Full story on lexis.com

WASHINGTON, D.C. - Defenders of Wildlife and the Sierra Club have notified the U.S. Environmental Protection Agency that they planned to sue the agency for failing to review the effluent limitations for steam electric power generators since 1982. Full story on lexis.com

CHILLICOTHE, Ohio - An Ohio appeals panel on Sept. 14 found that the sellers of a home had no duty to disclose mold and water issues during an "as is" sale, reversing a ruling granting a negligent misrepresentation claim in favor of the purchasers (Timothy Mynes, et al. v. Otis R. Brooks, et al., No. 08CA3211, Ohio App., 4th Dist.; 2009 Ohio App. LEXIS 4241). Full story on lexis.com

MIDDLETOWN, Conn. - A Connecticut judge on Aug. 13 denied summary judgment on various causes of action asserted by the purchaser of a home, alleging that the seller misrepresented that the home did not contain mold and water damage and breached the contract of sale and finding that the issues should be concluded by a trier of fact (Heather Stone v. Mary Walsh, No. CV085005292S, Conn. Super.; 2009 Conn. Super. LEXIS 2297). Full story on lexis.com

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Sept. 22 affirmed the approval of a $4.45 million class action settlement that resolved claims that the operator of a Detroit-area steel plant damaged surrounding residents' property through the discharge of metal-like dust and flakes (Malcolm Moulton, et al. v. United States Steel Corp., Nos. 08-2311, 08-2312, 6th Cir.; 2009 U.S. App. LEXIS 20896). Full story on lexis.com

WEST PALM BEACH, Fla. - Finding that the Florida Insurance Guaranty Association (FIGA) properly raised and asserted its appraisal rights, a Florida appeals panel on Sept. 30 reversed a trial judge and remanded for the judge to grant FIGA's motion to compel the appraisal of homeowners' hurricane damages (Florida Insurance Guaranty Association Inc. v. Jorge and Helena Castilla, No. 4D09-103, Fla. App., 4th Dist.; 2009 Fla. App. LEXIS 14510). Full story on lexis.com

WASHINGTON, D.C. - Parties in a dispute over Congress' passing of a law to transfer government-owned property containing a Latin cross to private hands to correct a separation of church and state constitutional violation presented oral arguments before the U.S. Supreme Court on Oct. 7 on whether the law violates an injunction enjoining the government from permitting the display of the cross (Ken L. Salazar, Secretary of the Interior, et al, v. Frank Buono, No. 08-472, U.S. Sup.; See February 2009). Full story on lexis.com

NEW YORK - A federal judge in New York in a Sept. 29 order held that there are genuine issues of material fact as to whether a real estate title insurance company waived its right to deny coverage under a title insurance policy in a case where an earlier court had held that the company and shareholder bringing the claim did not hold interest in the mortgage to the property covered by the policy (Stonewell Corp., et al. v. Conestoga Title Insurance Co., et al., No. 04-09867, S.D. N.Y.; 2009 U.S. Dist. LEXIS 88563.). Full story on lexis.com

NEWARK, N.J.- Full story on lexis.com

WEST PALM BEACH, Fla. - A Florida appeals court panel on Oct. 7 reversed and remanded a lower court decision and found that the trial judge erred when he held that a homeowners insurance policy excluded the cost of repairing a plumbing leak that caused earth movement because there was an earth movement exclusion in the policy (Margaret Liebel f/k/a Margaret Kennedy v. Nationwide Insurance Company of Florida, No. 4D08-3356, Fla. App., 4th Dist.; 2009 Fla. App. LEXIS 14938). Full story on lexis.com

SALT LAKE CITY - A Utah federal judge on Aug. 26 denied a motion to dismiss in a case brought by the receiver of an alleged Ponzi scheme seeking the return of assets from a holding company, holding that the receiver properly established jurisdiction and properly stated a fraudulent transfer claim (Robert G. Wing, et al. v. Apex Holding Company, LLC, et al., No. 2:09-CV-00022, D. Utah). Full story on lexis.com

DALLAS - Two Lake Whitney, Texas, property owners filed a class action lawsuit in federal court on Sept. 22, accusing the developer of their property of unlawfully pocketing payments intended to benefit property owners (Betty Bridgewater, et al. v. Double Diamond-Delaware Inc., et al., No. 3:09-cv-1758, N.D. Texas). Full story on lexis.com

ALBUQUERQUE, N.M. - A group of businesses and trade associations on Sept. 4 moved for partial summary judgment of a number of claims challenging local building ordinances aimed at energy conservation, alleging that the local ordinances are preempted by federal law (The Air Conditioning, Heating and Refrigeration Institute, et al. v. City of Albuquerque, No. 08-cv-00633, D. N.M.). Full story on lexis.com

SACRAMENTO, Calif. - In an unpublished opinion, a California appeals panel on Aug. 27 affirmed a lower court finding that a municipality had taken a homeowner's property for a public use without just compensation when the municipality dumped lead-contaminated soil dug from the same homeowner's property during a sewer project (City of Lincoln v. Tracy D. Estridge, et al., No. C059750, Calif. App., 3rd Dist.; 2009 Cal. App. Unpub. LEXIS 6942). Full story on lexis.com

TOPEKA, Kan. - The Kansas Supreme Court on Sept. 4 reversed an appeals court decision and held that a city was required to provide just compensation for damage to an estate's property caused by the city's road construction project that changed storm water drainage in the area (Estate of Archie Kirkpatrick v. The City of Olathe, Kansas, et al., Nos. 96,229 and 96,981, Kan. Sup.; 2009 Kan. LEXIS 839). Full story on lexis.com

MIDDLETOWN, Ohio - An Ohio appeals court panel on Sept. 8 affirmed a lower court's denial of a municipality's immunity motion in an action where the municipality is being sued for, among other things, creating a nuisance when it required developers to link their storm-water systems into a privately owned storm-water pipe that later failed (State of Ohio ex rel. River City Capital, L.P. v. Board of Clermont County Commissioners, et al., No. CA2008-12-110, Ohio App., 12th Dist.; 2009 Ohio App. LEXIS 3966). Full story on lexis.com

JOHNSTOWN, Pa. - A federal judge on Sept. 8 granted the United States' motion for delivery of possession of land in Pennsylvania under the power of eminent domain to develop a memorial in Somerset County, Pa., at the site where Flight 93 crashed on Sept. 11, 2001 (United States of America v. 275.1 Acres Of Land, More Or Less, Situated In Stonycreek Township, Somerset County, Commonwealth of Pennsylvania, et al., No. 9-233J, W.D. Pa.; 2009 U.S. Dist. LEXIS 81184). Full story on lexis.com

DENVER - In a case of first impression, a Colorado appeals court panel on Sept. 17 affirmed a lower court decision granting a pipeline company's condemnation of a pair of easements and held that although the term "pipeline company" is not defined in Colorado statutes, there is sufficient case law that defines the term, and the company condemning the easements meets those definitions and, therefore, has eminent domain power (Sinclair Transportation Company, d/b/a/ Sinclair Pipeline, a Wyoming Corporation v. Lauren Sandberg, et al., No. 08CA1249, Colo. App., Div. VI; 2009 Colo. App. LEXIS 1671). Full story on lexis.com

BOSTON - A trial judge correctly excluded an expert's valuation of land being taken by the federal government because he lacked support for his conclusion that the protected coastal property would be rezoned for residential development or that sand could be extracted and sold, a First Circuit U.S. Court of Appeals panel held Sept. 11 (United States of America v. 33.92356 Acres of land, et al., No. 08-2263, 1st Cir.; 2009 U.S. App. LEXIS 20291). Full story on lexis.com

COLUMBIA, S.C. - A South Carolina Supreme Court majority reversed and remanded a lower court decision on Sept. 21, holding that a median between two roads within an abandoned railroad right of way was not without value because under a local ordinance, the median could be used for certain properties' signage (Eddie Wayne Eldridge, et al. v. South Carolina Department of Transportation, No. 26726, S.C. Sup.; 2009 S.C. LEXIS 454). Full story on lexis.com

RICHMOND, Va. - In an unpublished opinion, a Fourth Circuit U.S. Court of Appeals panel on Aug. 28 affirmed a lower court decision that a county's adult-oriented-business ordinance did not violate a prospective business owner's free speech rights because, among other things, although the ordinance restricted the locations of such a business, it did allow for reasonable alternative avenues of communication (McDoogal's East, Incorporated, et al., v. The County Commissioners of Caroline County, et al., No. 07-1665, 4th Cir.; 2009 U.S. App. LEXIS 19373). Full story on lexis.com

KNOXVILLE, Tenn. - A Tennessee appeals panel on Aug. 27 affirmed a lower court decision that a homeowner had a right to use an alley for access to his property, noting that although the alley's surface had degraded, the alley still belonged to the municipality and was available for use by abutting property owners (Ronald Swafford v. David and Sandy Ward, No. E2008-01014-COA-0R3-CV; 2009 Tenn. App. LEXIS 575). Full story on lexis.com

SEATTLE - In an unpublished opinion, a Washington state appeals court panel on Sept. 8 affirmed a lower court decision that an existing 10-foot-wide easement gives adequate access to a property and that a wider easement claimed as being needed for emergency vehicles is not necessary to the property owners' beneficial enjoyment of the property (Gary Stevens, et al., v. David Parker, et al., No. 62343-7-1, Wash. App., Div. I; 2009 Wash. App. LEXIS 2276). Full story on lexis.com

DENVER - A 10th Circuit U.S. Court of Appeals panel on Sept. 4 affirmed a lower court finding that a railroad operator had, among other things, met its burden of proof that the condemnation of a 50-foot-wide easement was a public necessity (Burlington Northern Santa Fe Railway Company v. A 50-Foot Wide Easement Consisting of 6.99 Acres, et al., No. 09-8003, 10th Cir.; 2009 U.S. App. LEXIS 19997). Full story on lexis.com

SALT LAKE CITY - A Utah appeals court panel on Sept. 11 affirmed a lower court's granting of summary judgment to a couple whose property abuts a private road, holding that Utah recognizes easement rights in landowners whose property abuts roads referenced in a recorded plat (Oak Lane Homeowners Association v. Dennis L. Griffin and Renae Griffin, No. 20080084-CA; Utah App.; 2009 Utah App. LEXIS 268). Full story on lexis.com

RICHMOND, Va. - Virginia's high court on Sept. 18 affirmed a lower court decision that a pair of homeowners had not encroached on their neighbors' land and held that the appealing homeowners had failed to prove the encroachment and had offered no evidence to support their contention that their lake access easement was defined by certain terms that were not included in their deed or their property's chain of title (Henry Anderson, Jr., et al. v. Michael D. Delore, et al., No. 082416, Va. Sup.; 2009 V.A. LEXIS 92). Full story on lexis.com

WASHINGTON, D.C. - A trial judge did not err by refusing to allow a jury to consider punitive damages in a suit over a property dispute, a District of Columbia Court of Appeals panel held Aug. 27 (Anne S. Wood v. R. Michael Newman, Nos. 07-cv-578 & 07-CV-670, D.C. App.; 2009 D.C. App. LEXIS 366). Full story on lexis.com

MOBILE, Ala. - A judge in an Alabama federal court on Sept. 21 granted summary judgment to a gas pipeline company, holding that a couple who alleged that the company's activities damaged their property had released the company from damages when they originally sold the easement (Donald Schultz, et al. v. Southeast Supply Header, LLC, No. 09-cv-00055, S.D. Ala.; 2009 U.S. Dist. LEXIS 86240). Full story on lexis.com

DETROIT - In an unpublished opinion, a Michigan appeals panel on Sept. 15 affirmed a lower court decision and held that a cellular telecommunication tower owner does not have a vested right in the municipality's collocation ordinance because a nearby cellular telecommunication tower was permitted by the municipality under its power to approve a conditional use (DF Land Development, L.L.C., v. Ann Arbor Charter Township, et al., No. 287400, Mich. App.; 2009 Mich App. LEXIS 1889). Full story on lexis.com

INDIANAPOLIS - An Indiana appeals panel on Aug. 31 affirmed a lower court decision that even though a developer had not begun construction, it had a vested right in a development before a municipality's amendment to a zoning ordinance and, therefore, was not subject to restrictions in the amended ordinance (City of New Haven, Board of Zoning Appeals v. Flying J., Inc., No. 02A03-0902-CV-74, Ind. App.; 2009 Ind. App. LEXIS 1244). Full story on lexis.com

DENVER - In an issue of first instance, a Colorado appeals court panel on Sept. 3 held that because a municipality could not produce the map that was referenced in its zoning ordinance, the ordinance was unenforceable and the lower court decision enjoining a business from operating based on the ordinance was in error (Board of County Commissioners of Elbert County v. Kenneth G. Rohrbach, et al., No. 08CA1901, Colo. App.; 2009 Colo. App. LEXIS 1567). Full story on lexis.com

ST. PAUL, Minn. - After a municipality denied a conditional use permit to a business wanting to operate a recycling and composting facility, a Minnesota appeals panel on Sept. 1 reversed and remanded the board's denial, holding that it was arbitrary and not supported by the record (Buberl Recycling & Compost, Inc., et al., v. Chisago County Board of Commissioners, No. A08-1958, Minn. App.; 2009 Minn. App. Unpub. LEXIS 994). Full story on lexis.com

DETROIT - In an unpublished opinion, a Michigan appeals panel on Sept. 15 affirmed a lower court decision that a municipality properly denied a pair of developers' request to rezone an area to remove restrictions, holding that the trial court did not err when it treated the developers' claims as a challenge to the reasonableness of the restrictions (Eureka International, L.L.C., et al., v. City of Romulus, No. 284862, Mich. App.; 2009 Mich. App. LEXIS 1876). Full story on lexis.com

ALEXANDRIA, Va. - After a developer sued the municipality for allegedly denying the developer's application to rezone a property from residential to commercial use while allowing adjacent properties to be developed commercially, the municipality removed the case to a federal court in Virginia on Aug. 26 (Aquina Commercial, LLC, v. Board of Supervisors of Stafford County, Virginia, et al., No. 09-cv-00966. E.D. Va.). Full story on lexis.com

MORRISTOWN, N.J. - In an unpublished opinion, a New Jersey appeals court panel on Sept. 8 reversed a trial court's decision regarding the constitutionality of a local billboard zoning ordinance and held that the ordinance was unconstitutional because, among other reasons, it restricts billboards to one zoning district while excluding them from similar districts (Elray Outdoor Corporation v. Board of Adjustment of the City of Englewood, et al., No. A-4627-07T3, N.J. App.; 2009 N.J. Super. Unpub. LEXIS 2378). Full story on lexis.com

SANTA ANA, Calif. - A California appeals court panel on Sept. 21 affirmed a lower court decision, concluding that a private community's trails are not a public accommodation and therefore the placement of barriers at the entrance to the trials does not violate the American's With Disabilities Act (Evan Carolyn v. Orange Park Community Association, No. G041177, Calif. App., 4th Dist., Div. 3; 2009 Cal. App. LEXIS 1556). Full story on lexis.com

BOISE, Idaho - On remand, a federal judge has denied four groups' motion for summary judgment in a dispute over the expansion of a phosphate mine into a protected national forest in Idaho. The judge held Aug. 4 that analysis and design activities did not violate the Clean Water Act (CWA) (Greater Yellowstone Coalition, et al., v. Brent Larson, supervisor, Caribou Targhee National Forest, et al., No. 08-388, D. Idaho; 2009 U.S. Dist. LEXIS 67934; See May 2009, Page 12). Full story on lexis.com

WASHINGTON, D.C. - Three environmental activist groups on Aug. 26 asked the U.S. Supreme Court to review an appellate court ruling allowing the U.S. Army Corps of Engineers to permanently bury streams in West Virginia with waste from mountaintop removal coal mining operations without first determining the effect the burial will have on the area's ecosystem (Ohio Valley Environmental Coalition, et al. v. U.S. Army Corps of Engineers, et al., No. 09-247, U.S. Sup.). Full story on lexis.com

CHARLESTON, W.Va. - A federal West Virginia judge refused to dismiss claims that a coal company violated its effluent permits more than 6,000 times, saying Aug. 18 that state and federal mining laws did not supersede, amend or modify the Clean Water Act (Sierra Club, et al. v. Powellton Coal Co., No. 08-1363, S.D. W. Va.; 2009 U.S. Dist. LEXIS 73188). Full story on lexis.com

SANTA FE, N.M. - Evidence supports a trial court's conclusion that a couple acted willfully and wantonly in denying their neighbors access to well water, a New Mexico appeals court said, affirming a $482,000 punitive damage award against the couple, in an opinion filed June 29 and released for publication on Aug. 11 (Mike Skeen, et al., v. Bob Boyles, et al., No. 27,910, consolidated with 28,318, N.M. App.; 2009 N.M. App. LEXIS 89). Full story on lexis.com

ST. PAUL, Minn. - In an unpublished opinion, a Minnesota appeals panel on Sept. 22 affirmed a lower court's decision that an arbitrator properly denied a married couple's claim for $39,500 in damages against the sellers and real estate agents who sold them their home and allegedly failed to disclose that the property contained protected wetlands (Daniel Van Hee, et al. v. Kris Hunt, et al., No. A09-0356, Minn. App.; 2009 Minn. App. Unpub. LEXIS 1071). Full story on lexis.com

PHILADELPHIA - In a reply brief filed Aug. 17 in the Third Circuit U.S. Court of Appeals, a group of Pennsylvania residents who appealed a lower court decision that they have no standing to sue their lender under the Real Estate Settlement Procedures Act countered that the lender's alleged mortgage insurance captive reinsurance scheme was what they were challenging and not the reasonableness of the rates filed with the Pennsylvania Department of Insurance (Mary Alston, et al. v. Countrywide Financial Corp., No. 08-4334, 3rd Cir.; See 1/9/09, Page 11). Full story on lexis.com

SPOKANE, Wash. - A Washington appeals court on Aug. 20 affirmed a trial court ruling denying a fraudulent concealment claim asserted by the purchaser of a lake house that allegedly contained wood rot and mold underneath the structure, finding that the sellers of the home had no actual knowledge of the defects (Robert R. Kammarcal v. Delbert W. Owen, et al., No. 27352-1-III, Wash. App.; 2009 Wash. App. LEXIS 2101). Full story on lexis.com

LINCOLN, Neb. - A Nebraska appeals court on Sept. 15 reversed a directed verdict against the Salvation Army on its claims for damages for loss and demolition of a building it owned that was damaged by a fire that was caused by a tenant in a connected building, finding that the issue relating to those damages was one of proximate cause and should have been submitted to a jury (The Salvation Army v. James Kyle, et al., No. A-08-1190, Neb. App.; 2009 Neb. App. LEXIS 161). Full story on lexis.com

JOHNSTOWN, Pa. - A federal judge in Pennsylvania on Aug. 21 denied a married couple's partial motion for summary judgment, holding, among other things, that the municipality that the couple allege violated their rights by taking a portion of their property is immune under a state law from the claim that the municipality wrongfully used civil proceedings (Richard G. Beard, et al., v. Borough of Duncansville, No. 06-cv-00132, W.D. Pa.; 2009 U.S. Dist. LEXIS 74322). Full story on lexis.com

ST. PAUL, Minn. - In an unpublished opinion issued July 28, a Minnesota appeals panel affirmed a lower court order awarding an energy pipeline company an easement over certain property, holding that the lower court's finding that the easement was needed for a public necessity was not clearly erroneous (Enbridge Energy, et al. v. Donovan D. Dyrdal, et al., No. A08-1863, Minn. App.; 2009 Minn. App. Unp. LEXIS 827). Full story on lexis.com

SEATTLE - In a case where a homeowner claims that a municipality caused a sinkhole that allegedly resulted in $1.7 million in damage to the homeowner's property, a federal judge in Washington on Aug. 18 denied in part the municipality's motion for summary judgment, holding that the damage caused is potentially permanent in nature and could support the homeowner's takings claim (Christopher P. Widener, et al., v King County, No. 08-cv-01170, W.D. Wash.; 2009 U.S. Dist. LEXIS 73028). Full story on lexis.com

WASHINGTON, D.C. - A Federal Circuit U.S. Court of Appeals panel on July 31 affirmed a federal claims court judge's dismissal of a Louisiana fish and game commission's taking claim against the United States, holding that because the commission's property rights stemmed from its usage of navigable waters, its taking claim is barred by navigational servitude (Northwest Louisiana Fish & Game Preserve Commission v. United States, No. 2008-5039, Fed. Cir..; 2009 U.S. App. LEXIS 16911). Full story on lexis.com

CINCINNATI - The majority of a Sixth Circuit U.S. Court of Appeals panel on July 30 affirmed a lower court finding that a gas pipeline company is entitled under an easement to remove certain trees from a landowner's property (Emily Rutherford v. Columbia Gas Transmission Corporation, No. 08-3148, 6th Cir.; 2009 U.S. App. LEXIS 16819). Full story on lexis.com

JACKSON, Miss. - A Mississippi appeals panel on Aug. 18 reversed a lower court and held that a reverter clause in a right-of-way agreement between a landowner and public utility must be enforced in favor of the landowner because the language of the agreement is clear regarding the removal of inoperative power lines (James L. Lee and wife, Marsha A. Lee, v. South Mississippi Electric Power Association, No. 2008-CA-00718-COA, Miss. App.; 2009 Miss. App. LEXIS 531). Full story on lexis.com

ST. PAUL, Minn. - In an unpublished opinion, a Minnesota appeals panel on Aug. 18 affirmed a lower court opinion that farmers had interfered with their neighbors' rights to use an easement by growing crops on the servient land (Dale Michel, et al. v. James Lambrecht, et al., No. A08-2045, Minn. App.; 2009 Minn. App. Unpub. LEXIS 919). Full story on lexis.com

ATLANTIC CITY, N.J. - In an unpublished opinion, a New Jersey appeals panel on Aug. 24 affirmed, denied and remanded various parts of a challenge to a trial court's order granting injunctive relief to a property owner who wanted to enjoin his neighbors from using a private lane that they allegedly had no right to use, holding, among other things, that the trial court must identify the specific infringement that is being enjoined (Esther E. Berezofsky, et al., v. Raymond J. Haesler, No. A-5093-07T1, N.J. Super., App. Div.; 2009 N.J. Super. Unpub. LEXIS 2299). Full story on lexis.com

WILMINGTON, Del. - The Delaware Supreme Court on Aug. 10 issued a corrected opinion reversing and remanding a lower court's decision and held that the lower court erred when it reversed the decision of a municipal board based on a per se bar against a variance for a self-imposed hardship (CCS Investors, LLC, et al. v. David H. Brown, et al., No 410, 2008, Del. Sup.). Full story on lexis.com

COLUMBUS, Ga. - A federal judge in Georgia on Aug. 17 granted summary judgment to a municipality, noting that constitutional challenges brought against its outdoor recreational camps ordinance failed because the ordinance serves a legitimate governmental purpose (Georgia Outdoor Network, Inc., et al. v. Marion County, Georgia, No. 04-cv-00108, M.D. Ga.; 2009 U.S. Dist. LEXIS 72947). Full story on lexis.com

RENO, Nev. - In a federal court in Nevada on Aug. 21, a citizens group challenged a municipality's finding that a proposed development's road would serve more than just the residents of the proposed development; the group says that because of the road's use designation, the developer is allowed to increase the proposed project by 16,500 square feet (League To Save Lake Tahoe v. Tahoe Regional Planning Agency, et al., No. 09-cv-00478, D. Nev.). Full story on lexis.com

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Aug. 6 affirmed a lower court decision that a municipality satisfied certain provisions of the Telecommunications Act of 1996 when it denied a cellular phone provider's application for a special permit to construct a communications tower (Sprint Spectrum, L.P. v. Platte County, Missouri, No. 08-1965, 8th Cir.; 2009 U.S. App. LEXIS 17491). Full story on lexis.com

PORTLAND, Maine - Maine's high court on Aug. 6 vacated a lower court decision and ordered that a municipality approve an application to build a telecommunications tower, holding that a municipality's planning board had erroneously defined a certain term in a manner inconsistent with other provisions of the municipality's ordinance regarding the impact of the proposed telecommunications tower on a scenic view (Loraine Davis, et al. v. SBA Towers II, LLC, f/k/a/ National Grid Communications, Inc., No. Wal-09-43, Maine Sup.; 2009 Me. LEXIS 85). Full story on lexis.com

SCRANTON, Pa. - A federal magistrate judge on Aug. 25 approved a stipulation between a municipality and a developer under which the municipality agreed to pay the developer $6 million to settle years of disputes regarding sewage connections and other issues over a proposed 1,500-unit development (David H. Katz, et al. v. Township of Westfall, et al., No. 03-cv-02377, M.D. Pa.). Full story on lexis.com

LAS VEGAS - In a Nevada federal court on Aug. 26, the Union Pacific Railroad Co. sued a Nevada business that it alleges violated the railroad's right of way by constructing a fence and operating a storage yard (Union Pacific Railroad Company v. Guard Dog Heaven LLC, No. 09-cv-01622, D. Nev.). Full story on lexis.com

TALLAHASSEE, Fla. - A Florida appeals panel on Aug. 19 reversed an administrative court's opinion and held that a state law does not authorize the promulgation of a regulation regarding billboard heights (Lamar Outdoor Advertising ? Lakeland v. Florida Department of Transportation, No. 1D08-5369, Fla. App., 1st. Dist.; 2009 Fla. App. LEXIS 11592). Full story on lexis.com

ATLANTA - In holding that under Alabama law certain property rights are transferred with the land, an 11th Circuit U.S. Court of Appeals panel on Aug. 12 reversed a lower court and vacated the lower court's findings of fact and held that the right to change a private road to a public road was conveyed to the developer when it purchased its land (Robert Callahan, et al. v. Point Clear Holdings, Inc., No. 08-14634, 11th Cir.; 2009 U.S. App. LEXIS 17949; See July 2008). Full story on lexis.com

FRANKFORT, Ky. - A Kentucky appeals panel on Aug. 21 affirmed a lower court decision allowing a couple access to their property via a roadway that separates their land from another property, holding that the lower court had not erred by allowing certain evidence (Tommy S. Mattingly, et al., v. William Darrell Essex, et al., Nos. 2008-CA-000441-MR and 2008-CA-000811-MR, Ky. App.; 2009 Ky. App. Unpub. LEXIS 701). Full story on lexis.com

SAN JOSE, Calif. - In an unpublished opinion, a California appeals panel on Aug. 18 reversed a lower court's award of damages to a pair of landowners, holding that because the landowners had not offered any evidence regarding their alleged loss of use and enjoyment of their property after another landowner had performed certain road grading work, there was no evidence in the record on which to award damages (Rebecca Pestarino v. Chris L. Carneghi, et al., No. H032642, 6th Dist., Calif. App.; 2009 Cal. App. Unpub. LEXIS 6684). Full story on lexis.com

SPRINGFIELD, Ohio - A couple that turned down a remitted punitive damages award against a billboard company cannot use that reduced amount as a basis for its argument that a jury's subsequent punitive award was too low, an Ohio appeals court ruled Aug. 7 (John Blust, et al., v. Lamar Advertising of Mobile, Inc., et al., No. 22917, Ohio App., 2nd Dist., Montgomery Co.; 2009 Ohio App. LEXIS 3370). Full story on lexis.com

LOS ANGELES- Full story on lexis.com

ATLANTA - In an unpublished opinion, an 11th Circuit U.S. Court of Appeals panel on Aug 21 affirmed a lower court decision that a Hispanic homeowner had not proven that a municipality's enforcement of certain zoning ordinances against her were racially motivated (Ayda Bonasera v. City of Norcross, No. 09-11514, 11th Cir.; 2009 U.S. App. LEXIS 18854). Full story on lexis.com

NEW YORK - The Second Circuit U.S. Court of Appeals affirmed the dismissal of homeowners' claims of lead contamination against a gun club on July 31, holding, among other things, that the homeowners failed to show that the gun club was discharging the lead shot into navigable waters under the Clean Water Act (Dean M. Cordiano, et al. v. Metacon Gun Club Inc., et al., No. 07-0795, 2nd Cir.; 2009 U.S. App. LEXIS 16980). Full story on lexis.com

SAN FRANCISCO - The pilot who helmed the container ship that crashed into the San Francisco Bay Bridge in November 2007, causing 53,000 of gallons of heavy fuel oil to be spilled into the bay, was sentenced to 10 months in prison on July 24 (United States of America v. John Joseph Cota, No. CR-08-00160-001 SI, N.D. Calif.). Full story on lexis.com

DENVER - A 10th Circuit U.S. Court of Appeals panel on Aug. 24 affirmed a pair of lower court decisions and held, among other things, that the federal government is immune from litigation in a case over water rights brought by less than all of the users of the water at issue (Wagoner County Rural Water District No. 2, et al. v. Grand River Dam Authority, et al., No. 08-5120, 10th Cir.; 2009 U.S. App. LEXIS 18988). Full story on lexis.com

MINNEAPOLIS - The assignment of a promissory note does not need to be recorded before a mortgagee such as Mortgage Electronic Registration System Inc. (MERS) can initiate a foreclosure by advertisement under Minnesota statutes, the state's high court ruled Aug. 12 (Jewelean Jackson, et al. v. Mortgage Electronic Registration Systems Inc., et al., No. A08-397, Minn. Sup.). Full story on lexis.com

WASHINGTON, D.C. - Louisiana insureds filed a petition for a writ of certiorari in the U.S. Supreme Court on July 21, seeking review of a March 11 opinion by the Fifth Circuit U.S. Court of Appeals vacating a portion of a jury's verdict awarding the insureds bad faith damages stemming from Hurricane Katrina (Judy Kodrin, et vir v. State Farm Fire and Casualty Co., No. 09-123, U.S. Sup.; See March 2009). Full story on lexis.com

AKRON, Ohio - An Ohio appeals court on June 10 affirmed a trial court's findings that previous homeowners were not aware of any water intrusion problems and were not attempting to conceal the problems from the new homeowners (David Gindlesperger, et al. v. Charles Starcher, et al., No. 24421, Ohio App., 9th Dist.; 2009 Ohio App. LEXIS 2270). Full story on lexis.com

AUSTIN, Texas - A Texas appeals court on July 21 affirmed a trial court's ruling in favor of and awarding damages to homeowners who alleged breach of warranty and other claims against a contractor they hired to construct their house, finding that the evidence was legally and factually sufficient to support their claims (Bernard John Horak v. Warren Newman, et al., No. 03-05-00170, Texas App., 3rd Dist.; 2009 Tex. App. LEXIS 5629). Full story on lexis.com

LEXINGTON, Ky. - A proposed $28.75 million settlement agreement involving claims that several energy companies defrauded property owners out of royalties on oil and natural gas leases was granted preliminary approval by a Kentucky federal judge on Aug. 5 (John Thacker, et al. v. Chesapeake Apalachia LLC, et al., No. 7:07-cv-26, E.D. Ky.; 2009 U.S. Dist. LEXIS 71485). Full story on lexis.com

CHICAGO - An Illinois town is immune from a building owner's claim that the town's rules regarding its water supply violated federal and state antitrust laws, the Seventh Circuit U.S. Court of Appeals affirmed Aug. 14 (John Justice, et al. v. Town of Cicero, et al., No. 07-3990, 7th Cir.; 2009 U.S. App. LEXIS 18235). Full story on lexis.com

LOS ANGELES - A property and earthquake insurer satisfied its initial burden of establishing that it did not breach an insurance policy in 1994, and the insureds failed to create a triable issue of material fact on the breach of contract claim, a California appeals panel held July 27, affirming a trial court's grant of summary judgment in favor of the insurer on breach of contract and bad faith claims stemming from damage caused by the Northridge Earthquake (Pat Weir, et al. v. Travelers Casualty and Surety Co., No. B198611, Calif. App., 2nd Dist., Div. 8; 2009 Cal. App. Unpub. LEXIS 6067). Full story on lexis.com

TOPEKA, Kan. - A Kansas appeals court on May 29 affirmed a trial court's decision to grant rescission to home buyers based on the sellers' acts of fraud (Prasanth Duvvur and Lakshmi Duvvur v. David Freeman and Kathleen Freeman, No. 99,332, Kan. App.; 2009 Kan. App. Unpub. LEXIS 231). Full story on lexis.com