Property Law Decisions: Decided
Decided - The FindLaw Noteworthy Decisions and Settlements Blog

Recently in Property Law Category

New York, Occupy Wall Street Settle Books Lawsuit for $232k

NYC librarians can quietly rejoice as Occupy Wall Street's "People's Library" settled a federal lawsuit with the city over the destruction of 2,800 books during a police raid on Zuccotti Park in late 2011.

The $232,000 Occupy settlement has raised a few eyebrows because of where the bulk of the money is going.

Floating Home Was Not a Boat, Supreme Court Rules

Don't call it a "houseboat." The U.S. Supreme Court ruled this week that a Florida man's floating home was not a vessel. For the record, a houseboat has means of propulsion, and Fane Lozman's home did not.

Because of that distinction, the "floating home" should not have been seized by the City of Riviera Beach under federal maritime law, the Court held.

But why would a city try to seize a man's houseboat -- er, floating residence -- in the first place? And then argue it all the way up to the Supreme Court? Well, the home's owner was a bit of a pain in the neck, NPR reports.

Foreclosure Settlement to Cost 10 Banks $8.5B

There's good news for past and present homeowners, as a group of 10 banks have reached a settlement over claims of foreclosure abuse.

The deal makes changes to an enforcement action by the Federal Reserve and the Office of the Comptroller of Currency. The original action required banks to hire independent consultants to investigate foreclosure abuse and make victims whole.

But that process proved both inefficient and ineffective. Now the parties have reached a separate agreement that will hopefully benefit foreclosure victims.

Digital Data on Cell Phones Don't Get Privacy Protections: Court

Be careful what you keep on your cell phone, because digital data will not be given privacy protection under the Stored Communications Act (SCA), according to a federal court.

The SCA prohibits unauthorized access to digital information stored in temporary and back-up storage, but the law doesn't specify what kind of storage is protected from unsanctioned investigation.

That question has been cleared up by the 5th U.S. Circuit Court of Appeals, but the ruling is not necessarily consumer-friendly.

Supreme Court's Dam Decision May Open the Floodgates to Lawsuits

The Supreme Court has found that the federal government may have to compensate property owners who suffer flood damage caused by the government. This dam decision may open the floodgates to litigation.

In an 8-0 decision, the Supreme Court found that intentional flooding caused by the Army Corps of Engineers in Missouri may be considered government taking of the property. This would be no different than a government occupation or invasion of property, the court ruled.

As a result, the government may have to compensate the property owners.

Animals Not Just Property, Also Crime Victims: OR Court

Animal lovers in Oregon can celebrate since a state court of appeals ruled that animals are more than just property. They can also be considered the victim of a crime, according to Wednesday's ruling.

The ruling arose from a particularly heinous case of animal abuse by Arnold Weldon Nix. Officers investigated his farm in 2010 and found many emaciated horses and goats along with several dead animals.

The case is making headlines not because Nix was found guilty of animal abuse but because the ruling marks a change in how the law treats animals.

No NYC eviction for tenant Margaret Maugenest.

Maugenest has lived at the Gowanus loft at 280 Nevins Street in Brooklyn since 1984. She hasn't paid rent since 2003.

Despite living rent free for almost a decade, New York's highest court ruled that the building owner Chazon LLC could not evict Maugenest. So how did Maugenest manage to live rent free in one of the New York's high rent districts?

MD Appeals Court Rules Pit Bulls 'Inherently Dangerous'

A Maryland appeals court has declared pit bulls "inherently dangerous," MSNBC reports.

The new ruling imposes strict liability onto Maryland owners whose pit bulls attack people. The decision makes it easier for victims to sue and recover against pit bull owners. The original case started when a 4-year-old Prince George's County boy was viciously mauled by a pit bull. The court's opinion applies to both pure and cross-bred pit bulls.

Though the decision only affects Maryland, the court's ruling could signal the beginning of possible statewide legislation against the animal.

NYC Rent Control Law Won't Go to US Supreme Court

The Supreme Court on Monday refused to hear a challenge to New York City's rent control law. In doing so, the Second Circuit's 2011 decision to dismiss the case has been affirmed.

That suit was brought by James and Jeanne Harmon, owners of an apartment building that is partially subjected to the city's rent stabilization measures. They claim the NYC rent control law unconstitutionally deprives them of their property without just compensation.

They are legally required to rent the apartments at a rate 59% below market value.

GA Supreme Court Rules Against Breakaway Congregation

The Georgia Supreme Court has ruled against a breakaway congregation of the Episcopal Church, Christ Church, deciding that the local church's property is legally owned by the national organization.

Christ Church was founded in 1733. The church co-founded the Episcopal Diocese of Georgia and joined the Episcopal Church in 1823. In 2007, the Episcopal Church affirmed its first openly gay bishop in New Hampshire. After this move, the congregation voted to sever its ties to the national organization. They became affiliated with an Anglican diocese in Uganda.

But, Christ Church refused to give up the buildings and property where their church was located.