Recently in Property Law Category

In a class action lawsuit by the neighbors of a steel mill owned by United States Steel Corporation, district court's approval of a settlement is affirmed for the most part where: 1) the district court did not abuse its discretion in approving the release of the continuing-nuisance claims as the release is not far-reaching and it is not unfair, unreasonable or inadequate; 2) class-member awards of $300 is not unconscionably low as this objection is based on the misconception that the agreement releases all future tort claims; and 3) district court's approval of the attorney's fees award is vacated and remanded for further explanation. Finally, district court did not err by corralling the extent of an attorney's involvement in the case and the rest of his objections are rejected.     

Read Moulton v. US Steel Corp., No. 08-2311

Appellate Information

Argued: August 4, 2009

Decided and Filed: September 21, 2009

Judges

Opinion by Judge Sutton 

Counsel

For Appellant:  James P. Murphy, Berry Moorman PC

For Appellee:  J. Van Carson, Squire, Sanders & Dempsey LLP.

In an action alleging racial discrimination in the sale of real property, summary judgment for defendants is reversed where a prima facie case of housing discrimination is established whenever the actions taken by the property owner lead one to reasonably infer, if such actions remain unexplained, that it is more likely than not that such actions were based on discriminatory criterion such as race.

Read Lindsay v. Yates, No. 08-3633

Appellate Information

Argued: June 18, 2009

Decided and Filed: August 21, 2009

Judges

Opinion by Judge Keith

Counsel

For Appellants:

Edward L. Gilbert, Law Offices, Akron, OH

For Appellees:

Maura L. Hughes, Calfee, Halter & Griswold LLP, Cleveland, OH

In two actions by, respectively, a city housing commission and a school district seeking to enjoin plaintiff's construction of a halfway house, plaintiff's appeal with respect to the school district's action is dismissed where the district court's determination regarding its own jurisdiction was non-reviewable. Dismissal of the housing commission action on abstention grounds is reversed where a federal court need not abstain from deciding a case involving the interpretation of a local land use ordinance.

Read Saginaw Hous. Comm'n v. Bannum, Inc., No. 08-2068

Appellate Information

Argued: April 23, 2009

Decided and Filed: August 17, 2009

Judges

Opinion by Judge McKeague

Counsel

For Appellant:

Russell C. Babcock, The Mastromarco Firm, Saginaw, MI

For Appellees:

Robert A. Jarema, Smith Bovill, P.C., Saginaw, MI

R. Drummond Black, Currie Kendall, PLC, Midland, MI

In an action challenging a gas company's ability to maintain its pipeline easement by clearing certain trees from plaintiff's land, judgment for defendant is affirmed where a cleared right of way was reasonably necessary to serve the purpose of the easement.

Read Rutherford v. Columbia Gas, No. 08-3148

Appellate Information

Argued: June 17, 2009

Decided and Filed: July 30, 2009

Judges

Opinion by Judge Rogers

Partial Concurrence and Partial Dissent by Judge Clay

Counsel

For Appellant:

Steven T. Greene, Morrow, Gordon & Byrd, Ltd., Newark, OH

For Appellee:

John P. Lavelle, Lavelle & Associates, Athens, OH

In a First Amendment challenge to a city's adult business zoning ordinances, the District Court's order granting partial summary judgment to both parties is affirmed in part, where the ordinances were content-neutral and facially constitutional; but reversed in part, where, once the ordinances were declared unconstitutional as applied to Plaintiff, Plaintiff became entitled to use its property for any lawful purpose.

Read H.D.V.-Greektown, LLC v. Detroit, No. 08-1329.

ARGUED: Bradley J. Shafer, SHAFER & ASSOCIATES, P.C., Lansing, Michigan, for Appellants. Jeffrey S. Jones, CITY OF DETROIT LAW DEPARTMENT, Detroit, Michigan, for Appellee.

ON BRIEF: Bradley J. Shafer, Andrea E. Pritzlaff, SHAFER & ASSOCIATES, P.C., Lansing, Michigan, for Appellants. Jeffrey S. Jones, CITY OF DETROIT LAW DEPARTMENT, Detroit, Michigan, for Appellee.

OPINION AUTHORED BY RONALD LEE GILMAN, Circuit Judge.