News & Analysis as of

Property Improvements Appeals

Schwabe, Williamson & Wyatt PC

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more

Schwabe, Williamson & Wyatt PC

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Finds Motivation to Combine References Absent Obvious Improvement

On March 13, in Intel Corp. v. PACT XPP Schweiz AG, the Federal Circuit concluded that the “known techniques” rationale may support a motivation to combine two references so long as the combination is a “suitable option” to...more

Perkins Coie

Fifth Appellate District Agrees that Special Taxes Enacted by Initiative Do Not Require Two-Thirds Supermajority Vote.

Perkins Coie on

Another court of appeal has held that local special taxes adopted by a citizen-sponsored initiative do not require two-thirds voter approval. City of Fresno v. Fresno Building Healthy Communities, No. F080264. (5th Dist.,...more

Nossaman LLP

“Public Improvement” Narrowly Defined to Limit Inverse Condemnation Liability

Nossaman LLP on

Since the California Supreme Court’s 2019 Oroville decision, which narrowed inverse condemnation liability for public agencies, several court decisions have followed suit. ...more

White and Williams LLP

Tennessee Looks to Define Improvements to Real Property

White and Williams LLP on

For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other...more

Nossaman LLP

Court Provides Further Clarification on Inverse Condemnation Liability

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We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more

Hinshaw & Culbertson LLP

Property Owners Are Entitled To Fee Award Arising From Invalid Claims Made By Homeowners Association

In Grossman v. Park Fort Washington Association, 2013 DAR 747 (2013), the California Court of Appeal for the Fifth Appellate District decided an interesting fee case arising out of a dispute between property owners and a...more

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