At the end of June, in Hill RHF Housing Partners, L.P. v. City of Los Angeles, the Court of Appeal upheld the trial court’s denial of a challenge to the City of Los Angeles’s June 2017 establishment of the Downtown Center...more
On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more
In the second half of this year the Massachusetts Appeals Court decided three cases in which a party claimed adverse possession or prescriptive rights in real estate. In each case the focus was on one particular element of...more
The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more
The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more
In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more
What Real Estate Do You Own? Normally, property owners know what land they own. They have a deed with a legal description and a survey which clearly shows their property line....more
On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to...more
The Appeals Court’s recent decision in Maslow v. O’Connor at first glance appears straightforward. The holding reiterates a familiar tenet of Chapter 91 licensing – that a Chapter 91 license doesn’t affect pre-existing...more
The Michigan Court of Appeals addressed in a January 16th opinion an action in which the Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a...more
The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017, the Supreme Court of the United States decided a case that involved the merger of two parcels of property...more
In an important decision for owners of waterfront property, a divided Appeals Court panel has ruled in a case of first impression that where registered land expands by accretion, the owner need not return to court to...more
Nestled in the center of the Florida Keys lies the City of Marathon; a tropical paradise splitting the Atlantic Ocean and Gulf of Mexico. Recently, Florida’s Third DCA hatched the case of Beyer v. City of Marathon. On...more