United States Court of Appeals, Fifth Circuit, No. 09-60085, August 10, 2010: Decides several issue about the deductibility and appraisal of a façade easement’s affect on the value of a building owned in common with the building being protected, vacating the Tax Court’s 2008 decision and remanding for further proceedings.
Taxpayer Whitehouse (“W”) owned the contiguous Maison [...]
MA Supreme Judicial Court, SJC-10559, August 2, 2010: Holds that the public’s interest in tidelands (public trust doctrine) may not be extinguished either by registration of title under the state’s Torrens system or by acts of the Attorney General absent an express delegation of power by the legislature, which has not occurred. Arno has a certificate [...]
Superior Court of New Jersey, Appellate Division, No. A-5380-06T1, July 30, 2010: Held that an allegation of intentional nuisance is not sufficient to remove a private nuisance claim from the purview of the NJ Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4. Farmer Raub’s residential neighbors brought a nuisance action in Superior Court against Raub [...]