June 19, 2017
Monday’s Adjudication Roundup
- A Florida Appeals Court threw out a 30 million verdict against a small Florida town. Initially, a property owner won the case based upon the town’s “taking” of their property; however, the Florida appellate court found an error in the trial’s definition of taking. As a result, the Court ordered a new trial which will consider the issue of a “partial taking.”
- Sunoco Inc. is experiencing trouble with their planned “Mariner East 2 pipeline project.” The corporation recently sought to use eminent domain to garnish the needed land in order for them to proceed with their planned project; however, the trail court determined the company lacked authority to use eminent domain for land seizures.
- Two U.S. citizens are unhappy with a U.S. Tax Court’s ruling regarding their charitable donation. The pair claimed a total of $11 million in deductions in the 2004 tax year based upon their charitable donation which partly stemmed from an easement of one of the owner’s “historic warehouse in Manhattan. The Court finds the easement was recorded later than the year claimed on their tax returns; therefore, it was not an easement in the 2004 tax year.