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- Adverse Possession -
A showing of timely payment of taxes is a precondition to their adverse possession defense. A lump sum payment of several years' worth of delinquent property taxes did not constitute "timely" payment of taxes for purposes of Code of Civil Procedure Sec. 325(b).
McLear-Gary v. Scott - filed July 11, 2018, First District, Div. Three
Cite as 2018 S.O.S. 3457
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- Foreclosures -
Pursuant to the Housing and Economic Recovery Act, the Federal Housing Finance Agency succeeded to Fannie Mae and Freddie Mac's securitized mortgage loans, which were held in trust, upon inception of conservatorship. The foreclosure bar contained in 12 U.S.C. Sec. 4617(j)(3) preempts Nevada Revised Statute Sec. 116.3116, which provides that foreclosure on an HOA super priority lien quashes all other property liens, to the extent that an HOA's foreclosure of its superpriority lien cannot extinguish a property interest of Fannie Mae or Freddie Mac while under FHFA conservatorship.
Federal Home Loan Mortgage Corp. v. SFR Investments Pool 1 - filed June 25, 2018
Cite as 2018 S.O.S. 16-15962
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- HP Act -
The disbursement of loans for two liquid natural gas projects near the Great Barrier Reef did not moot a challenge to the bank's authorization of funding for the projects, however environmental groups lacked standing to challenge the authorization of funding where the plaintiff could not show that the bank's performance of additional procedures required by the Endangered Species Act and the National Historic Preservation Act would redress the alleged environmental injury caused by the project.
Center for Biological Diversity v. Export-Import Bank of the United States - filed June 28, 2018
Cite as 2018 S.O.S. 16-15946
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- Water Rights -
A trial court erred in failing to defer to a state agency's determination that a federal program to obtain water flow and storage rights from willing sellers would avoid conflict and injury to other existing water rights. There is no principle in California law that recognizes "storage rights" in a reservoir, outside of the reservoir owner. Walker Lake is part of the Walker River Basin.
Nevada State Engineer v. U.S. Board of Water Commissioners - filed June 22, 2018
Cite as 2018 S.O.S. 15-16316
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When a court is asked to resolve an interstate water dispute raising questions beyond the interpretation of specific language of an interstate compact, the doctrine of equitable apportionment applies. Unless and until a special master makes the findings of fact necessary to determine the nature and scope of likely harm caused by the absence of water and the amount of additional water necessary to ameliorate that harm significantly, a complaining state should not have to prove with specificity the details of an eventually workable decree by "clear and convincing" evidence.
Florida v. Georgia - filed June 27, 2018
Cite as 2018 S.O.S. 142 orig
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