Federal Real Property and Business Litigation Report
Volume VI, Issue 21
May 27, 2023
Dupree v. Younger, Case No. 22–210 (2023).
A post-trial motion under Federal Rule of Civil Procedure 50 is not required to preserve for appellate review a purely legal issue resolved at summary judgment.
Sackett v. Environmental Protection Agency, Case No. 21–454 (2023).
The Clean Water Act extends only to wetlands that have a continuous surface connection with “waters of the United States” such that that is difficult to determine where the “water” ends and the wetlands begins.
Tyler v. Hennepin County, Case No. 22–166 (2023).
Government may seize and sell private property to pay taxes, but may not keep any of the proceeds of the sale over monies due the government and doing so violates the Takings Clause.
Calcutt v. Federal Deposit Insurance Corporation, Case No. 22-714 (2023).
An administrative agency such as the FDIC is bound by the record, including errors, it creates and a court reviewing the agency decision may not conduct its own review of the agency to see if substantial evidence supports the agency decision notwithstanding the agency’s error.