Justia Drugs & Biotech Opinion Summaries

Articles Posted in Real Estate & Property Law
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The First Circuit affirmed the judgment of the district court dismissing a relator's qui tam action brought under the False Claims Act (FCA), 31 U.S.C. 3729 through 3733, holding that the district court did not err in dismissing the action.At issue before the First Circuit was the function of the hearing provided by statute when the government files a motion to dismiss a relator's FCA qui tam action over the relator's objections. The Court held (1) the government must provide its reasons for seeking dismissal such that the relator can attempt to convince the government to withdraw its motion at the hearing; (2) if the government does not agree to withdraw its motion, the district court should grant the motion unless the relator can show that, in seeking dismissal, the government is transgressing constitutional limitations or perpetrating a fraud on the court; and (3) the district court properly granted the government's motion to dismiss this case. View "Borzilleri v. Bayer AG" on Justia Law

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Granny Purps grows and provides medical marijuana to its 20,000 members, in compliance with state laws governing the production and distribution of marijuana for medical purposes. Santa Cruz County’s ordinance prohibits any medical cannabis operation from cultivating more than 99 plants; Granny’s dispensary was growing thousands of marijuana plants. The sheriff’s office went to the dispensary in June 2015, seized about 1,800 plants, and issued a notice of ordinance violation. Several months later, officers again went to the dispensary and took about 400 more marijuana plants. Granny sued, alleging conversion, trespass, and inverse condemnation and sought an order requiring the county to return the seized cannabis plants, The trial court dismissed.The court of appeal reversed. A government entity does not have to return seized property if the property itself is illegal but the Santa Cruz ordinance ultimately regulates land use within the county; it does not (nor could it) render illegal a substance that is legal under state law. View "Granny Purps, Inc. v. County of Santa Cruz" on Justia Law

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In 2010, the City of Eastport learned that Husson University would no longer lease seventeen acres of publicly owned oceanfront property after the 2011-12 school year. In 2011, the City Council voted to accept an offer by First Perry Realty, LLC and CPM Constructors to purchase the property for $300,000. Phyllis Bradbury and David Gholson brought this action seeking declaratory and equitable relief that would prevent the sale of the City property, arguing that the sale of the property was not “advertised” within the meaning of the Eastport City Charter then in effect. The superior court denied relief. The Supreme Judicial Court affirmed, holding that the City Council took adequate measures to publicly advertise the sale of the property. View "Bradbury v. City of Eastport" on Justia Law