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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/relwprpty0262 and id is 1 raw text is: PROPERTY DIVISION 1. INTRODUCTION CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS § 9. Estate Wis.2021. Cit. in sup. Owner of property on which it operated a gas station and convenience store sued state department of transportation, alleging that the department decreased the value of its property by changing the grade of a nearby road so that the gas station and convenience store could no longer be conveniently accessed from a nearby highway, and that it was entitled to compensation for the resulting diminution in the value of its property under a state statute. After a bench trial, the trial court awarded owner damages. The court of appeals reversed. This court affirmed, holding that owner's diminished property value was not a structural or physical injury to lands, as required for owner to be able to recover under the statute. The court cited Restatement of Property § 9, which discussed estates in lands, in reasoning that the term lands constituted something narrower than property. United America, LLC v. Wisconsin Department of Transportation, 959 N.W.2d 317, 321. DIVISION 3. FUTURE INTERESTS PART 4. SPECIAL TOPICS CHAPTER 25. POWERS OF APPOINTMENT TOPIC 1. DEFINITIONS § 320. Definitions-General Power, Special Power Mass.2021. Cit. in case cit. in sup. Settlor of irrevocable trust, and daughter of settlor upon settlor's death, appealed the decision of the state Medicaid board, alleging that the board erred in determining that settlor's home held in trust constituted a countable asset for determining Medicaid eligibility for long-term care benefits. The trial court granted plaintiff's motion for judgment on the pleadings. This court affirmed and remanded, holding, inter alia, that settlor's limited power of appointment did not render the home countable for determining Medicaid eligibility, because settlor's limited power of appointment under the trust terms did not permit her to appoint portions of the home's equity to nursing facility as payment for long-term nursing services. Citing Restatement of Property § 320, the court pointed out that settlor did not expressly name herself or persons acting for her benefit as permissible appointees. Fournier v. Secretary of Executive Office of Health and Human Services, 170 N.E.3d 1159, 1169. COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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