Horace Greely Nethery v. Richard O. Culver, Custodian, Florida State Prison, 259 F.2d 41 (5th Cir. 1958). · Go Syfert
Search
Horace Greely Nethery v. Richard O. Culver, Custodian, Florida State Prison, 259 F.2d 41 (5th Cir. 1958). Cases Citing This Book View Copy Cite
104 citation events (26 in the last 25 years) across 32 distinct courts.
Strongest positive: Transcontinental Gas Pipe Line Company, LLC v. PERMANENT EASEMENTS FOR (pamd, 2023-05-30)
Treatment trajectory · 1958 → 2026 · click a year to view as-of
1958 1992 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (rule) Transcontinental Gas Pipe Line Company, LLC v. PERMANENT EASEMENTS FOR
M.D. Penn. · 2023 · confidence medium
Comm’n, 236 A.2d 112, 116 (Pa. 1967))); Olson v. United States, 292 U.S. 246, 257 (1934) (“Elements affecting value that depend on events or combinations of occurrences which, while within the realm of possibility, are not fairly shown to be reasonably probable, should be excluded from consideration . . . .”). 94 25.02 Acres of Land, 860 F. Supp. 2d at 177 (citing United States v. 1,291.83 Acres of Land, 411 F.2d 1081 , 1084 (6th Cir. 1969)). 95 Id. (quoting United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958)); accord Foster v. United States, 2 Cl.
cited Cited as authority (rule) Chapman Glen Ltd. v. Commissioner
unknown court · 2013 · confidence medium
See Mitchell v. United States, 267 U.S. 341, 344-345 (1925); United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958); Stanley Works & Subs. v. Commissioner, 87 T.C. 389, 400 (1986).
cited Cited as authority (rule) Chapman Glen Limited v. Commissioner
Tax Ct. · 2013 · confidence medium
See Mitchell v. United States, 267 U.S. 341, 344-345 (1925); United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958); Stanley Works & Subs. v. Commissioner, 87 T.C. 389, 400 (1986).
discussed Cited as authority (rule) United States v. 25.202 Acres of Land & Building
N.D.N.Y. · 2010 · confidence medium
United States v. 1,291.83 Acres of Land, 411 F.2d 1081 , 1084 (6th Cir.1969) (citing inter alia United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.1958), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958)).
discussed Cited as authority (rule) United States v. 480.00 Acres of Land (2×) also: Cited "see"
11th Cir. · 2009 · confidence medium
Id. (quoting United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958)).
discussed Cited as authority (rule) Department of Transportation v. Haggerty Corridor Partners Ltd. Partnership (2×)
Mich. · 2005 · confidence medium
The law accepts that a reasonable possibility that the zoning classification will be changed "`should be considered in arriving at the proper value.'" Eilender, supra at 699 , 108 N.W.2d 755 , quoting United States v. Meadow Brook Club, 259 F.2d 41, 45 (C.A.2, 1958).
discussed Cited as authority (rule) Washington Metropolitan Area Transit Authority v. United States
Fed. Cl. · 2002 · confidence medium
Stanley Works v. Comm’r, 87 T.C. 389, 400 , 1986 WL 22172 (1986); see also Olson, 292 U.S. at 255 , 54 S.Ct. 704 ; United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.1958), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958). 19 Based upon the facts cited by Ms. Mitten, summarized above, as well as its visit to the site, the court concludes that the use of the corridor as a hiker/biker trail was such a reasonable probability, thereby corresponding to the highest and best use of the property prior to the taking.
cited Cited as authority (rule) Michael T. Caracci and Cindy W. Caracci v. Commissioner
Tax Ct. · 2002 · confidence medium
United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958); Stanley Works v. Commissioner, supra at 400.
cited Cited as authority (rule) Caracci v. Comm'r
unknown court · 2002 · confidence medium
United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958); Stanley Works v. Commissioner, supra at 400.
discussed Cited as authority (rule) City National Bank v. United States
Fed. Cl. · 1995 · confidence medium
United States v. 320.0 Acres of Land, More or Less, 605 F.2d 762, 818 (5th Cir.1979) (holding that just compensation must be determined in light of regulatory restrictions in place at time of taking); United States v. Eden Memorial Park Ass’n, 350 F.2d 933, 936 (9th Cir.1965) (ruling that “land taken must be valued as it exists at the time of taking and subject to the then applicable zoning regulations____”); United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.) (“Thus, if existing zoning restrictions preclude a more profitable use, ordinarily such use should not be considered …
discussed Cited as authority (rule) Frazee v. Commissioner (2×)
Tax Ct. · 1992 · confidence medium
However, in Meadow Brook Club, the court stated that, “if existing zoning restrictions preclude a more profitable use, ordinarily such use should not be considered in the evaluation.” Id. at 45 (emphasis added).
discussed Cited as authority (rule) United States v. 27.93 Acres Of Land, More Or Less, Cumberland County, Pa. Tract No. 364-07
3rd Cir. · 1991 · confidence medium
They assert that discovery would have revealed that the government's opposition to their rezoning request was improper under United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.) ("if government's sole motive in resisting the change in zoning was to depress the market value of the property which it intended to condemn, the court's estimate of the probability of rezoning ... should not have reflected this opposition"), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958).
discussed Cited as authority (rule) United States v. 27.93 Acres of Land, More or Less, Situate in Cumberland County
3rd Cir. · 1991 · confidence medium
They assert that discovery would have revealed that the government’s opposition to their rezoning request was improper under United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.) (“if government’s sole motive in resisting the change in zoning was to depress the market value of the property which it intended to condemn, the court’s estimate of the probability of rezoning ... should not have reflected this opposition”), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958).
cited Cited as authority (rule) 885 Inv. Co. v. Commissioner
Tax Ct. · 1990 · confidence medium
United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958).
discussed Cited as authority (rule) United States v. 1735 N. Lynn St., Situated in Rosslyn, Va.
E.D. Va. · 1987 · confidence medium
Id. at 255-56 , 54 S.Ct. at 708-709 (citations omitted); United States v. 2.33 Acres of Land, 704 F.2d 728 (4th Cir.1983) (highest and best use is integral part of severance damages case); see also United States v. 320 Acres of Land, 605 F.2d 762 (5th Cir1979); United States v. Meadow Brook Club, 259 F.2d 41, 45 (2nd Cir.), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958); cf. United States v. Bedford Associates, 548 F.Supp. 732 (S.D.N.Y.1982), aff'd in part and modified in part, 713 F.2d 895 (2nd Cir.1983); United States v. Improved Premises, 359 F.Supp. 528 (S.D.N.Y.1973).
cited Cited as authority (rule) Stanley Works v. Commissioner
Tax Ct. · 1986 · confidence medium
United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958).
discussed Cited as authority (rule) Roach v. Newton Redevelopment Authority
Mass. App. Ct. · 1979 · confidence medium
Fletcher Co. v. Commonwealth, 350 Mass. 316, 323-324 (1966); United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.), cert, denied, 358 U.S. 921 (1958) (“It would be improper to value the property as if it were actually being used for the more valuable purpose”).
discussed Cited as authority (rule) Investors Funding Corporation of New York v. Bloor
2d Cir. · 1979 · confidence medium
In this circuit, the applicable law was stated in United States v. Meadow Brook Club, 259 F.2d 41, 44-45 (2d Cir.), Cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958): 7 Just compensation compatible with the requirements of the Fifth Amendment is the fair market value of the condemned property just prior to the taking. . . .
discussed Cited as authority (rule) Union Bank v. Bloor
2d Cir. · 1979 · confidence medium
In this circuit, the applicable law was stated in United States v. Meadow Brook Club, 259 F.2d 41, 44-45 (2d Cir.), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958): Just compensation compatible with the requirements of the Fifth Amendment is the fair market value of the condemned property just prior to the taking. .
discussed Cited as authority (rule) Washington Metropolitan Area Transit Authority v. One Parcel of Land
D. Maryland · 1976 · confidence medium
United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958); Symonds v. Bucklin, 197 F.Supp. 682 (D.Md.1961); Robertson v. City of Salem, 191 F.Supp. 604 (D.Or.1961); see also United States v. Virginia Electric & Power Company, 365 U.S. 624, 631-636 , 81 S.Ct. 784, 789-92 , 5 L.Ed.2d 838, 846-49 (1961); United States v. 222.0 Acres of Land, More or Less, Worcester County, Maryland, 324 F.Supp. 1170, 1180 (D.Md.1971); Foster v. City of Detroit, Michigan, 254 F.Supp. 655, 663 (E.D.Mich. 1966).
discussed Cited as authority (rule) Skyline Homes, Inc. v. Commonwealth
Mass. · 1972 · confidence medium
The petitioner did not attempt to show, as on occasion condemnees have done, that the zoning classification was one that itself contemplated change, Wolff v. Commonwealth of Puerto Rico, supra, at 946-947, or that surrounding land had changed sharply in character and use and that nearby parcels had been re-rezoned in consequence, United States v. Meadow Brook Club, 259 F. 2d 41, 44-45 (2d Cir.), cert. den. 358 U. S. 921 ; People ex rel.
discussed Cited as authority (rule) H & R Corporation v. District of Columbia, Norair Realty Company, Inc. v. District of Columbia, Olga Ruppert May v. District of Columbia (2×)
D.C. Cir. · 1965 · confidence medium
Cf. Rapid Transit Co. v. United States, 295 F.2d 465, 466 (10th Cir. 1961); United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958).
cited Cited "see" Cohan v. Comm'r
Tax Ct. · 2012 · signal: see · confidence high
See United States v. Meadow Brook Club , 259 F.2d 41 , 45 (2d Cir. 1958) ; Stanley Works & Subs. v. Commissioner , 87 T.C. 389 , 400 (1986) . 2.
discussed Cited "see" Ohio Turnpike Commission v. Likowski, Unpublished Decision (12-31-2002)
Ohio Ct. App. · 2002 · signal: see · confidence high
See, generally, United States v. The Meadow Brook Club (C.A. 2, 1958), 259 F.2d 41, 45 (holding that while a prospective demand for a use that would affect the value of property should enter into the calculation of value, it would be improper to value the property as if it were actually being used for the different use).
cited Cited "see" Arbor Towers Assocs. v. Commissioner
Tax Ct. · 1999 · signal: see · confidence high
See United States v. Meadow Brook Club, 259 F.2d 41 , 45 (2d Cir. 1958) ; Stanley Works & Subs. v. Commissioner, supra at 400 .
cited Cited "see" United States v. 7.92 Acres of Land, More or Less
1st Cir. · 1985 · signal: see · confidence high
See generally United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958).
discussed Cited "see" United States v. 7.92 Acres Of Land
1st Cir. · 1985 · signal: see · confidence high
See generally United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir.), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958). 53 Although the opinion of a property owner may be sufficient proof, based upon the supposition that the property owner has intimate knowledge of the property, United States v. 329.73 Acres of Land, 666 F.2d 281, 284 (1982), modified on reh'g, 704 F.2d 800 (5th Cir.1983); United States v. Sowards, 370 F.2d 87, 92 (10th Cir.1966), the Commission was justified in rejecting Bessay's opinion in light of the detailed and convincing expert testimony submitted…
discussed Cited "see" In re the Valuation Proceedings Under §§ 303(c) & 306 of the Regional Rail Reorganization Act of 1973 (2×) also: Cited "see, e.g."
Regl. Rail Reorg. Act · 1983 · signal: see · confidence high
See United States v. Meadow Brook Club, 259 F.2d 41, 46 (2d Cir.), cert. denied, 358 U.S. 921 , 79 S.Ct. 290 , 3 L.Ed.2d 239 (1958); International Paper Co. v. United States, 227 F.2d 201, 209 (5th Cir.1955); District of Columbia v. Lot 813 in Square 568, 232 F.Supp. 714, 719 (D.D.C.1964), aff'd sub nom.
cited Cited "see" Georgia-Pacific Corp. v. United States
Ct. Cl. · 1980 · signal: see · confidence high
See United States v. Meadow Brook Club, 259 F.2d 41 , 45 (2d Cir.), cert. denied, 358 U.S. 921 (1958), aff'g 149 F. Supp. 749 (E.D.N.Y. 1957).
discussed Cited "see, e.g." Wendell Falls Development, LLC, Gregory Alan Ferguson, Tax Matters Partner v. Commissioner
Tax Ct. · 2018 · signal: see also · confidence medium
Moreover, “The fair market value of property is not affected by whether the owner actually has put the property to its highest and best use” (Stanley Works and Subsidiaries v. Commissioner, supra at 400; see also United States v. Meadow Brook Club, 259 F.2d 41, 45 (2d Cir. 1958)), nor whether he ever intends to do so (Akers v. Commissioner, * * * [ T.C.
discussed Cited "see, e.g." McCann Holdings, Ltd. v. the United States 0
Fed. Cl. · 2013 · signal: see also · confidence low
Id. at 1365-66 ; see also United States v. 50.8 Acres, 149 F.Supp. 749, 752 (E.D.N.Y.1957) (“To what extent the possibility or probability of a change would affect the value as of the date of taking is dependent upon the degree of probability, the imminence of the change, the effectiveness of the opposition, and other factors which are largely speculative and conjectural.”) aff'd sub nom., United States v. Meadow Brook Club, 259 F.2d 41 (2d Cir.1958); State Rds.
cited Cited "see, e.g." City of Bellevue v. Kravik
Wash. Ct. App. · 1993 · signal: see, e.g. · confidence low
See, e.g., United States v. Meadow Brook Club, 259 F.2d 41 (2d Cir.), cert. denied, 358 U.S. *739 921 (1958); People ex rel.
discussed Cited "see, e.g." Symington v. Commissioner (2×)
Tax Ct. · 1986 · signal: see also · confidence low
Moreover, "The fair market value of property is not affected by whether the owner actually has put the property to its highest and best use" ( Stanley Works and Subsidiaries v. Commissioner, supra at 400 ; see also United States v. Meadow Brook Club , 259 F.2d 41 , 45 (2d Cir. 1958)) , nor whether he ever intends to do so ( Akers v. Commissioner, supra ).
discussed Cited "see, e.g." State v. Midkiff
Haw. · 1973 · signal: see also · confidence low
Neither is it confined by the zoning at the time of the taking, if there is a reasonable possibility that there may be a rezoning.” Wolff v. Commonwealth of Puerto Rico, 341 F.2d 945, 946 (1st Cir. 1965); see also United States v. Meadow Brook Club, 259 F.2d 41 (2d Cir. 1958).
Retrieving the full opinion text from the archive…
Horace Greely NETHERY, Appellant,
v.
Richard O. CULVER, Custodian, Florida State Prison, Appellee
17317.
Court of Appeals for the Fifth Circuit.
Sep 18, 1958.
259 F.2d 41
Richard W. Ervin, Atty. Gen. of Fla., Reeves Bowen, Asst. Atty. Gen. of Fla., for appellee.
Rives, Tuttle, Jones.
Cited by 1 opinion  |  Published
PER CURIAM.

The appellant applied to the District Court for the Southern District of Florida for a writ of habeas corpus, asserting the invalidity of his conviction in the state court of Florida. The district court entered an order on April 7, 1958, denying the petition. Notice of appeal was filed on June 2, 1958. The notice of appeal was filed too late. 28 U.S.C.A. § 2107.

The district judge who entered the final order denying the petition also denied an application for a certificate of probable cause. We will regard the notice of appeal as an application to us for for a certificate of probable cause and having considered the same, we reach the same conclusion as did the district judge and the application for the certificate is denied.

Since the appeal was not taken within the prescribed time and since no certificate of probable cause has been issued, the appeal cannot be maintained and is therefore Dismissed.