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Ohio Lawyer Search - Listings for Brown Timothy R Atty
Name: Brown Timothy R Atty
Address: 197 Cherry Ln Avon Lake, OH 44012
Phone Number: 440-933-5117
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Cases related to this attorney's specialties:
ISRAEL, DONALD v. US DEPT AGRICULTURE In the United States Court of Appeals For the Seventh Circuit No. 01-1910 Donald and Patsy Israel, Richard and Shirley Quinton, all d/b/a Israel and Quinton Farms, Plaintiffs-Appellants, v. United States Department of Agriculture, Farm Service Agency, Defendant-Appellee. Appeal from the United States District Court for the Western District of Wisconsin. No. 00 C 223-Barbara B. Crabb, Chief Judge. Argued October 23, 2001-Decided March 8, 2002 Before Harlington Wood, Jr., Cudahy, and Kanne Circuit Judges. Kanne, Circuit Judge. In 1989, plaintiffs restructured an existing loan with the Farm Service Agency ("FSA")/1 and signed a ten-year agreement as part of that restructuring. The agreement required plaintiffs to pay the FSA a percentage of appreciation that accrued to their property if certain triggering events transpired ("recapture"). In 1999, the FSA determined that expiration of the agreement was one of the triggering events and sought recapture. Plaintiffs sought administrative review of the FSA's determination and argued that only three events triggered recapture: full payment on the loan, cessation of farming, or transfer of the title of their property. The National Appeals Division of the Department of Agriculture found that the terms of the agreement allowed recapture at the expiration of the agreement. Plaintiffs appealed that decision to the Director of the National Appeals Division for the Department of Agriculture, who affirmed. Plaintiffs then sought judicial review of the agency's determinations and argued that they were arbitrary and capricious, contrary to law, and unsupported by substantial evidence. The district court affirmed, and plaintiffs appealed. We affirm. I. History A. Shared Appreciation Agreement Plaintiffs, Donald and Patsy Israel and Richard and Shirley Quinton, own a farming partnership called Israel and Quinton Farms. In the fall of 1989, plaintiffs were indebted to the FSA in the amount...
ISRAEL, DONALD v. US DEPT AGRICULTURE In the United States Court of Appeals For the Seventh Circuit No. 01-1910 Donald and Patsy Israel, Richard and Shirley Quinton, all d/b/a Israel and Quinton Farms, Plaintiffs-Appellants, v. United States Department of Agriculture, Farm Service Agency, Defendant-Appellee. Appeal from the United States District Court for the Western District of Wisconsin. No. 00 C 223-Barbara B. Crabb, Chief Judge. Argued October 23, 2001-Decided March 8, 2002 Before Harlington Wood, Jr., Cudahy, and Kanne Circuit Judges. Kanne, Circuit Judge. In 1989, plaintiffs restructured an existing loan with the Farm Service Agency ("FSA")/1 and signed a ten-year agreement as part of that restructuring. The agreement required plaintiffs to pay the FSA a percentage of appreciation that accrued to their property if certain triggering events transpired ("recapture"). In 1999, the FSA determined that expiration of the agreement was one of the triggering events and sought recapture. Plaintiffs sought administrative review of the FSA's determination and argued that only three events triggered recapture: full payment on the loan, cessation of farming, or transfer of the title of their property. The National Appeals Division of the Department of Agriculture found that the terms of the agreement allowed recapture at the expiration of the agreement. Plaintiffs appealed that decision to the Director of the National Appeals Division for the Department of Agriculture, who affirmed. Plaintiffs then sought judicial review of the agency's determinations and argued that they were arbitrary and capricious, contrary to law, and unsupported by substantial evidence. The district court affirmed, and plaintiffs appealed. We affirm. I. History A. Shared Appreciation Agreement Plaintiffs, Donald and Patsy Israel and Richard and Shirley Quinton, own a farming partnership called Israel and Quinton Farms. In the fall of 1989, plaintiffs were indebted to the FSA in the amount...
JAMES ISLAND v CITY OF CHARLESTON, U.S. 4th Circuit Court of AppealsJAMES ISLAND v CITY OF CHARLESTON PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT JAMES ISLAND PUBLIC SERVICE DISTRICT, Plaintiff-Appellee, v. CITY OF CHARLESTON, SOUTH CAROLINA, Defendant-Appellant, No. 00-1910 and ANDREW C. SMITH, treasurer of Charleston County, in his official capacity; TOWN OF FOLLY BEACH; PEGGY MOSELEY, auditor of Charleston County, in her official capacity; WILLIAM O. THOMAS, JR., Defendants. Appeal from the United States District Court for the District of South Carolina, at Charleston. Falcon B. Hawkins, Senior District Judge. (CA-96-3557-2-11) Argued: April 4, 2001 Decided: May 7, 2001 Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges. _ Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Williams and Judge Michael joined. _ COUNSEL ARGUED: William B. Regan, REGAN, CANTWELL & STENT, Charleston, South Carolina, for Appellant. Trent Marrs Kernodle, KERNODLE, TAYLOR & ROOT, Charleston, South Carolina, for Appellee. ON BRIEF: Frances I. Cantwell, Carl W. Stent, REGAN, CANTWELL & STENT, Charleston, South Carolina, for Appellant. _ OPINION DIANA GRIBBON MOTZ, Circuit Judge: The James Island Public Service District, which provides fire pro- tection services to rural areas in South Carolina, seeks protection under § 306(D) of the Consolidated Farm and Rural Development Act, 7 U.S.C. § 1926(b) (1994), against certain actions taken by the City of Charleston. The district court found the District entitled to this protection. We affirm. I. Congress enacted the Agricultural Act of 1961 in part to provide insured loans to sparsely populated rural communities for a variety of otherwise unaffordable services and improvements. See S. Rep. No. 566 (1961), reprinted in 1961 U.S.C.C.A.N. 2243, 2305-06. One por- tion of the Act, formerly known as the Farmers Home Administration Act (FmHA), but renam...
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