Mianus River Preservation Committee v. Administrator, Environmental Protection Agency

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that in determining whether real estate transaction constitutes secur- ity, “promotional emphasis of the developer” is “[c]entral”
• noting that the Supreme Court has declared that equitable tolling principles are “read into every federal statute of limitation,” subject to express contrary Congressional intent
• stating that “It is entirely consistent with stated congressional objectives to define ‘sale’ in a real estate market as contract formation rather than contract discharge. Real estate payments are commonly not completed for decades.”
• “[c]apital appreciation through development should be distinguished from a general increase in land values concurrent with neighborhood growth and improvements”
• the plaintiff has the burden of establishing a factual basis for tolling the statute of limitations
• the plaintiff has the burden of establishing a factual basis for tolling the statute of limitations

Source: CourtListener parenthetical corpus (CC0).