Betty Blackacre Case

857 Words4 Pages
In this case, regarding the legal validity of the Environmental Protection Agency (EPA) enforcing an order on Betty’s land, they are within full scope of authority. The EPA issued its order in reference to the Endangered Species Act (ESA). The pond located on Betty Blackacre’s property was deemed as a major migratory location for many birds, including endangered species. Section 9 of the ESA bars the taking of a species. In this instance, the term “take” encompasses any harm of an endangered species or its habitat (Laschever, 2012). This is directly applicable to the land included in the order. Donald’s industrial park would inevitably affect the environment of the endangered birds. Even though EPA decisions are binding, they can be appealed.…show more content…
In response to the suit filed, Betty’s lawyer filed for a motion to dismiss due to lack of jurisdiction. Subject-matter jurisdiction does not impede the trial courts reach to try out-of-state defendants. The ensuing issue for the trial court is to determine in-personam jurisdiction. This form of jurisdiction focuses on the residence, location, and activities of the defendant (Mallor, 30). Traditional in-personam jurisdiction would not apply to Betty. She is not a resident of New York, was not in New York when receiving court proceedings, nor did she consent to New York City court’s authority. Luckily for Donald, the contract he signed with Betty took place in his Manhattan office. This constituted doing business within New York City, which subjected Betty to long-arm statutes. In this case, Betty made two trips to New York City and met with Donald, along with his lawyers. The due process standard of minimum contacts, which are significant and do not offend traditional notions of fair play and substantial justice, was met (Mallor, 30). The motion for dismiss will be denied, due to the New York City trial court having long-arm statute in-personam jurisdiction. Furthermore, Betty may be permitted to apply for a change in venue if a fair trail would be impossible in

More about Betty Blackacre Case

Open Document