A state port authority (1) challenged sale of property free and clear of its road easement on Eleventh Amendment grounds and (2) sought revocation of a Chapter 11 plan confirmation order arguing that it was obtained by fraud. The bankruptcy court rejected these claims; the district court affirmed; and the port authority appealed to the Fifth Circuit.
Originally the port authority bought property adjacent to the debtor’s land, together with an easement granting use and access to
Continue Reading Easements and Sales “Free and Clear”: Oops – All Gone
