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Adjoining Landowner Law
 
Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

Christopher Steven Painter v. The State of Texas Man arrested for sex assault of a disabled person

In Appellant’s first issue, he argues that the evidence is insufficient to sustain his conviction because there was insufficient evidence to prove that Appellant used force or that the victim was unable to comprehend or resist the assault. In his second issue, Appellant contests the constitutionality of Section 22.011(b)(4) of the Texas Penal Code, which he argues is unconstitutional both on its ... More...   $0 (12-28-2017 - TX)

Thomas Milton Buchanan, Jr., a/k/a Milton Buchanan v. The State of Texas Rockford woman killed in Texas; suspect arrested

Because Buchanan does not challenge the sufficiency of the evidence, we discuss only
those facts relevant to the resolution of the evidentiary issue advanced on appeal. Buchanan was
living with his seventy-one-year-old mother, Susie Maloney, a retired engineer and nuclear
1 Pursuant to its docket equalization authority, the Supreme C... More...
   $0 (12-14-2017 - TX)

Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors, L.L.C. Southern District of Texas Courthouse - Houston, Texas

Houston, TX - Jury Awards Publisher $585,000 In Damages On Copyright Claim

Energy Intelligence Group, Inc. sued Kayne Anderson Capital Advisors on a copy right violation theory claiming that the Defendant wrongfully copied its energy newsletters. It claimed that Defendant shared five subscriptions of "Oil Daily" with others in the investment firm who did not have subscriptions. Thirty-nin... More...
   $585000 (12-08-2017 - TX)

Epona, LLC v. County of Ventura Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Epona, LLC and Michael Fowler (collectively, Appellants) appeal the district court’s order dismissing Appellants’ First Amendment and Religious Land Use and Institutionalized Persons (RLUIPA), 42 U.S.C. § 2000cc et seq., claims, and denying as moot Appellants’ motion for a preliminary injunction. Appellants challenge the County of Ventura’s (the County) permitting scheme, which requires
4 EPON... More...
   $0 (12-07-2017 - CA)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
landowners
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)

United States of Ameriva v. Geoffrey Thomas Gattis United States Court of Appeals for the Third Circuit

After Geoffrey Gattis pleaded guilty to possession of a firearm by a felon, in
violation of 18 U.S.C. § 922(g)(1), the district court sentenced him to 70 months’
imprisonment, at the low end of the Sentencing Guidelines range that it had calculated.
In calculating that range, the court applied an enhanced base offense level under U.S.S.G.
§ 2K2.1(a)(4)(A), based on its conclusion t... More...
   $0 (12-04-2017 - NC)

Navajo Nation v. Department of the Interior, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The Department of the Interior (“Interior” or “the
Secretary”) oversees the control, storage, and delivery to the
Western states of the waters of the Colorado River. In most
years, each state in the Colorado River Basin receives a fixed
amount of water from the river; in “surplus” and “shortage”
years, that amount changes. In the face of unprecedented
drought and ever-incre... More...
   $0 (12-04-2017 - AZ)

CINDY WILLIAMS and WILLIAM WILLIAMS v. PLAINS TIRE & BATTERY CO., INC. Supreme Court of Wyoming

On September 27, 2010, Mrs. Williams and her brother, Wayne Campbell, took the Williams’ trailer to a store operated by Plains in Evanston, Wyoming for a repair. They entered the building through a side door that led into the repair shop and found their way to the front office. After arranging for the repair, they left the same way they had come.
[¶4] They returned to the store that aftern... More...
   $0 (11-29-2017 - WY)

Jana Lee Flanagan and Lucas Matthew Flanagan v. RBD San Antonio LP, Davidson Hotel Company LLC and G4S Bexar County Courthouse - San Antonio, Texas

Jana Lee and Lucas Matthew Flanagan appeal traditional and no-evidence summary judgments granted in favor of RBD San Antonio L.P., Davidson Hotel Company LLC, and G4S Secure Solutions (USA) Inc. in a premises liability case based on an alleged aggravated assault at a hotel. The Flanagans contend the trial court erred in granting the summary judgments and in sustaining objections to their summary j... More...   $0 (11-23-2017 - TX)

KAMO ELECTRIC COOPERATIVE, INC. v. CURTIS L. NICHOLS and LORI D. NICHOLS

Kamo and K-Powernet sought a power line/telecommunications easement across approximately 3.9 acres of rural land that was used primarily for cattle. The parties were unable to agree on a negotiated price, and a condemnation proceeding ensued. The appointed commissioners found that the value of the property taken, plus damages to the remainder, totaled $20,000. Both parties objected, and the matter... More...   $0 (11-22-2017 - OK)

Eileen Bransten v. State of New York New York Court of Appeals Hall - Albany, New York

The issue presented on this appeal is whether Civil Service Law § 167 (8), as amended, authorizing a reduction of the State's contribution to health insurance benefits for State employees, including members of the State judiciary, violates the Judicial Compensation Clause [*2]of the State Constitution (NY Const, art VI, § 25 [a]). We conclude the State's contribution is not judicial compensation p... More...   $0 (11-21-2017 - NY)

GLORIA J. JACKSON, et al. v. THE UNITED STATES

In September 1889, the Georgia legislature granted the Eatonton & Machen Railroad Company a charter to “construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State . . . .” Pls.’ Mot. Summ. J. App. C, at C-4. The railroad’s charter incorporated Section 1689(l) of the Georgia Code, stating: <... More...   $0 (11-21-2017 - )

Aleksandr Vasilenko v. Grace Family Church

Plaintiff Aleksandr Vasilenko was struck by a car as he crossed a public
street between the main premises of defendant Grace Family Church (the Church)
and the Church’s overflow parking area. Vasilenko contends that the Church
owed him a duty of care to assist him in safely crossing the public street and that
the Church was negligent in failing to do so. The Church argues that it h... More...
   $0 (11-19-2017 - CA)

West Virginia Lottery v. A-1 Amusement, Inc. Supreme Court of Appeals - Charleston, West Virginia

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...
   $0 (11-14-2017 - WV)

Saefaldin Rahmati and Abdul Saeed Assadi Rahmati v. AJBJK, L.L.P. Fort Bend County Courthouse - Richmond, Texas

Appellants, Saefaldin Rahmati and Abdul Saeed Assadi Rahmati (collectively, “the Rahmatis”), challenge the trial court’s judgment, rendered after a trial to the court, in favor of appellee, AJBJK, L.L.P., in its suit against them for a
2
declaratory judgment, a permanent injunction, and damages. In three issues, the Rahmatis contend that the evidence supporting the trial court’s declarator... More...
   $0 (11-06-2017 - )

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

HDH Partnership, et al. v Hinsdale County Board of Equalization

¶ 1 In this case we are tasked with determining whether owners of
fishing and hunting memberships, HDH Partnership, Lawrence
Ausherman, Mark L. Ish, Herb Marchman, Hondros Family Real
Estate, LLC, and Teresa M. Mull Revocable Trust, may be taxed for
the parcels of real estate allocated to them in their membership
agreements.
¶ 2 The parcels are part of a larger tract of lan... More...
   $0 (10-19-2017 - CO)

City of Dallas v. Leslie Papierski Dallas County Courthouse - Dallas, Texas

Appellee Leslie Papierski sued the City of Dallas after she slipped and fell on a puddle of
water inside the Kay Bailey Hutchison Convention Center arena. The City filed a plea to the
jurisdiction asserting immunity under the Texas Tort Claims Act. The trial court denied the
City’s plea to the jurisdiction. On appeal, the City argues the trial court erred by denying its plea
to the... More...
   $0 (10-05-2017 - TX)

Elaine Christen v. Fiesta Shows, Inc.

Plaintiff Elaine Christen, individually and as administrator of the estate of Sophia Christen, appeals the order of the Superior Court (Smukler, J.) granting summary judgment to defendant Fiesta Shows, Inc. (Fiesta), on the ground that Fiesta did not owe Sophia Christen a duty of care. We affirm.
The trial court recited the following facts, set forth in the light most favorable to the plaintif... More...
   $0 (10-04-2017 - NH)

Edward Bujnoch v. National Oilwell Varco, L.P. Harris County Courthouse - Houston, Texas

Amanda Bujnoch was a passenger in a vehicle that slid off the roadway and
rolled over after the vehicle encountered some oil-based mud cuttings. Amanda was
ejected from the vehicle and killed. National Oilwell Varco, L.P (NOV) had loaded
the mud into an open-top dump trailer that
2
company (Big Red). Neither Big Red nor NOV ensured that the truckload of mud
had been secured... More...
   $0 (09-23-2017 - TX)

State of Oklahoma, ex rel. Department of Transportation v. Fine Outdoor Advertising, Inc. Rogers County Courthouse - Claremore, Oklahoma

Claremore, OK - State of Oklahoma, ex rel. Department of Transportation v. Fine Outdoor Advertising, Inc.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: State of Oklahoma ex rel
Filed Date: 01/04/2012
Party Name Disposition Information
Plaintiff: State of Oklahoma ex rel Disposed: JUDGEMENT ENTERED, 09/18/2017. Judge
Docket
Date Code Description Count ... More...
   $193250 (09-18-2017 - OK)

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