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Cemeteries Law
 
Whole Woman's Health v. Charles Smith Western District of Texas Federal Courthouse - San Antonio, Texas

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the groups internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms, and with the benefit of full briefing from both parties, we elect to consolidate... More...   $0 (07-25-2018 - TX)

Carl Johnson v. The State of Texas

The record shows that appellant was a member of the Felony Lane Gang. Members of this gang work in small groups that travel around the country stealing various items of identification, as well as credit cards, debit cards, and checks. Their normal method of operation was to break into cars parked at locations where the owners frequently leave purses in their cars, including cemeteries and daycar... More...   $0 (05-07-2018 - TX)

Patrick Dwayne Murphy v. Terry Royal Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondents Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

Courtney Cates v. Crystal Clear Technologies, LLC, et al. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The three named plaintiffs brought a purported class action alleging
that the developers of their neighborhoods created agreements that violated both state and federal
law by requiring the neighborhoods homeowners to pay for basic telecommunications services
provided by Crystal Clear Technologies, LLC (Crystal Clear), an entity owned and controlled
by the developers. The distric... More...
   $0 (11-06-2017 - TN)

Oklahoma Automotive Dealers Association v. State of Oklahoma, ex rel Oklahoma Tax Commission

1 This is the second of several cases challenging various measures enacted by the Legislature this past session in response to the State's budget crisis. In the first of those cases we unanimously held that a measure imposing a new $1.50-per-pack assessment on cigarettes was a "revenue bill" subject to Article V, Section 33's requirements that revenue bills (1) originate in the House of Represent... More...   $0 (08-31-2017 - OK)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Mountain Vista Retirement Residence v. Freemont County Assessor

Mountain Vista presents three issues on appeal:
1. Whether the Fremont County Board of Equalization (the County Board) erred in determining that Mountain Vista Retirement Residence (Mountain Vista) is not entitled to exemption from ad valorem tax as a charitable or benevolent association because it serves a limited number of people, notwithstanding the substantial benefit to the entire public... More...
   $0 (09-02-2015 - WY)

United States of America v. Louis Agront, Sr.

We consider whether a Department of Veterans Affairs
(VA) regulation prohibiting disorderly conduct that creates
loud, boisterous, and unusual noise, see 38 C.F.R.
§ 1.218(a)(5) and (b)(11), is unconstitutionally vague as
applied to the defendant, Louis Agront, Sr. The regulation,
reasonably interpreted, includes a controlling standard of
conduct: it prohibits the creation... More...
   $0 (11-21-2014 - CA)

Utah Department of Transportation v. Michael M. Carlson

¶1 This case presents the question whether the Utah Depart-ment of Transportation (UDOT) has the authority to use the pow-er of eminent domain to condemn private property in excess of that needed for a transportation project. The condemnation at is-sue involved a fifteen-acre parcel owned by Michael Carlson. UDOT condemned the whole parcel despite the fact that it needed only 1.2 acres for its pl... More...   $0 (06-24-2014 - UT)

The People v. Joseph Montes

A Riverside County jury found defendant Joseph Montes guilty of first degree murder (Pen. Code, §§ 187, 189) (count I)),1 kidnapping during the commission of a carjacking (§ 209.5) (count II), carjacking (§ 215) (count III), and being a felon in possession of a firearm (former § 12021, subd. (a)(1), now § 29800, subd. (a)) (count IV). The jury found true three special circumstance allegation... More...   $0 (03-13-2014 - CA)

Lena Hamlin v. The Wilderville Cemetery Association

2 Plaintiff brought several claims against defendant, a nonprofit corporation
3 that operates Wilderville Cemetery, relating to defendant's burial of her late husband, and
4 now appeals the trial court's award of summary judgment to defendant. Plaintiff and her
5 husband, Donald (collectively, the Hamlins), had purchased a plot in defendant's
6 cemetery, and the lawsuit involves cl... More...
   $0 (10-30-2013 - OR)

United States v. Edith Schlain Windsor

Two women then resident in New York were married in a lawful ceremony in Ontario, Canada, in 2007. Edith
Windsor and Thea Spyer returned to their home in New York City. When Spyer died in 2009, she left her entire estate to Windsor. Windsor sought to claim the estate tax exemption for surviving spouses. She was barred from doing so, however, by a federal law, the Defense of Marriage Act, which... More...
   $0 (06-26-2013 - )

Timothy Wall v. John S. Marouk, D.O.

¶1 The dispositive issue presented is whether, in the aftermath of Zeier v. Zimmer, 2006 OK 98, 152 P.3d 861, the legislative amendment to 12 O.S. 2011§191 , removed the unconstitutional infirmity from the requirement of an affidavit of merit in any civil action for professional negligence. An examination of the Okla. Const. art. 5, §462, art. 2, §63, 63 O.S. 2011 §1-1708.1C, as well as prior... More...   $0 (06-04-2013 - OK)

Maj I. Hagman v. Meher Mount Corporation

In this boundary dispute, one neighbor seeks to quiet title by adverse possession to an adjoining piece of his neighbor's land that he inadvertently fenced in and later improved. The unusual twist is that the neighboring land on which the adverse possession took place belongs to a nonprofit religious organization. We hold that a nonprofit religious organization's status as a "public benefit corpor... More...   $0 (04-03-2013 - CA)

Heritage on the San Gabriel Homeowners Association; Hutto Citizens Group; Mount Hutto Aware Citizens; Mahlon Arnett, Robbi Arnett; TJFA, L.P.; and Jonah Water S.U.D. v. Texas Commission on Environmental Quality and Williamson County, Texas

Appellants, Heritage on the San Gabriel Homeowners Association, Hutto Citizens Group, Mount Hutto Aware Citizens, Mahlon Arnett, Robbi Arnett, TJFA, L.P., and Jonah Water S.U.D. (collectively, the "Hutto landowners"), challenge the district court's judgment affirming the Texas Commission on Environmental Quality's ("TCEQ") decision to grant a permit to Williamson County to expand its landfill, whi... More...   $0 (12-28-2012 - )

Service Corporation International and SCI Texas Funeral Services, Inc. v. Leticia Leal

This is an appeal from a trial court judgment entered in favor of appellees, Leticia Leal, Frank Garza, Beatriz Cavazos, Noe Cavazos, and Maria Elena Cisneros ("the Garzas") Catherine E. Rogers, Evelyn Rogers, and Gerald A. Rogers ("the Rogers") against appellants, Service Corporation International ("SCI International") and SCI Texas Funeral Services, Inc. ("SCI Texas") for actual and exemplary da... More...   $0 (10-12-2012 - TX)

GEICO Casualty Company v. Bill Eisenhour Funeral Homes, Inc.

GEICO Casualty Company sued Bill Eisenhour Funeral Homes, Inc., Alderwoods Group, LLC, Alderwoods Oklahoma, Inc. and Service Corporation International claiming:

1. Eisenhour is an Oklahoma corporation that does business in Cleveland County, Oklahoma.

2. Eisenhour is a wholly-owned subsidiary of Aldrwoods Oklahoma.

3. Alderwoods Oklahoma is an Oklahoma corporation that does bu... More...
   $0 (09-10-2012 - OK)

Elise Piquet v. Town of Chester

This is a certified appeal by the plaintiff, Elise Piquet, from the judgment of the Appellate Court, which reversed the trial court’s judgment in favor of the defendants, the town of Chester (town) and its planning and zoning commission, and remanded the case with direction to dismiss the action. The plaintiff claims that the Appellate Court incorrectly determined that the trial court lacked sub... More...   $0 (08-27-2012 - CT)

AOF/Shadybrook Affordable Housing Corporation v. Ken Yazel

¶1 This is an appeal from the Journal Entry of Judgment, filed on September 22, 2009, in Tulsa County, Honorable P. Thomas Thornbrugh.3 The case involves the assessment of ad valorem taxes on the Shadybrook Apartments for the years 2004, 2005, and 2006.4 AOF/Shadybrook Affordable Housing Corporation is an Oklahoma not-for-profit corporation.5 In 1998, AOF acquired Shadybrook using proceeds from t... More...   $0 (06-19-2012 - OK)

Betty Saint Rogers v. Louisville Land Company

In 2001, Betty Saint Rogers’ son died in a motorcycle accident and was buried in a grave plot in the Fort Hill Cemetery (“the cemetery”) in Cleveland, Tennessee.1 Following her son’s death, Ms. Rogers purchased easements from Louisville Land Company to two adjacent burial plots in the cemetery. When she purchased the easements, she had some concerns about the maintenance of the cemetery. S... More...   $0 (04-19-2012 - TN)

Callaghan Ranch, Ltd. v. David Killam

Callaghan Ranch, Ltd. filed a suit for declaratory judgment seeking a determination that a certain portion of the San Ygnacio Road (“the Road”) was impliedly dedicated to the public before 1992. The jury failed to find the portion of the Road in question was impliedly dedicated. Callaghan Ranch filed a motion for judgment notwithstanding the verdict (JNOV), arguing that it had conclusively est... More...   $0 (02-08-2012 - TX)

Steve Trunk v. City of San Diego

“A rose is a rose is a rose.”

— Gertrude Stein, Sacred Emily, 1913.

Stein wrote this sentiment to express the flower’s indescribable, unchangeable essence. The panel appears to have transmogrified Stein’s ode to a rose into a new rule of law—“a cross is a cross is a cross.” Alas, that is neither good poetry nor valid law. Unlike roses, religious symbols can hav... More...
   $0 (10-14-2011 - CA)

Darren Perry v. All Unknown Parties Having Any Interest in the Property Known as the Mathis Cemetery Located on Lot 10 Oak Woods, Medina, Tennessee

This appeal arises from a petition to terminate the use of property as a burial ground. The plaintiffs purchased property in which an abandoned cemetery was situated. They filed this complaint for court approval to terminate the use of the property as a burial ground and remove and reinter the remains to another cemetery, pursuant to Tennessee statutes. An attorney ad litem was appointed to repres... More...   $0 (12-28-2010 - TN)

American Atheists, Inc. v. Scott T. Duncan

The Utah Highway Patrol Association (“UHPA”), with the permission of Utah state authorities, erected a number of twelve-foot high crosses on public land to memorialize fallen Utah Highway Patrol (“UHP”) troopers. Plaintiffs-Appellants, American Atheists, Inc., a Texas non-profit organization, and three individual members of American Atheists who reside in Utah, challenge the legality of th... More...   $0 (08-18-2010 - UT)

The Huxfield Cemetery Association v. Bobby L. Elliott

This case concerns a three-acre tract of land known as Huxfield Cemetery and which party, Appellant or Respondents, may maintain control over the property. The special referee treated this dispute as an action to try title and ruled that because Respondents had superior title over Appellant, Respondents were entitled to maintain control over the cemetery and were permitted to charge a burial fee... More...   $0 (08-16-2010 - SC)

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