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Bernie Alvarez v. Seaside Transportation Services LLC

Plaintiff and appellant Bernie Alvarez was injured at work
when he drove a maintenance van into a shipping container.
Plaintiff’s employer, Pacific Crane Maintenance Company
(PCMC), had been hired by Evergreen Container Terminal
(Evergreen) to perform maintenance work at a marine container
terminal. Plaintiff sued Evergreen and two of its contractors
alleging general neglig... More...
   $0 (07-21-2017 - CA)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

Jaime A. Scher v. John F. Burke

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, this court held that
private owners of certain coastal property who allowed the public to use the
property for recreational purposes over a period of years thereby impliedly
dedicated property rights to the public. In response to that decision, the
Legislature enacted Civil Code section 1009, which limits the circumstances in
wh... More...
   $0 (06-26-2017 - CA)

MAUREEN HARDEN HERD, et al. v. SHRAUNER FEEDYARD, LLC

Herd owns a parcel of land in the southeast quarter of section 32 of Protection Township in Comanche County, Kansas. This parcel of land has been in Herd's family since her grandfather purchased it in 1925; in 1950, the family built a farm house on the land, which is currently occupied by Herd's son and daughter-in-law.

Shrauner owns approximately 310 acres of land in section 33 of Pro... More...
   $0 (06-22-2017 - KS)

Rodney Brossart, et al. v. Kelly Janke, et al.

During confrontations that extended over two days at the Brossart family
farmstead in Nelson County, North Dakota, Deputy Sheriff Eric Braathen tased both
Rodney Brossart and his son, Thomas Brossart. The Brossarts, including Rodney’s
wife, Susan, brought this action against Braathen, his supervisor, Sheriff Kelly Janke,
and Nelson County, asserting federal claims under 42 U.S.C. §... More...
   $0 (06-19-2017 - ND)

Jaime A. Scher v. John F. Burke

In Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, this court held that
private owners of certain coastal property who allowed the public to use the
property for recreational purposes over a period of years thereby impliedly
dedicated property rights to the public. In response to that decision, the
Legislature enacted Civil Code section 1009, which limits the circumstances in
wh... More...
   $0 (06-19-2017 - CA)

Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

Safe Streets Alliance v. John W. Hickenlooper Tenth Circuit Court of Appeals - Denver, Colorado

These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and
civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed, and t... More...
   $0 (06-07-2017 - CO)

UNITED STATES OF AMERICA - v. - DAVID DELVA, a/k/a Sealed Defendant 4

The present prosecution of Delva had its origin in the kidnapping and robbery of a2
woman and a man in the Bronx, New York, which began on Labor Day weekend in 2012. Those3
crimes were investigated by a joint task force of Federal Bureau of Investigation ("FBI") agents and4
New York City Police Department ("NYPD") detectives and officers (collectively or in combination,5
the "Offi... More...
   $0 (06-06-2017 - NY)

State of Tennessee v. Nathan Bernard Lalone Lalone gets life in prison sentence

On the night of November 16, 2011, Christian Sosa and his girlfriend, Meghan Bennett, were shot at the tennis courts in Apison, Tennessee, a suburb of Chattanooga. Mr. Sosa died as a result of multiple gunshot wounds. In July of 2012, Defendant was indicted for one count of first degree murder and one count of attempted first degree murder.
I. Motion to SuppressHearing
On May 5, 2014,... More...
   $0 (06-03-2017 - TN)

Benny Vance v. Mark C. Popkowski

This appeal arises from a dispute over the enforcement of deed restrictions. The purchasers of deed-restricted property in a residential subdivision began operating a business from a single-family residence located on the property.
2
Appellants Benny Vance and Pierre Metzener, who also own property in the
subdivision, claimed that the operation of the business violated the deed
res... More...
   $0 (05-25-2017 - TX)

Michael Henderson v. CC-Parque View, LLC d/b/a Parque View Apartments, Asset Plus Corporation, Asset Plus Companies, LP, Asset Plus Realty Corporation, and Asset Plus USA, LLC

An independent-contractor security guard shot Michael Henderson with a rubber bullet during an early morning encounter in the parking lot of Henderson’s
2
apartment complex. Henderson sued his landlord, Parque View Apartments, its
management companies, and Ranger Guard and Investigations, the security
company that had contracted to provide security services at Parque View.
Hend... More...
   $0 (05-18-2017 - TX)

Joe Hardesty v. State Mining and Geology Board

In this suit under the Surface Mining and Reclamation Act of 1975 (SMARA)
(Pub. Resources Code § 2710 et. seq.),1 plaintiffs Joe and Yvette Hardesty (collectively,
Hardesty), attack findings by the State Mining and Geology Board (Board). The Board’s
disputed findings conclude there are no vested rights to surface mine at the Big Cut Mine
in El Dorado County (County, not a party her... More...
   $0 (05-17-2017 - )

Anthony Haire v. The State of Wyoming

Appellant lived with his wife and three small children in a mobile home in Worland, Wyoming. Their home was situated on a piece of property owned by Jamye SoRelle.1 Mr. SoRelle also lived in a mobile home on the property.
On the evening of April 13, 2015, Appellant was grilling hamburgers in front of his mobile home with his family and a friend, Judy Cable. Mr. SoRelle came to the cookout f... More...
   $0 (05-15-2017 - WY)

Central Valley Gas Storage, LLC v. Fred Southam

This appeal arises out of a condemnation action in which Fred Southam and
Southam & Son (collectively Southam) sought to introduce evidence of the value of their
land for an underground natural gas storage project based on reservoir volume. The trial
court‟s in limine ruling excluded Southam‟s valuation approach based on evidence all
independently operated gas storage p... More...
   $0 (05-12-2017 - )

Leslie Witherspoon Hinriches v. George Melton

How does a landowner whose parcel is landlocked
gain access to the property? In Linthicum v. Butterfield (2009)
175 Cal.App.4th 259 (Linthicum), we held that the trial court
may grant the landowner an equitable easement over a
neighboring property. In Linthicum, the party to whom an
equitable easement was granted had been using a road on
neighboring property for several dec... More...
   $0 (05-08-2017 - )

STATE OF NEW JERSEY v. DION E. ROBINSON (a/k/a QUANTAE MASON ALBERT MITCHELL)

Under federal and New Jersey search-and-seizure
jurisprudence, a police officer’s warrantless search of the
passenger compartment of a vehicle, following a lawful traffic
stop, is a constitutional protective sweep when the
circumstances give rise to a reasonable suspicion that a driver
or passenger “is dangerous and may gain immediate access to
weapons.” State v. Gam... More...
   $0 (05-01-2017 - NJ)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

SUMMARY
Since January 1, 2008, Civil Code sections 1098 and 1098.5
have governed the circumstances under which certain fee
payments, imposed when real property is transferred, may or
may not be collected.1 In Marina Pacifica Homeowners Assn. v.
Southern California Financial Corp. (2014) 232 Cal.App.4th 494
(Marina Pacifica I), this court determined that a monthly
“assig... More...
   $0 (04-25-2017 - )

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Margaret Kinsley, Individually and on behalf of Laddie Frances Kinsley, deceased v. Cartwright's Ranch House, LLC and John Clayton Cartwright Denton County Texas Courthouse

Appellee John Clayton Cartwright owns and operates Appellee Cartwright’s Ranch House, LLC, (CRH) a restaurant in Denton, Texas. One
1See Tex. R. App. P. 47.4.
2
morning, after Margaret and Laddie Kinsley ate breakfast together at CRH, as Laddie negotiated his walker off the curb in front of CRH and into the parking lot on the passenger-side of the couple’s vehicle, he fell. He was take... More...
   $0 (04-06-2017 - TX)

Geraldine R. Jones v. State of Indiana


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Around April 4, 2015, the mother of S... More...
   $0 (03-31-2017 - IN)

Stiching Mayflower, et al. v. United Park City Mines Company, et al.

¶1 This case involves a dispute over a mining road built on Flagstaff Mountain (near Park City) over a century ago. The plaintiffs are Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreation Fonds (collectively ―Mayflower‖). Defendants in the suit are owners of land traversed by the road. ¶2 Plaintiffs have asserted a right to use the road (1) as a public highway under t... More...   $0 (03-22-2017 - UT)

Greg Hill of Furnas County et al. v. State of Nebraska and Nebraska Department of Natural Resources

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Under the Nebraska Ground Water Management and
Protection Act, the DNR is required to conduct an annual forecast
... More...
   $0 (03-10-2017 - NE)

Harvey Harwell v. Bell Investment Corporation

Harvey Harwell appeals the trial court’s order granting a directed verdict and final judgment that Harwell take nothing in his suit against Bell Investment Corporation. Because the trial court erred in granting Bell’s motion for directed verdict, the trial court’s order and judgment is reversed, and this case is remanded to the trial court for further proceedings.
Harwell v. Bell Investment Co... More...
   $0 (03-09-2017 - TX)

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