This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendaleâ€�) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“th... More...   $0 (05-20-2013 - AZ)

Richard Bensinger produced and screened a film about Spacecon Specialty Contractors, LLC. Claiming the film conveyed several defamatory statements, Spacecon filed suit against Bensinger in the United States District Court for the District of Colorado, based on diversity jurisdiction, asserting a state-law claim for defamation per se. The district court granted Bensinger’s motion for summary judg... More...   $0 (04-16-2013 - CO)

This certiorari proceeding requires us to address the agricultural exemption from county zoning. See Iowa Code § 335.2 (2011). The property owners who brought this action had a lengthy dispute with Linn County over whether houses they had built were subject to the county’s zoning and subdivision ordinances. We are asked to review two separate decisions by the Linn County Board of Adjustment—i... More...   $0 (03-29-2013 - IA)

Appellee Empacadora, GAB, Inc. (Empacadora) brought an administrative proceeding against appellant The Alphas Company, Inc. (Alphas) pursuant to the Perishable Agricultural Commodities Act (PACA), 7 U.S.C. §§ 499a-499t, alleging that Alphas had failed to pay the full purchase price due on ten truckloads of produce. On August 11, 2011, the Secretary of Agriculture (the Secretary) issued a reparat... More...   $0 (03-19-2013 - MA)

This case returns to us after the Supreme Court’s review in Reynolds v. United States, 132 S. Ct. 975 (2012). Remand requires that we reach the merits of Reynolds’s claim that the regulatory rule upon which his

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indictment was based was promulgated in violation of the Administrative Procedure Act (“APAâ€�). This claim gives rise to three questions: (1) What is the appropri... More...   $0 (03-14-2013 - PA)

Robert Longstaff challenges on petition for review the Court of Appeals' decision affirming his convictions for two counts of rape of a child under 14 years of age and one count of aggravated indecent liberties with a child. Longstaff claims error when evidence of his previous conviction for attempted aggravated incest of his daughter was admitted at trial under K.S.A. 60-455. He also challenges t... More...   $0 (03-08-2013 - KS)

Bennie Hutchins sued the United States Department of Agriculture claiming that the agency’s decision to promote a younger, less qualified African American man in lieu of Hutchins amounted to race- and age-discrimination in violation of federal law. The case was tried to a jury, which returned a verdict for the defendant. Hutchins moved for Rule 50 judgment as a matter of law and the district cou... More...   $0 (03-06-2013 - MS)

This appeal raises first-impression issues regarding the burden of proof when a criminal defendant asserts immunity from criminal prosecution under the justified use-of-force provisions of K.S.A. 21-3219. We hold that the burden of production to negate a claim of immunity rests with the State and the controlling standard of proof is probable cause. Applying those holdings to the facts of this case... More...   $0 (03-01-2013 - KS)

For many years, the City of Warren, Michigan, has put up a holiday display in the atrium of its civic center between Thanksgiving and New Year’s. The display includes a range of secular and religious symbols—a lighted tree, reindeer, snowmen, a “Winter Welcomeâ€� sign and a nativity scene among them. In 2010, the Freedom from Religion Foundation wrote a series of letters to the Mayor of Warr... More...   $0 (02-25-2013 - MI)

Eric Duke and Bernard Kurlemann sold expensive homes to straw buyers who had little income and insufficient cash to make down payments on the sales. The effective buyers, once the scheme unraveled and the buyers defaulted, became the banks. Federal prosecutors caught wind of the deception and charged Duke and Kurlemann with making false statements to a lending institution and on top of that charge... More...   $0 (02-13-2013 - OH)

Laura Conroy filed this Title VII lawsuit against her employer, the United States Forest Service, after it (among other things) filled an open position with a male employee, instead of her. The district court excluded the testimony of Ms. Conroy’s two experts and granted summary judgment to the Forest Service. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

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The Forest... More...   $0 (02-12-2013 - UT)

Petitioner Adelina Tapia Guerrero was employed to provide in-home support services (IHSS) to eligible recipients in Sonoma County (County) under the In-Home Support Services Act. (Welf. & Inst. Code, § 12300 et seq.1) She was never paid for any of the services she rendered to program recipient Alejandra Buenrostro from November 4, 2008 through January 29, 2009, despite a comprehensive scheme of f... More...   $0 (02-11-2013 - CA)

Compusoure Oklahoma, an agency of the State of Oklahoma, sued Hank Griffin on a negligence theory claiming:

1) Upon information and belief, Brock Hill (“Hillâ€�) was operating his motor vehicle in Pushmataha County on October 29, 2010 when Defendant Hank Griffin (“Defendantâ€�) negligently operated his motor vehicle causing Hill damage. Defendant negligently collided with the rear of ... More...   $6250 (02-05-2013 - ok)

Bethel World Outreach Ministries brought this action asserting that Montgomery County’s zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. For the reasons ... More...   $0 (01-31-2013 - MD)

On September 14, 2011, the Seminole Tribe of Florida filed a petition for writ of certiorari in the circuit court seeking to quash Ordinance 2011-07 adopted by Hendry County on May 24, 2011. The Ordinance rezoned 3127 acres of land from general agriculture to a Planned Unit Development (PUD) for the purpose of constructing a natural gas power plant and solar energy farm. The Seminole Tribe argued ... More...   $0 (01-27-2013 - FL)

Luis Alejo, Maria Medina, Angelica Arechiga, Joel Avila, Frente Indígena Oaxaqueño Binacional, Comité Pro Educación, Parents for Unity, and Californians Together, plaintiffs below, sought in the trial court to compel defendants, Tom Torlakson, in his official capacity as the State Superintendent of Public Instruction ( Superintendent); the State Board of Education (SBE); and the California Dep... More...   $0 (01-13-2013 - CA)

[¶1] The Teton County Board of Commissioners (the Board) approved a Final Development Plan Application by C&J, LLC (C&J). C&J owns 2.04 acres of property in Wilson, Wyoming. The northern portion of the property is zoned for commercial use, while the southern portion is zoned for a single-family residence. The plan approved by the Board allowed C&J to construct five residential units and one affor... More...   $0 (12-21-2012 - Wy)

St. Agnes Academy, Sharpstown Civic Association, and Clarewood House Residents Association (collectively "Protestants") contested the application of Club Bellaire, Inc. d/b/a El Corral ("Club Bellaire") for a permit to sell alcoholic beverages in the vicinity of Protestants' properties. See Tex. Alco. Bev. Code Ann. § 5.435 (West 2007) (public participation in licensing or permitting hearings). ... More...   $0 (12-14-2012 - TX)

This appeal concerns rights to groundwater contained in the Santa Maria Valley Groundwater Basin (Basin). The Basin suffered severe water shortages beginning around the 1930‟s but the importation of water from outside the watershed and the local City of Santa Maria et al. v. Richard E. Adam et al., Golden State Water Company et al. (No. H033544); City of Santa Maria et al. v. Richard E. Adam et ... More...   $0 (11-24-2012 - CA)

Congress enacted 7 U.S.C. § 1926(b) as part of a federal statutory scheme to extend loans and grants to certain associations providing water service to farmers, ranchers, and other rural residents. Section 1926(b) prohibits other water utilities from encroaching upon services provided by federally indebted water associations.

Plaintiff, Rural Water District No. 2 Creek County, Oklahoma, ... More...   $0 (10-30-2012 - OK)

Amy C. Miller sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,679.74 in damages. But the district court reduced that amount by $425,000 because of a state law limiting noneconomic damages in personal injury lawsuits and a posttrial ruling finding her evidence of future medical expenses insufficient. ... More...   $0 (10-25-2012 - )

This is a quiet title action challenging a claimed interest to oil and gas rights reserved in 1924 when the landowners sold the surface and mineral estate, but kept for themselves and their heirs what was described as a portion of the landowners' one-eighth interest in the oil, gas, or other minerals that might later be developed. The district court and Court of Appeals held that this reservation ... More...   $0 (10-25-2012 - KS)

Farmland landlords appeal from the denial of this forcible entry and detainer action. Where the farm tenant cured his material breach by restoration of wetlands and the landlords1 incurred no damages, the landlords are not entitled to forcible entry and detainer.

I. Background Facts and Proceedings.

George Mart previously owned the leased property at issue here─240 acres of farmlan... More...   $0 (10-17-2012 - IA)

The plaintiff in this suit under 42 U.S.C. § 1983 seeks damages from the governing body of Tazewell County and from various subordinate agencies and County officials (but we can disregard all the defendants other than the County Board, and treat the Board as the only defendant) for violating her constitutional rights. The district judge granted summary judgment for the defendants.

The plai... More...   $0 (10-17-2012 - IL)

2 This case requires us to examine the operative text of a voter-approved
3 ballot measure that purported to depend for its efficacy upon the passage of a companion
4 measure that voters rejected. The trial court concluded that the text at issue was
5 severable from the ballot measure and ruled that the remaining provisions of the measure
6 were, according to the plain text of the ... More...   $0 (10-04-2012 - OR)