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Construction Law
 
Hope DeCampli-Mintz v. County of Santa Clara

Government Code1 section 915, subdivision (a) (section 915(a)), establishes the manner of delivery of a claim against the government. It requires that a claim be presented to a local public entity by “[d]elivering it to the clerk, secretary or auditor,” or by mailing it to one of these officials “or to the governing body.” Section 915, subdivision (e) (section 915(e)), further provides tha... More...   $0 (12-08-2012 - CA)

George J. Borik v. Alameda Unified School District

This case involves the validity of a parcel tax approved by Alameda Unified School District (District) voters in June 2008 as Measure H. The issue before us is whether the tax violates Government Code section 50079, which authorizes school districts to levy “qualified special taxes.” (Gov. Code, § 50079, subd. (a).)1 Such taxes are statutorily defined as “taxes that apply uniformly to all t... More...   $0 (12-08-2012 - CA)

City of Houston v. James & Elizabeth Carlson

Appellant City of Houston appeals from the district court‟s denial of the City‟s motion for judgment and the entry of judgment reversing the City‟s order requiring appellees to vacate their property. In three issues, the City argues the district court erred in reversing the City‟s order to vacate and entering final judgment in favor of appellees because (1) the district court did not have ... More...   $0 (12-07-2012 - TX)

Sharon Ann Gribble v. Brent Allen Layton

Appellant Sharon Ann Gribble, individually and in her capacity as guardian of the person and estate of Michael Ray Gribble, her disabled adult son, sued Michael’s alleged biological father, appellee Brent Allen Layton, for a determination of parentage and child support. Layton moved to dismiss the suit on statute-of-limitations grounds and, alternatively, on the grounds that Sharon lacked standi... More...   $0 (12-07-2012 - TX)

Edward Muldowney v. The Young Men's Christian Association of Greater Oklahoma City

Edward Muldowney and Michelle Muldowney sued The Young Men's Christian Association of Greater Oklahoma City and Camp Classen YMCA on premises liability theories claiming:

1. Plaintiff, Edward Muldowney, is a Texas resident.

2. Plaintiff, Michelle Muldowney is a Texas resident.

3. Defendant, The Young Men’s Christian Association of Greater Oklahoma City, is a Corporatio... More...
   $1 (12-07-2012 - OK)

Claude Wilkinson v. John W. Bode

Plaintiffs (Buyers) contracted to purchase real property from Defendants (Sellers). Buyers appeal from summary judgment entered against them on their breach of contract claim. Sellers appeal from the district court’s failure to award attorney’s fees. We consolidated the appeals for disposition; we affirm the summary judgment, reverse on the issue of attorney’s fees, and remand for a determin... More...   $0 (12-06-2012 - OK)

Shaun Lacoursiere v. Camwest Development, Inc. & Eric H. Campbell

To be considered compensation protected by the

provisions of Washington's anti-kickback statute, chapter 49.52 RCW (the Wage

Rebate Act or WRA), a bonus that is discretionary must be given regularly to create an

implied contract and reliance, otherwise it is a mere gratuity. Additionally, the Wage

Rebate Act is violated only where an employer collects a "reb... More...
   $0 (12-06-2012 - WA)

Fairway Estates v. Unknown Heirs And Devisees Of Robert D. Young, Et Al,

The Fairway Estates Association of Apartment Owners -- a

condominium association comprised entirely of persons owning their apartment

units by way of leasehold -- appeals from the trial court's determination that its

statutory lien for unpaid assessments attaches only to a member's leasehold

interest in that unit. The Association asserts that, because both the relev... More...
   $0 (12-06-2012 - WA)

David L. Gladwell v. Douglas James Reinhart

¶1 This case presents a certified question of law from the Tenth Circuit Court of Appeals. Dr. Douglas Reinhart claimed an exemption in bankruptcy for 75 percent of wages that he earned prior to filing his bankruptcy petition but that were either paid to or still owing to Dr. Reinhart after the date of the petition. Dr. Reinhart based his claim on section 1673 of the federal Consumer Credit Prote... More...   $0 (12-04-2012 - UT)

Henry Ruppel v. CBS Corporation

Henry Ruppel filed suit against CBS in Illinois alleging CBS’s predecessor-in-interest, Westinghouse Corporation, caused the mesothelioma from which he currently suffers. Westinghouse had included asbestos in the turbines it supplied to the United States Navy, and Ruppel was allegedly exposed to it during his Naval service and later when he worked on an aircraft carrier as a civilian. CBS remove... More...   $0 (12-04-2012 - IL)

Anadarko Petroleum Corporation v. BNW Property Co.

The issue in this appeal is whether two deeds that conveyed a 1/3rd mineral interest also conveyed a 4/9th executive right incident to the mineral interest. Appellant Anadarko Petroleum Corp. argues that the entire 4/9ths executive right passed under the deeds. Appellee BNW Property Co. takes a contrary position, contending that only a 1/3rd (3/9ths) executive right passed under the deeds and th... More...   $0 (12-03-2012 - TX)

Marilyn Wehlung v. Robert John Schultz

Marilyn Wehlung sued Robert John Schultz on a negligence theory claiming:

1. That the Plaintiff is the owner of and in possession of certain real property, having an address of 9801 and 9803 Larkspur, Oklahoma City, Cleveland County, Oklahoma, which is more particularly described as follows, to-wit

Lot 11, Shadowlake Vifiage UT, being a part of the Northeast
Quarter of Sectio... More...
   $25000 (12-02-2012 - OK)

William C. Jarvis v. K&E Re One, LLC

William C. Jarvis and Cindy Jarvis appeal (I) the trial court’s judgment granting K&E Re One, LLC (K&E) declaratory and injunctive relief and awarding K&E attorney’s fees, and (2) the trial court’s grant of summary judgment in favor of Stewart Title Company (Stewart Title) and Bayview Loan Servicing (Bayview). In four points of error, the Jarvises contend the trial court erred by (I) denying... More...   $0 (12-02-2012 - TX)

Phillips Strickland v. Gary L. Joeris

Phillip Strickland appeals the trial court’s take-nothing summary judgment in his suit against Gary L. Joeris and Joeris General Contractors, Ltd. We reverse the trial court’s judgment on Strickland’s tortious interference with contract claim and remand that part of the case for further proceedings. We affirm the trial court’s judgment on the negligence claims.

BACKGROUND

Phi... More...
   $0 (12-02-2012 - TX)

William Edward Baty v. Morequity, Inc.

Following a nonjudicial foreclosure sale, Appellee MorEquity, Inc. brought a forcible detainer action in justice court seeking possession of property located at 26318 Watercypress Court, Cypress, Texas 77433. The justice court entered a judgment in favor of MorEquity and against the property’s occupants, appellants William Edward Baty and Melody Prather. On de novo review, the County Civil Court... More...   $0 (12-01-2012 - TX)

Antonella Apuzzo v. Richard E. Monore, Jr.

In this appeal, we consider whether a suit for non-dispositive administrative consolidation of several trusts, filed by guardians of a partially incapacitated person pursuant to Section 112.054 of the Texas Property Code, triggered an in terrorem1 clause in the wills creating the trusts, thus resulting in a forfeiture of the ward’s interest in the trusts. We affirm.

BACKGROUND

The... More...
   $0 (12-01-2012 - TX)

Katrina Lucero v. Nanette Holbrook

[¶1] Nanette Holbrook, the appellee, left her car unattended with the motor running in her private driveway while she briefly returned to her home to retrieve her pocketbook. In the interim, Colbey Emms (Emms), a methamphetamine user, stole her vehicle. Emms later got into a high-speed chase with the police, which ended when the car he was driving collided with a vehicle driven by Katrina Lucero ... More...   $0 (11-30-2012 - WY)

City of Tulsa v. Red Fork Properties, LLC

The City of Tulsa sued Red Fork Properties, LLC on an eminent domain theory seeking to obtain by condemnation certain rights, title and interested from Defendant for public use. The City alleged as follows:


1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and statutes of the State of Oklahoma under a charter form of govern... More...
   $0 (11-30-2012 - OK)

James Brock v. Christopher Connelly

James Brock, Terri Brock and Lorie Limbaugh sued Christopher Connelly and Connelly-Reynolds Construction, Inc. on auto negligence and respondeat superior theories claiming:

1. That the Plaintiffs, James and Tern Brock, are residents of Tulsa County, Oklahoma.

2. That the Plaintiff, Lone Limbaugh is a resident of Douglas County, Colorado.

3. That the Defendant, Christophe... More...
   $0 (11-30-2012 - OK)

Roger Chavez v. Mercantil Commercebank, N.A.

Roger Chavez is a customer of Mercantil Commercebank, N.A. (“the bank”). This case involves an allegedly fraudulent payment order that resulted in the bank’s transfer of $329,500 from his account to someone in the Dominican Republic. Chavez sued the bank to recover the $329,500. In response to Chavez’s complaint, the bank asserted, inter alia, an affirmative defense premised upon Fla. Stat... More...   $0 (11-29-2012 - FL)

Ethan L. Call v. The Town of Thayne

[¶1] Ethan L. Call filed a complaint in district court after making an unsuccessful construction bid to the Thayne, Wyoming, City Council (the “Town of Thayne”). The district court granted the Town of Thayne’s combined motion for summary judgment and motion to dismiss and Call appeals. We summarily affirm.

ISSUES

[¶2] Call states four issues:

1. The district court erre... More...
   $0 (11-27-2012 - WY)

Susan Edwards v. GHS Property and Casualty Insurance Company

Susan Edwards sued GHS Property and Casualty Insurance Company on a breach of contract theory. Plaintiff made the following allegations in her Petition:


1. Plaintiffs property at issue is located in Tulsa County, Oklahoma.

2. At all times pertinent hereto, Plaintiff was insured by GHS Property and Casualty Insurance Company (GHS).

3. Defendant OHS is an Oklahoma co... More...
   $1 (11-27-2012 - OK)

Dana Williams v. Dustin Bue Ruhland

Dana Williams sued Dustin Blue Ruhland and Signature Roofing Eagle Construction, Inc. on assault and battery theory, negligence and intentional infliction of emotional distress theories. Plaintiff alleged the following:

1. At all times relevant to this suit, Petitioner, Dustin Ruhland, (hereinafter “Ruhland”), resides in Tulsa County. All actions and events occurred in Tulsa County. T... More...
   $1 (11-27-2012 - OK)

Bright Construction Corporation v. Michael Walz

Bright Construction Corporation sued Michael Walz in an indebtedness theory. Plaintiff alleged the following:

1. Plaintiff is a corporation organized and existing under the laws of the StateS of Oklahoma with its principal place of business in Tulsa County. Defendant is a resident of Tulsa County.

2. Pursuant to agreement between Plaintiff and Defendant, Plaintiff provided labor and... More...
   $1 (11-26-2012 - OK)

City of Santa Maria v. Richard E. Adam

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)

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