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Declaratory Judgment Law
 
Gate Guard Services, L.P. v. Thomas E. Perez

It is often better to acknowledge an obvious mistake than defend it. When the government acknowledges mistakes, it preserves public trust and confidence. It can start to repair the damage done by erroneously, indeed vindictively, attempting to sanction an innocent business. Rather than acknowledge its mistakes, however, the government here chose to defend the indefensible in an indefensible manner... More...   $0 (07-02-2015 - TX)

Elise Beck Glickert v. The Loop Trolley Transportation Development District

In 2013, four individuals—Elsie Beck Glickert, Jen Rivenes Jensen, Irene
Franklin, and Peter Sarandos—filed a five-count complaint(“the Complaint”) against
a number of defendants seeking declaratory and injunctive relief from the
The Honorable Timothy L. Brooks, United States District Judge for the
1
Western District of Arkansas, sitting by designation.
-2-
orga... More...
   $0 (07-01-2015 - MO)

Webb Golden Valley, L.L.C. v. State of Minnesota

This appeal arises from a dispute over the State of Minnesota’s proposed
conveyance of land to the Golden Valley Housing and Redevelopment Authority
(“HRA”) pursuant to Minn. Stat. § 161.44 (2014), which governs the relinquishment of
land no longer needed for trunk highway purposes. Respondent Webb Golden Valley,
LLC (“Webb”) owns nearby land and challenges the proposed ... More...
   $0 (07-01-2015 - MN)

Bottrell Family Investments Limited Partnership v. Diversified Financial, Inc

¶1 Bottrell Family Investments filed this breach of contract action in the Thirteenth
Judicial District Court, Yellowstone County, seeking damages and a declaratory
judgment against Diversified Financial, Inc., Stephen A. Zabawa, and Jason Blair
(collectively, “Defendants”). After both Bottrell and Defendants moved for summary
judgment, the District Court entered judgment in D... More...
   $0 (06-30-2015 - MT)

Arizona State Legislature v. Arizona Independent Redistricting Commission

In 2000, Arizona voters adopted an initiative, Proposition
106, aimed at “ending the practice of gerrymandering
and improving voter and candidate participation in elections.”
App. 50. Proposition 106 amended Arizona’s Constitution
to remove redistricting authority from the Arizona
Legislature and vest that authority in an independent
commission, the Arizona Independen... More...
   $0 (06-29-2015 - DC)

Nine Syllables, LLC v. Gary C. Evans

This is an appeal from a take nothing and declaratory judgment rendered by the trial court following a bench trial. The trial court ordered that Nine Syllables, LLC (Nine) take nothing on its counterclaim against Gary C. Evans and declared the promissory note and deed of trust securing it, the subject of Nine’s counterclaim, were uncollectable and unenforceable by Nine.
The dispute arises ou... More...
   $0 (06-26-2015 - TX)

James R. Allen, et al. v. United Services Automobile Association

After James R. Allen and Diane Z. Allen (collectively, the Allens) purchased
building ordinance and law (BOL) insurance from United Services Automobile
Association (USAA) covering 50% of their home’s value, they suffered no losses
triggering payment. Now the Allens seek to recover a portion of their premium
payments because they assert they would have elected to pay for BOL insur... More...
   $0 (06-25-2015 - FL)

Tracfone Wireless, Inc. v. State of Idaho

This is an appeal out of Ada County from a declaratory judgment holding that TracFone
is a telecommunication provider under Idaho Code section 31-4802(15)(d). We affirm that
judgment.

I.
Factual Background.
TracFone Wireless, Inc., is a non-facilities-based commercial mobile radio service
provider (a pure wireless reseller) that provides prepaid wireless telecommunicat... More...
   $0 (06-23-2015 - ID)

Stephen Kimbel v. Marvel Entertainment, L.L.C.

In Brulotte v. Thys Co., 379 U. S. 29 (1964), this Court held that a patent holder cannot charge royalties for the use of his invention after its patent term has expired. The sole question presented here is whether we should overrule Brulotte. Adhering to principles of stare decisis, we decline to do so. Critics of the Brulotte rule must seek relief not from this Court but from Congress.
I In ... More...
   $0 (06-22-2015 - DC)

General Drivers & Helpers Union, Local No. 554 v. County of Douglas, Nebraska

This case involves a dispute between Douglas County,
Nebraska (the County), and General Drivers & Helpers Union,
Local No. 554 (the Union), regarding the construction of its
collective bargaining agreement (the CBA). The issue to be
determined is whether the word “start” in the CBA means the
starting wage for all employees in a certain classification or
whether only the... More...
   $0 (06-19-2015 - NE)

Alachua County v. Expedia, Inc.

This case is before this Court for review of the decision of the First District
Court of Appeal in Alachua County v. Expedia, Inc., 110 So. 3d 941 (Fla. 1st DCA
2013). In its decision, the district court certified the following question of great
public importance:
DOES THE “LOCAL OPTION TOURIST DEVELOPMENT ACT,”
CODIFIED AT SECTION 125.0104, FLORIDA STATUTES,
IMPOSE A T... More...
   $0 (06-11-2015 - FL)

George W. Clay v. Mountain Valley Mineral Limited Partnership

[¶1] Appellants George and Dana Clay, et. al (hereinafter referred to collectively as
“the Clays”) assert the district court erred by declaring Appellee Mountain Valley
Mineral Limited Partnership (Mountain Valley) owned title to mineral interests in certain
Converse County, Wyoming property. The district court granted summary judgment in
favor of Mountain Valley, concluding a... More...
   $0 (06-11-2015 - WY)

Lloyd Douglas v. City of Kemp, Texas

Appellant Lloyd Douglas appeals from the trial court’s order granting appellee City of Kemp, Texas’s plea to the jurisdiction. On appeal Douglas argues that his claims against the City are not barred by governmental immunity. We affirm the trial court’s order.
BACKGROUND
Douglas built a nursing facility in Kemp, a city located in Kaufman County, Texas. According to Douglas, before he... More...
   $0 (06-09-2015 - TX)

Georgiacarry.org.Inc. v. The U.S. Army Corps of Engineers

This case involves a Second Amendment challenge to a federal regulation
that bans loaded firearms and ammunition on property managed by the U.S. Army
Corps of Engineers. The district court denied the plaintiffs’ motion for a
preliminary injunction in a thorough and thoughtful order. Before this Court, the
plaintiffs hang their hats on a single, sweeping argument: that the regulat... More...
   $0 (06-09-2015 - GA)

Woods View II, LLC v. Kitsap County

Appellants Woods View II, LLC (WVII) and Darlene Piper appeal
from the superior court' s grant of summary judgment in Kitsap County' s ( the County) favor on
WVII' s claims of negligence, tortious interference, and takings. These claims arise from the
alleged delay of several permits and governmental decisions required•for a project ofWVII. WVII
and Piper argue that ( 1) their cl... More...
   $0 (06-09-2015 - WA)

Austin Jockey Club, Ltd. v. Dallas City Limits Property Co., L.P.

In two issues, appellant Austin Jockey Club, Ltd. (AJC) contends the trial court erred by granting a declaratory judgment that AJC’s termination of a stock purchase agreement with appellee Dallas City Limits Property Co., L.P. (DCL) was wrongful and ineffective and by awarding attorney’s fees to DCL. We affirm the trial court’s judgment.
Factual Background
In August 2005, Longhorn Do... More...
   $0 (06-05-2015 - TX)

Becky Broussard and Joseph Broussard v. Texas Farm Bureau Underwriters

In this appeal, the insureds assert the trial court erred in granting summary judgment in favor of an insurance company and declaring that the insurance company owed them no duty to defend or indemnify. We affirm.
BACKGROUND
Texas Farm Bureau Underwriters (Farm Bureau) issued a homeowner’s insurance policy to Becky and Joseph Broussard for their property in Dayton,
2
Liberty Coun... More...
   $0 (06-04-2015 - TX)

ACE Cash Express, Inc. v. The City of Denton, Texas

Appellant ACE Cash Express, Inc. appeals the trial court’s order granting appellee The City of Denton, Texas’s plea to the jurisdiction. We affirm.
Background Facts
In 2011, the Credit Services Organizations Act (the CSO Act) amended the finance code by providing for the licensing and regulation of credit access
1See Tex. R. App. P. 47.4.
2
businesses (CABs). See Tex. Fin. ... More...
   $0 (06-04-2015 - TX)

Thomas F. Merry v. Northwest Trustee Services, Inc. and Nationstar Mortgage, LLC

Thomas Merry appeals the dismissal of a declaratory judgment action in which he sought to establish the priority of his deed oftrust on a residential property after a trustee, claiming to act on behalf of Nationstar Mortgage, LLC, commenced nonjudicial foreclosure. Relying on Rain v. Metropolitan Mortgage Group, 175 Wn.2d 83, 93, 285 P.3d 34 (2012), Mr. Merry contends that Nationstar had no enforc... More...   $0 (06-04-2015 - WA)

Nunamta Aulukestal v. State of Alaska

Challenged in this case are land and water use permits allowing intensive
mineral exploration on State land. The main question we address is whether the
Department of Natural Resources (DNR) had to give public notice before issuing the
permits. Because the Alaska Constitution requires public notice when interests in land
are transferred, the answer to this question depends on wheth... More...
   $0 (05-29-2015 - AK)

Danny Homan v. Terry Branstad

During the 2013 legislative session, the Iowa General Assembly appropriated funds for the operation of the Iowa Juvenile Home (IJH) in Toledo for the 2014 fiscal year (July 1, 2013 to June 30, 2014). Approximately five months into that fiscal year, the Iowa Department of Human Services (DHS) decided to close the home and find alternative, judicially approved placements for the twenty-one girls who... More...   $0 (05-29-2015 - IA)

Jamie Harvel and the Austin Police Association v. Texas Department of Insurance - Division of Workers' Compensation, and Commissioner Rod Borderlon, in his Official Capacity

Officer Jamie Harvel and the Austin Police Association, appellants, bring this
interlocutory appeal challenging a plea to the jurisdiction granted in favor of appellees,
2
the Division of Workers’ Compensation of the Texas Department of Insurance (“the
Division”) and the Commissioner of Workers’ Compensation David Mattax, in his official
capacity.1 We affirm the trial c... More...
   $0 (05-21-2015 - TX)

Ceellu Williams v. Texas Tech University Health Sciences Center

Ceellu Williams was a student in the Doctor of Physical Therapy program at Texas Tech University Health Sciences Center. She failed a clinical internship course one summer and successfully repeated it the next summer. She then failed another clinical internship course. TTUHSC dismissed Williams from the program, without allowing Williams to repeat the second failed course, based on a policy which ... More...   $0 (05-21-2015 - TX)

Rebecca Terrell v. Commissioner of Education Michael L. Williams, Texas Education Agency, and Pampa Independent School District

Rebecca Terrell, acting pro se, appeals the trial court’s order granting the pleas to the
jurisdiction of appellees Commissioner of Education Michael L. Williams, Texas Education Agency
(the Commissioner), and Pampa Independent School District. For the following reasons, we affirm
the trial court’s order.1
BACKGROUND
Terrell was employed by the School District under a proba... More...
   $0 (05-21-2015 - TX)

CTMI, LLC, Mark Boozer and Jerrod Raymond v. Ray Fischer and Corporate Tax Management, Inc.

CTMI, LLC, Mark Boozer, and Jerrod Raymond appeal the trial court’s final judgment ordering them to pay the attorney’s fees of Ray Fischer and Corporate Tax Management, Inc. related to appellees’ claim for breach of contract. In two issues, appellants argue that the trial court abused its discretion by admitting expert testimony that was based on a review of billing records that had not been... More...   $0 (05-20-2015 - TX)

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