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Ryan Martin v. State of Indiana Idiana Court of Appeals

On January 23, 2015, Starke County Sheriff’s Chief Detective Rob Olejniczak
and Jaime Fletcher conducted a search of a residence Detective Olejniczak
believed was owned by Martin’s mother following Martin’s consent.1 Martin
advised Detective Olejniczak that he was staying at the residence. Police
discovered a bag in the corner of the front porch containing drug paraphernalia,... More...
   $0 (06-30-2017 - IN)

Multiple Injury Trust Fund v. Tommy Garrett

¶1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Worke... More...   $0 (06-27-2017 - OK)

Multiple Injury Trust Fund v. Tommy Garrett

¶1 The dispositive issue presented on review is whether the claimant met the statutory definition of a "physically impaired person" at the time of the claimant's second on-the-job injury for purposes of determining eligibility for Multiple Injury Trust Fund (Fund) benefits. Subsumed in this determination is whether a duly-executed settlement agreement-memorialized on a form prescribed by the Worke... More...   $0 (06-27-2017 - OK)

Aristea Hupp v. Solera Oak Valley Greens Association

INTRODUCTION
Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea ... More...
   $0 (06-25-2017 - CA)

Aristea Hupp v. Solera Oak Valley Greens Association

Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea contends the tria... More...
   $0 (06-23-2017 - 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)

David White v. CitiMortgage, Inc.

David White thought he had saved his house from foreclosure. He paid the
mortgage servicer, CitiMortgage, Inc., thousands of dollars to undo a sale to the
1The Honorable William Jay Riley stepped down as Chief Judge of the United
States Court of Appeals for the Eighth Circuit at the close of business on March 10,
2017. He has been succeeded by the Honorable Lavenski R. Smith.
F... More...
   $0 (06-19-2017 - MO)

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)

Janet Pecher v. Owens-Illinois, Inc., et al.

The six cases consolidated on
appeal all involve claims related to asbestos exposure over
2 Nos. 16‐1799, 16‐2376, 16‐2377, 16‐2378, 16‐2379, 16‐2380
thirty years ago at a single Marshfield, Wisconsin plant which
produced fire doors.1 While complex on the surface, and
involving bulky appendices and appeals of separate orders,
the thrust o... More...
   $0 (06-07-2017 - WI)

City of Rollingwood, Texas v. Owen Brainard and Sally Brainard

This case arises from flooding on property belonging to Owen and Sally Brainard
that the City of Rollingwood allegedly caused. The Brainards sued the City for an intentional
constitutional taking. The City filed a plea to the jurisdiction, and the trial court denied the plea.
In its sole appellate issue, the City contends that the trial court erred in denying its plea to the
jurisd... More...
   $0 (05-31-2017 - TX)

Ann E. Gillotti v. Eugene W. Stewart

In this construction defect lawsuit by a homeowner, the jury found the general
contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction
(Davidson) -- negligent and liable for some, but not all, alleged violations of building
standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The
estate is a proper party where the deceden... More...
   $0 (05-19-2017 - )

Ronald Lenn v. Lane County

In this writ of review proceeding, petitioners Ronald
and Kathleen Lenn appeal a judgment of the circuit court
upholding Lane County’s partition of respondent Bottem’s
property and approval of a second home site on that property
under Measure 49 (2007). Petitioners contended in
the trial court that the county erred in approving the partition
because it depends on access fro... More...
   $0 (05-17-2017 - OR)

James Raymond Clary, as Personal Representative v. City of Crescent City

John Diehl, while a resident of Washington State, owned eight vacant lots in
Crescent City, California (City).
1
Diehl appeals from the superior court‘s denial of his
petition for a writ of administrative mandate, brought under Code of Civil Procedure
section 1094.5. Diehl‘s writ petition challenged the City‘s determinations that the
overgrown weeds and rubbish on his lots... More...
   $0 (05-02-2017 - )

Gerald Lynn West v. State of Indiana

On October 13, 2015, Terre Haute Police Department Officer Daniel LaFave
(“Officer LaFave”) initiated a traffic stop of a van driven by West, attached to a
trailer without operational brake lights. West produced a driver’s license but
was unable or unwilling to produce the vehicle’s registration and his proof of
insurance. West also denied knowing the name of his insurance pr... More...
   $0 (04-13-2017 - IN)

Carlin Robbins v. New Cingular Wireless, PCS, LLC d/b/a AT&T Mobility

Several Kentucky residents sued to stop a company from building
a cell-phone tower near their homes. They allege tort claims based on their concern that the
*This decision was originally filed as an unpublished opinion on January 30, 2017. The court has now
designated the opinion for full-text publication.
>
No. 16-5524 Robbins, et al. v. New Cingular Wireless Page 2
tower ... More...
   $0 (03-13-2017 - KY)

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)

My Three Sons, LTD., My Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel, M.D., P.A., and Christopher Riegel v. Midway/Parker Medical Center, L.P., Kinsman Ventures, LLC, Manhattan Construction Company, TD Industries, Inc., Southstar Fire Protection Company, CMA Management Company, and Midway Medical Center Owners Association, Inc.

Christopher Riegel and various entities affiliated with him––My Three Sons, Ltd., My
Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel,
M.D., P.A.––appeal the trial court’s dismissal of their lawsuit against appellees for failing to
comply with an order compelling arbitration of the dispute. In five issues, appellants complain
the trial court erred... More...
   $0 (03-09-2017 - TX)

Dale Lee Norman v. State of Florida

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On February 19, 2012, Dale Lee Norman received by mail a license issued
by the Florida Department ... More...
   $0 (03-06-2017 - FL)

Diego Armando Pacheco Manzo v. State of Indiana

On August 21, 2006, Pacheco was driving a red Chevrolet truck in Lafayette
when police officers initiated a traffic stop after pacing Pacheco’s vehicle as
traveling approximately forty-five miles per hour in a thirty-five-mile-per-hour
zone. Officers had been conducting surveillance of Pacheco for suspected drug
dealing prior to the stop. After a drug detection K-9 alerted to... More...
   $0 (02-16-2017 - IN)

Jim Boyle v. City of Portsmouth, Comcast

Portsmouth, NH - Jim Boyle, one of the owners of a Toyota dealership in Portmouth, sued the City of Portsmouth and Comcast on trespass and negligence theories claiming that his property flooded with sewage and his business was damaged as a direct result of a city sewer pipe traversing his property. He claimed that flooding prevented him from expanding is Toyota of Portsmouth Toyota business which... More...   $0 (02-04-2017 - NH)

Saticoy Bay, LLC v. Wells Fargo Home Mortgage

NRS 116.3116-.31168 2 grant a homeowners' association (HOA)
a superpriority lien for certain unpaid assessments and allow an HOA to
nonjudicially foreclose on such a lien if specific requirements are met. In
this appeal, we must determine whether these statutes violate a first
security interest holder's due process rights. We hold that neither the
HOA's nonjudicial foreclosure,... More...
   $0 (01-26-2017 - Nv)

STATE OF IOWA vs. KEVIN LEROY BAUDLER

On January 7, 2015, Assistance Chief Terry Miller, Deputy Gary Davis,
and Officer Todd Halverson executed a search warrant for an outbuilding and a
fifth-wheel camper located on a property in Winterset, Iowa. The search warrant
sought a 2009 Yamaha Rhino utility task vehicle (UTV) and a CAT skid loader
believed to be stolen, and sought permission to search the camper for
... More...
   $0 (01-25-2017 - IA)

Samuel Pinkston v. State of Indiana

In July 2016, Pinkston pled guilty to Class B felony dealing in
methamphetamine (manufacturing). The statutory sentencing range at the time
of his offense (April 2014) was six to twenty years, with an advisory sentence of
ten years, see Ind. Code Ann. § 35-50-2-5 (West 2012), but his plea agreement
called for a sentence of eight years, with six years to serve in a setting
... More...
   $0 (01-16-2017 - IN)

Hollie A. Beal v. Town of Stockton Springs

[¶1] Hollie A. Beal appeals from a judgment of the Superior Court
(Waldo County, R. Murray, J.) affirming a decision by the Town of Stockton
Springs’s Board of Selectman (the Board) determining that a structure owned
by Beal was a dangerous building or nuisance pursuant to 17 M.R.S. § 2851
(2016). Beal contends that (i) the Board violated her due process rights when
the Board a... More...
   $0 (01-12-2017 - ME)

Mario Deon Watkins v. State of Indiana

At some point, a confidential informant told Evansville Police Detective Chris
Goergen that he had observed cocaine, marijuana, and a firearm at a residence
in Evansville. In the late afternoon or early evening on December 16, 2014,
Detective Goergen spoke with the informant who had seen the firearm in the
residence earlier that day. The informant confirmed through a photo th... More...
   $0 (01-08-2017 - IN)

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