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Nuisance Law
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).
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*This decision was originally filed as an unpublished opinion on January 30, 2017.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)


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)


Defendant was convicted of two counts of child endangerment under ORS 163.575(1)(b), which prohibits knowingly permitting a minor “to enter or remain in a place where unlawful activity involving controlled substances is maintained or conducted.” The issue in this case is whether that statute is violated when a person knowingly possesses drugs in a container—here, a purse—while in a car with two ch... More...   $0 (01-03-2017 - OR)

Robert L. Dowell v. State of Indiana

On the evening of February 18, 2014, Officer Flaude Dillon (“Dillon”) of the
Logansport Police Department (“LPD”) was speaking with Sabrina Brewer
(“Brewer”) in the lobby of the Cass County jail. Dillon had been summoned to
the jail by the Cass County sheriff, to whom Brewer had earlier reported what
she was then telling Dillon: Brewer had just been to a home on Wabash Avenue <... More...
   $0 (01-01-2017 - IN)


BoDe Tower is an Oklahoma limited liability company which owns a tract of land in the Gooseneck Bend area of Muskogee County. The property lies less than three miles outside of the City of Muskogee near a sharp meander in the Arkansas River. In 2009, BoDe Tower began the process of securing authorization from state and federal officials for the construction of a telecommunications tower on the tra... More...   $0 (12-08-2016 - OK)


Plaintiff Eric Halbach (Halbach) suffered serious injuries when he fell as a result of uneven pavement on a public sidewalk adjacent to a commercial building owned by defendant 100 & 200 Clarendon Street, LLC (Clarendon), and
operated, leased, and maintained by one or more of the remaining defendants (collectively, Normandy). Halbach and his wife, Kathleen Halbach, subs... More...
   $0 (11-20-2016 - MA)

Harris County and Texas Commission on Environmental Quality v. International Paper Company

There are five dates or date ranges that are significant in this litigation. We
will give first an overview of their importance and then discuss each in more detail.
Next, we will provide an overview of the parties’ trial theories and discuss the key
rulings made by the trial court related to experts and the jury charge.

A. Significant historical dates

The first ... More...
   $0 (11-15-2016 - TX)

Dyshaun Tyrell Elliott v. State of Indiana

On June 10, 2014, the State charged Elliott with three counts of Dealing in
Cocaine, one as a Class A felony, and two as Class B felonies, and one count of
Maintaining a Common Nuisance, as a Class D felony.2 On December 17,
2015, pursuant to a plea agreement with the State, Elliott pled guilty to one
count of Dealing in Cocaine, as a Class B felony, and the other charges were... More...
   $0 (10-20-2016 - IN)

Leah S. Fink v. State of Indiana

On August 15, 2011, Michael Marshall, working as a confidential informant for
the Harrison County Sheriff’s Department, participated in a controlled buy that
was audio/video recorded. He called and arranged to purchase one gram of
methamphetamine for $100 at Fink’s home in Corydon. Jeremy Ripperdan
was Fink’s boyfriend at the time and often stayed at her home. Marshall knew ... More...
   $0 (10-20-2016 - IN)

Dakota Fraley v. State of Indiana

Fraley was born on November 16, 1993, and lived most of his life in Ripley
County with his mother. He began smoking marijuana at age twelve, drinking
alcohol at age thirteen, and experimenting with all other illegal narcotics except
for “LSD” and “mushrooms.” Appellant’s App. at 44. Fraley began to smoke
marijuana daily when he was thirteen, and he began to sell marijuana an... More...
   $0 (10-15-2016 - IN)

Ronald Weaver v. State of Indiana

On June 9, 2009, Elkhart County law enforcement officers executed a search
warrant at Weaver’s home. Weaver, his wife, and their two minor children
were present in the residence at that time. Among other things, the officers
located the following items inside the home: (1) .3 grams of methamphetamine
in the pocket of Weaver’s wife; (2) sixteen blister packs of pseudoephedrin... More...
   $0 (10-14-2016 - IN)

Quentin Thomas Henry, et al. v. Greater Ouachita Water Company

Plaintiffs are contract customers of defendant or household members
of the homes defendant contracted with to provide service. Defendant,
Greater Ouachita Waterworks, Inc. (“Greater Ouachita”), provides water
service to plaintiffs at their homes and/or places of employment. On August
4, 2015, plaintiffs filed a petition for damages and an injunction related to
the water ... More...
   $0 (10-13-2016 - LA)

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