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Real Property Law
 
United States of America v. City of Des Plaines, Illinois

Chicago, IL - Justice Department and City of Des Plaines, Illinois Settle Lawsuit Over Alleged RLUIPA Violations

The Justice Department today announced an agreement with the City of Des Plaines, Illinois, to resolve allegations that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it denied a rezoning application to allow The Society of Amer... More...
   $0 (06-07-2017 - IL)

Williams and Fickett v. County of Fresno

As a general rule, a party must exhaust available administrative remedies as
a prerequisite to seeking relief in the courts. “In the property tax context,
application of the exhaustion principle means that a taxpayer ordinarily may not
file or pursue a court action for a tax refund without first applying to the local
board of equalization for assessment reduction under [Revenue and... More...
   $0 (06-07-2017 - CA)

Hough Oilfield Service, Inc. d/b/a Hotco v. Randall Newton and Linda Newton

¶1 Appellant Hough Oilfield Service, Inc., appeals a trial court order dismissing its suit against Appellees Linda Newton and Randall Newton. After review, we affirm the dismissal as to Randall Newton, reverse the dismissal as to Linda Newton, and remand for further proceedings consistent with this Opinion.

FACTS AND PROCEDURAL BACKGROUND

¶2 While employed with Appellant, Linda e... More...
   $0 (06-06-2017 - OK)

United States of America v. Christina Renee Caveny Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Dallas Woman Pleads Guilty For Her Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Christina Renee Caveny, 37, of Dallas, appeared in federal court U.S. Magistrate Judge Irma Carrillo Ramirez and pleaded guilty to one count of conspiracy to commit mail fraud.

Caveny faces a maximum statutory penalty of five years in feder... More...
   $0 (06-06-2017 - TX)

United States of America v. Albert Shih-Der Chang

Dallas, TX - Dallas Technology Company’s Former Lead Systems Engineer Pleads Guilty to Mail Fraud and Money Laundering Charges

Albert Shih-Der Chang, the former Lead Systems Engineer for a Dallas technology company known as One Technologies, appeared in federal court and pleaded guilty, before U.S. Magistrate Judge Paul D. Stickney, to one count of mail fraud and one count of money launde... More...
   $0 (06-06-2017 - TX)

Sara Lowry v. City of San Diego Ninth Circuit Court of Appeals - San Francisco, California

When a burglar alarm in a commercial building was
triggered shortly before 11:00 p.m. on a Thursday night, San
Diego Police Department officers responded. Accompanied
by a police service dog, Bak, the officers inspected the
building and found a door to a darkened office suite propped
open. Unable to see inside the suite, one of the police officers
warned: “This is the San D... More...
   $0 (06-06-2017 - CA)

Mark D. Niederquell v. Bank of America, N.D.

In 2005, Plaintiffs obtained a loan from Countrywide Home Loans, Inc., to
refinance their mortgage. The loan was secured by a deed of trust and evidenced by a
promissory note indorsed in blank. Plaintiffs made regular loan payments until 2009
when they defaulted. In 2011, Bank of New York Mellon asserted that it was the holder
* After examining the briefs and appellate record, this... More...
   $0 (06-06-2017 - CO)

UNITED STATES OF AMERICA v. VICTOR OROZCO UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Because the argument in support of the validity of the stop of Orozco’s tractor-trailer is intertwined with the administrative scheme that Nevada has adopted to regulate commercial motor vehicles, we begin with a discussion of that regulatory scheme. The Nevada Legislature has charged the Nevada Transportation Authority with regulation of motor carriers such as the tractor-trailer driven by Orozc... More...   $0 (06-06-2017 - NV)

UNITED STATES OF AMERICA v. JESUS PIMENTEL-LOPEZ Pimentel-Lopez Gets 20 Years For Trafficking Ten Pounds Of Meth

A jury convicted Defendant Jesus Pimentel-Lopez of possessing methamphetamine, with intent to distribute it, and conspiracy to accomplish the same. The jury found specifically that the government had proved its case beyond a reasonable doubt with respect to less than 50 grams of methamphetamine. The sentencing judge, though, found that the government had proved by a preponderance of the evidence... More...   $0 (06-06-2017 - MT)

UNITED STATES OF AMERICA — v. — ROSS WILLIAM ULBRICHT, a/k/a DREAD PIRATE ROBERTS, a/k/a SILK ROAD, a/k/a SEALED DEFENDANT 1, a/k/a DPR Judges Question Ross Ulbricht’s Life Sentence in Silk Road Appeal

In February 2015, a jury convicted Ross William Ulbricht on seven counts
arising from his creation and operation of Silk Road under the username Dread
Pirate Roberts (“DPR”).1 Silk Road was a massive, anonymous criminal marketplace that operated using the Tor Network, which renders Internet traffic
through the Tor browser extremely difficult to trace.2 Silk Road users principally
b... More...
   $0 (06-06-2017 - NY)

UNITED STATES OF AMERICA - v. - DAVID DELVA, a/k/a Sealed Defendant 4

The present prosecution of Delva had its origin in the kidnapping and robbery of a2
woman and a man in the Bronx, New York, which began on Labor Day weekend in 2012. Those3
crimes were investigated by a joint task force of Federal Bureau of Investigation ("FBI") agents and4
New York City Police Department ("NYPD") detectives and officers (collectively or in combination,5
the "Offi... More...
   $0 (06-06-2017 - NY)

UNITED STATES OF AMERICA v. JOHNATHAN DELAURA, AKA Jon Dulak Yorktown sex offender sentenced to maximum in Putnam

In 2011 and 2012, DeLaura shared and downloaded violent child
pornography; he tricked two teenagers into sending him nude photos of
themselves and threatened to make the photos public if they refused to meet him
4
for sex; and he sexually abused one of them. Federal agents detected his child
pornography on a peer-to-peer site, and, at about the same time, the two
teenagers... More...
   $0 (06-06-2017 - NY)

William Brady Foster a/k/a Brady Foster v. State of Mississippi

On September 17, 2015, Lance Moak noticed his air-conditioning unit had been
removed from his bedroom window, and the television set in his bedroom was missing.
Upon further inspection, Moak noticed the back door of his house ajar. His rifle and sawed
off shotgun were missing. The cabinets where he kept his ammunition were ajar, and a
drawer in another room appeared to have been... More...
   $0 (06-06-2017 - MS)

Diana Fay Bass v. Richard H. Bass

Pro se appellant Diana Fay Bass appeals from a final decree of divorce incorporating the terms of a mediated settlement agreement (MSA). After she and appellee Richard H. Bass entered into the MSA, Diana sought to have the trial court set it aside. As we read Diana’s brief, she raises three issues: (1) the trial court erred in failing to revoke the MSA because it was procured by fraud and duress; ... More...   $0 (06-06-2017 - TX)

Herring Bancorp, Inc.; C.C. Burgess; and C. Campbell Burgess v. John Mikkelsen, acting solely in his capacity as Trustee of the John Mikkelsen Trust

This appeal arises from a minority shareholder claim contesting the validity of a stock redemption purportedly implemented in violation of the articles of incorporation of a closely-held corporation and the related claims of minority oppression and breach of fiduciary duties. Appellants, Herring Bancorp, Inc., C.C. Burgess, and C. Campbell
Burgess, contend the trial court erred by setting asid... More...
   $0 (06-06-2017 - TX)

Clinton W. (Buddy) Pike, Sr., Daniel L. Walker, W. Tobin Wilson, VHSC Cement, LLC and Few Ready Mix Concrete Co. v. Texas EMC Management, LLC, Texas EMC Products, LP and EMC Cement, BV

In numerous issues, appellants, Clinton W. Pike Sr., Daniel L. Walker, W. Tobin Wilson, VHSC Cement, LLC, and Few Ready Mix Concrete, challenge a judgment in favor of appellees, Texas EMC Management, LLC, Texas EMC Products, LP, and EMC Cement, BV, stemming from the breakup of a partnership and the subsequent purchase of the partnership’s assets at a foreclosure sale. In a cross-appeal, EMC Manage... More...   $0 (06-06-2017 - TX)

United States of America v. Montai Riley

This case calls upon us to clarify the rules by which police may seek to
find miscreants: When a fugitive subject to an arrest warrant for armed robbery hides in a motel,
may the government track his cell phone’s GPS coordinates to locate and arrest him?
Yes, the district court held—and we affirm, holding that the government’s detection of
Montai Riley’s whereabouts in this case, w... More...
   $0 (06-06-2017 - TN)

Ashton Whitaker v. Kenosha Unified School District No. 1 Board of Education

Ashton (“Ash”) Whitaker is a 17
year‐old high school senior who has what would seem like a
simple request: to use the boys’ restroom while at school.
2 No. 16‐3522
However, the Defendants, the Kenosha Unified School District
and its superintendent, Sue Savaglio, (the “School District”)
believe that the request is not so simple because Ash1 is
a transgender b... More...
   $0 (06-06-2017 - WI)

IAR Systems Software, Inc. v. The Superior Court of San Mateo County ( Nadim Shehayed, Real Party in Interest

In these writ proceedings, petitioners IAR Systems Software, Inc. (IAR) and Valla
and Associates, Inc. (Valla), seek a writ of mandate ordering the trial court to vacate its
finding of June 30, 2016, that Valla, a law firm, should be deemed part of the
“prosecution team” prosecuting Nadim Shehayed for embezzlement. In addition,
petitioners request that we set aside the related orde... More...
   $0 (06-06-2017 - CA)

United States of America v. Jeffrey Butler Federal Courthouse - Albany, NY

Albany, NY - Schenectady Man Sentenced to 87 Months For Child Pornography Offenses

Jeffrey Butler, age 33, of Schenectady, New York, was sentenced to serve 87 months in prison for receiving and possessing child pornography.

United States District Judge Mae A. D’Agostino also sentenced Butler to 15 years of supervised release, to begin following his release from prison.

A... More...
   $0 (06-05-2017 - NY)

Byron Perry a/k/a Byron Levar Perry a/k/a Byron L. Perry v. State of Mississippi

In the fall of 2009, Shetamarah “Tamie” Willis met Perry, a sometime construction
worker and gravedigger, at a nightclub in Columbus, Mississippi. The two embarked on a
relationship that was physically intimate but not exclusive. Willis also was involved
romantically with James Henry. In April 2010, Willis told Perry that she did not want to take
their relationship any further beca... More...
   $0 (06-05-2017 - MS)

Michael Cohen as Director, etc. v. Callander Associates Landscape Architecture, Inc.

After Governor Brown announced his intention to dissolve redevelopment
agencies, but before the legislation passed, City of Galt entered into an agreement (the
Cooperative Agreement) with its former redevelopment agency under which the former
redevelopment agency agreed to finance several parts of the redevelopment plan, totaling
more than $22,000,000. To obtain money for the finan... More...
   $0 (06-05-2017 - CA)

RONNIE TRAVIS KRUSE vs STATE OF FLORIDA

In May 2015, appellant had an altercation with the victim outside of the victim’s home. According to the victim, appellant came from across the street and started screaming at him, accusing him of either selling or giving drugs to a present third person. The victim claimed that appellant grabbed him, threw him into the bushes, and broke his jaw by hitting him in the face.

Victim did ... More...
   $0 (06-04-2017 - FL)

Li Guan v. Yongmei Hu

Defendant Yongmei Hu (Hu) appeals from a judgment
entered in favor of plaintiff Li Guan (Guan). Guan initially
sued Hu for breach of a contract. However, several months
before trial, the trial court dismissed the breach of contract
claim with prejudice. As a result, Guan proceeded to trial on
various fraud-based claims (e.g., rescission, cancellation, and
fraud in the induc... More...
   $0 (06-04-2017 - CA)

Deadrick Garrett v. State of Tennessee Mom of defendant's kids says she picked him up after he shot man she was dating

After a jury trial, the Petitioner was convicted of first-degree premeditated murder in the stabbing death of his half-brother, Rashad Miller, and was sentenced to life imprisonment. On direct appeal, this court summarized the facts presented at trial as follows:
At trial, the nephew of both the [Petitioner] and victim testified that he lived with the victim at the time of the killing. He rec... More...
   $0 (06-03-2017 - TN)

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