Mandamus Law
 
David Okasaki v. City of Elk Grove

Appellants David and Cathryn Okasaki petitioned for a writ of administrative mandamus against the City of Elk Grove, the Elk Grove City Council (collectively the City), and real parties in interest Chisorum and Emmanuel Okwuosa. The writ petition challenged a variance issued by the City of Elk Grove allowing the Okwuosas to build a pool and spa within a setback bordering the Okasakis’ property. ... More...   $0 (02-24-2012 - CA)

Long Green Valley Association v. Bellevale Farms, Inc.

Appellants Long Green Valley (“LGVA”) and John and Susan Yoder (“the Yoders”) appeal the issuance of a declaratory judgment by the Circuit Court for Baltimore County in favor of appellees: Bellevale Farms, Inc., Bellevale Farms Limited Partnership, Prigel Family Creamery, Inc., and Robert E. and Carol A. Prigel (collectively, “Bellevale”), and the Maryland Agricultural Land Preservatio... More...   $0 (02-14-2012 - MD)

Virginia Stewart v. Town of Watertown

The principal issue in this appeal is whether a town clerk is entitled to receive continued salary payments as a matter of law while he or she is not performing his or her statutory duties as town clerk, but has not been removed from office pursuant to statute.

The defendants, the town of Watertown (town), and certain of its duly elected or appointed officials,1 appeal2 from the judgment of... More...
   $0 (02-16-2012 - CT)

Anthony P. Sauer v. United States Department of Education

The California Department of Rehabilitation (DOR) and the United States Department of Education appeal from the district court’s decision enforcing a 2008 arbitration award issued pursuant to 20 U.S.C. § 107d-1(a) of the Randolph- Sheppard Vending Stand Act (the Act). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

I

Some familiarity with the structure of the R... More...
   $0 (02-03-2012 - OK)

Kristin M. Perry v. Edmond G. Brown, Jr.

In this latest round of litigation concerning California’s adoption of an initiative constitutional amendment to prohibit same-sex marriage, we must decide whether the district court abused its discretion by ordering the unsealing of the video recording of the trial, which had purportedly been prepared by the trial judge for his in-chambers use only and was later placed in the record and sealed ... More...   $0 (02-08-2012 - CA)

GM Oil Properties, Inc. v. Sheridan Wade

In this interlocutory appeal, Bill O. Wood, challenges the trial court’s August 4, 2010 order denying his motion to compel arbitration between himself and Sheridan Wade. The order expressly applies only to Wade’s claims against Wood in Wood’s individual capacity.[1] Wood raises two issues in which he contends that Wade is required to arbitrate these claims pursuant to a provision found in ... More...   $0 (01-26-2012 - TX)

James D. Batchelder v. Panning and Zoning Commission of the Town of Vernon

This administrative appeal concerns the ongoing efforts of the plaintiffs, James D. Batchelder and Glenn Montigny, to block the settlement of litigation between the defendant, the planning and zoning commission of the town of Vernon, and a developer, Diamond 67, LLC (Diamond). The plaintiffs’ claims in this appeal are enmeshed in the procedural history of two prior appeals to this court. See Dia... More...   $0 (01-24-2012 - CT)

Timothy Hennis v. Frank Hemlick

In Schlesinger v. Councilman, 420 U.S. 738 (1975), the Supreme Court held that principles of comity, respect for the expertise of military judges, and judicial economy weigh against federal court intervention in pending court-martial proceedings and in favor of requiring exhaustion of all available remedies within the military justice system before a federal court’s collateral review ("Councilm... More...   $0 (01-17-2012 - VA)

Karen White v. City of Pasadena

After her first termination from the City of Pasadena Police Department and subsequent reinstatement, Karin White brought a lawsuit in state court claiming that she had been discriminated against and harassed by the City due to its perception that she had a disability. After her second termination, she reiterated her discrimination and harassment claims in an administrative proceeding, where she a... More...   $0 (01-17-2012 - CA)

Catherine Trimboli v. County of Milwaukee

Catherine Trimboli, along with Daniel Carter, Tricia Carlson, Bryan Frankowiak, and Colin Briggs (all of whom we hereafter collectively refer to as “Trimboli”),[1] appeals the order denying her summary judgment motion requesting a declaration that she is a permanent, regularly-appointed sergeant. The trial court determined that Trimboli is not a permanent, regularly-appointed sergeant becaus... More...   $0 (01-04-2012 - WI)

McClennon Cook v. Robin M. Mountain

In five issues, Appellant McClennon Cook, appearing pro se, appeals the dismissal of his claims related to an on-the-job injury. His first four issues address the sufficiency of evidence presented in the administrative hearing on his worker’s compensation claim, and the fifth addresses the dismissal by the trial court of cause number 017-239433-09 for want of prosecution. Based on our review o... More...   $0 (01-13-2012 - )

Tracey L. Barber v. Commonwealth of Pennsylvania

Tracey L. Barber appeals pro se from the January 10, 2011, order of the Court of Common Pleas of Allegheny County (trial court), which sustained the preliminary objections of the various defendants and dismissed the complaint filed by Barber with prejudice. We affirm.

In December 2008, Barber filed a complaint with the trial court at GD 08-026638 against Cendant Mortgage, PHH Mortgage Servi... More...
   $0 (01-09-2012 - PA)

Arcadio D. Rodriguez v. Mark T. Womack

In this legal-malpractice case, we hold that for the purposes of res judicata, a judgment does not have preclusive effect if the court rendering it lacked jurisdiction over the amount in controversy.

Mark T. Womack won summary judgment against Arcadio D. Rodriguez on res judicata grounds in district court after a small claims court dismissed Rodriguez’s claims with prejudice. Rodriguez ar... More...
   $0 (01-05-2012 - TX)

Dale Bramlett v. Benny P. Phillips, M.D.

This appeal is from the trial court's entry of a judgment on remand from the Texas Supreme Court. Finding the trial court erred in the calculation of damages and the award of postjudgment interest, we reverse and remand.

Background

Because the underlying facts of this case are well-known to the parties, we focus only on those facts germane to this appeal. This medical malpractice... More...
   $0 (01-05-2012 - TX)

P.L.S. v. Chris Koster

This case presents the issue of whether the holder of a judgment obtained against a school district's former bus driver is entitled to collect that judgment from the State Legal Expense Fund, established by section 105.711 RSMo.1

Factual Background

In the fall of 2006, Robert Griffith, a school bus driver for the Doniphan R-I School District, molested a four-year-old preschool girl (... More...
   $0 (12-13-2011 - MO)

Reno Newspapers, Inc. v. Jim Gibbons

This appeal involves the denial of a records request made pursuant to the Nevada Public Records Act (NPRA). The primary issue we are asked to resolve is whether, after the commencement of a public records lawsuit, the state entity withholding the requested records is required to provide the requesting party with a log containing a factual description of each withheld record and a legal basis for ... More...   $0 (12-15-2011 - NV)

Benjamin Harry Crider, II v. State of Oklahoma

¶1 Benjamin Harry Crider, II, was tried by jury and convicted of First Degree Murder in violation of 21 O.S.1991, § 701.7 (A), in the District Court of Oklahoma County, Case No. CF-98-2944. In accordance with the jury's recommendation the Honorable Tammy Bass-Jones sentenced Crider to life imprisonment with the possibility of parole. Crider filed his Petition in Error with this Court on January ... More...   $0 (04-20-2001 - OK)

Ethics Com'n of State of Okl. v. Cullison

¶1 In September of 1990 the people of Oklahoma voted to adopt a new Article to the State Constitution by way of Initiative Petition No. 341 and State Question No. 627. Thus Article 29 came into existence as a framework for a fresh scheme of ethical standards to be administered by a constitutionally created Ethics Commission. The Ethics Commission of the State of Oklahoma petitions this Court to a... More...   $0 (12-31-1993 - OK)

W. Thomas Wheeler v. City of Wayzata

On the petition of the defendant City of Wayzata we review a decision of the court of appeals reversing summary judgment in favor of Wayzata. Plaintiffs had sued in the alternative for a declaration of the invalidity of all Wayzata's zoning ordinances and permanent injunction against their enforcement or for mandamus to compel proceedings in eminent domain. We reverse the decision of

More...
   $0 (06-23-1995 - MN)

Alfred Rogers v. The Excise Board of Greer County

¶1 The Greer County Excise Board (Board), appellant, contends that the trial court erred when it issued a writ of mandamus compelling the Board to set the 1982-83 Greer County Sheriff's appropriations at the sum requested by the Sheriff; the writ also invalidated the 1982-83 Greer County Budget. The issues presented are whether the Board had discretionary authority to adjust budgeted items which ... More...   $0 (12-26-1984 - OK)

Cassell v. State of Texas

Review was sought in this case to determine whether there had been a violation by Texas of petitioner's federal constitutional right to a fair and impartial grand jury.



Page 283

The federal question was raised by a motion to quash the indictment on the ground that petitioner, a Negro, suffered unconstitutional discrimination through the selection of white men only for ... More...
   $0 (04-24-1950 - TX)

Deborah Ann Leftwich v. The Honorable Stephen Alcorn, Judge of the District Court of Oklahoma County

¶1 The Petitioner has filed an application for original jurisdiction, a petition for writ of prohibition, and in the alternative a petition for writ of mandamus in Case No. CF-2010-8067 in the District Court of Oklahoma County.

¶2 This Court previously denied Petitioner's petition for writ of prohibition or mandamus based on the District Court's decision denying Petitioner's motions to di... More...
   $0 (10-13-2011 - OK)

Ethics Commission of the State of Oklahoma v. Robert V. Cullison

¶1 In September of 1990 the people of Oklahoma voted to adopt a new Article to the State Constitution by way of Initiative Petition No. 341 and State Question No. 627. Thus Article 29 came into existence as a framework for a fresh scheme of ethical standards to be administered by a constitutionally created Ethics Commission. The Ethics Commission of the State of Oklahoma petitions this Court to a... More...   $0 (12-31-1993 - OK)

World Publishing Company v. the Honorable Russell C. Miller

¶1 The original action presents a single issue:1 whether 10 O.S. Supp. 1999 §7307-1.2(F) through (H)2 mandate a judicial order [32 P. 3d 831] prior to the release of records exempted from the general confidentiality requirements by subsection 7307-1.2(C) of the statute.3 We hold that it does. Therefore, we assume original jurisdiction and deny the writ.4

FACTS

¶2 On August 23, 200... More...
   $0 (10-01-2001 - OK)

Angelina Morfin Vargas v. City of Salinas

Plaintiffs Angelina Morfin Vargas and Mark Dierolf sued defendants City of Salinas and city manager, David Mora (collectively City), for alleged misuse of public funds. The suit was dismissed as a SLAPP1 under Code of Civil Procedure section 425.16, the so-called anti-SLAPP law.2 The ensuing judgment was affirmed by this court and by the Supreme Court. (Vargas v. City of Salinas (2009) 46 Cal.4th ... More...   $0 (11-18-2011 - CA)

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