In April 2008, the City of Solana Beach (City) determined a mixed-use development proposal was inconsistent with certain local zoning and specific plan requirements, and directed the project's proponents to redesign the project. About 16 months later, on September 2, 2009, plaintiffs Rosa Haro and Carlos Ibarra filed a petition for writ of mandate and a complaint, alleging the City's actions viola... More...   $0 (05-12-2011 - CA)

¶1 Yuma Valley Land Company, Territorial Real Estate, Parkway Place Development, and Saguaro Desert Land (collectively “Developers”) appeal the superior court’s decision dismissing their declaratory judgment complaint against the City of Yuma. For the following reasons, we affirm.

BACKGROUND

¶2 Yuma Valley Land Company and Territorial Real Estate own real property (“the Pro... More...   $0 (05-05-2011 - AZ)

In this case, a buyer bought a new boat from a dealer. The buyer alleged that the boat was defective. The buyer sued the dealer, its sales representative, and the boat’s manufacturer. A visiting judge presided over a trial of the case, and a jury returned a verdict in favor of the buyer. The defendants moved for a new trial. The district judge granted the defendants’ motion for new tria... More...   $0 (05-12-2011 - TX)

¶1 Movants/Appellants Marvin Y. and Soohyun Jin (Jins) and Bank of Oklahoma (BOK) (collectively, Appellants) appeal from the trial court's order denying their Motion to Intervene in a foreclosure action.1 Appellants acquired their interest in the property at issue in this case after lis pendens was recorded. As a result, Appellants' interest is void as to the prevailing party in this case. Appell... More...   $0 (04-22-2011 - OK)

In 2004, following a competitive bidding process, defendant California Department of Parks and Recreation (DPR) awarded real parties in interest Delaware North Companies Parks & Resorts, Inc. (DNCPR), and Delaware North Companies Parks & Resorts at San Diego (DNCPRSD) (hereafter collectively Delaware North) a contract to operate a concession at the Old Town San Diego State Historic Park for a peri... More...   $0 (04-29-2011 - CA)

In 2008, the City of Los Angeles (City) passed an ordinance amending section 53.15.2 of the Los Angeles Municipal Code (Ordinance) to require all dogs and cats within the City to be spayed or neutered unless one of the listed exemptions is met. The City adopted the Ordinance with the intent of controlling the rising pet population in the City. Appellants Concerned Dog Owners of California, Cathie ... More...   $0 (04-29-2011 - CA)

The City of Houston appeals from a judgment in favor of Maguire Oil Company and others[1] arising from an inverse condemnation claim predicated on the erroneous invocation of an inapplicable city ordinance to revoke Maguire’s natural gas drilling permit. We affirm the trial court’s judgment.

Background

The fight over Maguire’s thwarted effort to drill for natural gas near Lake... More...   $0 (05-03-2011 - TX)

Appellant General Agents Insurance Company of America, Inc. (“Gainsco”) challenges the trial court’s rendition of partial summary judgment in favor of appellees Ahmed El Naggar and El Naggar Fine Arts Furniture, Inc. (collectively “El Naggar”) in El Naggar’s suit against Gainsco to recover insurance proceeds. Gainsco contends that the trial court erred in granting El Naggar’s partia... More...   $0 (05-03-2011 - TX)

Appellants, Rebecca Terrell and Chandrashekhar Thanedar,[1] are appealing the granting of a summary judgment in favor of PISD, Pampa Independent School District, regarding appellants’ action alleging violations of the Texas Open Meetings Act (TOMA)[2] and a request to void all actions of PISD taken as a result of alleged illegal meetings. We will reverse and remand.



Factual and ... More...   $0 (04-29-2011 - TX)

In this accelerated appeal, appellants, NCP Finance Limited Partnership and NMCapital, Inc. (collectively “NCP”), appeal from the trial court’s order on their motion to compel individual arbitration and stay litigation pending arbitration. We reverse and remand.

BACKGROUND

ACE Credit Service, LLC (“ACE”) is a registered Texas credit services organization, and NM... More...   $0 (04-27-2011 - TX)

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental... More...   $0 (04-28-2011 - TX)

This appeal arises from an action brought by the plaintiff, Scott Levine, against the defendants, the town of Sterling (town) and its building official, D. Kyle Collins, Jr.,1 relating to the defendants’ refusal to issue to the plaintiff permits to build two additional dwelling units on his property located in the town. The plaintiff appeals2 from the judgment rendered by the trial court in favo... More...   $0 (04-12-2011 - CT)

This appeal brings us an issue arising from the statutory regime that governs part of the employment system in the Department of Veterans Affairs. The issue is whether the two-year probationary period laid out at 38 U.S.C. § 7403 applies to a temporary, at-will VA physician appointed under 38 U.S.C. § 7405. The appellant, Dr. Jacques Durr, contends that it does, relying on the plain language in ... More...   $0 (04-19-2011 - FL)

Probationary teacher Michael Sullivan appeals from a judgment denying his petition for writ of mandamus. The petition sought to compel the Centinela Valley Union High School District (the District) to reinstate Sullivan with permanent status (tenure) because he alleged the District was one day late in serving him with notice that he would not be reelected for the following school year.

Educ... More...   $0 (04-07-2011 - CA)

On April 4, 2004, David and Guadalupe Cantu’s house was damaged in a hailstorm. The Cantus’ house was insured under a policy with Southland Lloyds Insurance Co. Southland sent an independent adjustor, Bobby Arnold, to the Cantus’ home to inspect the damage on April 13, 2004. On April 27, 2004, Southland mailed to the Cantus a copy of Arnold’s repair estimate and a letter advising them t... More...   $0 (04-05-2011 - TX)

Appellant Stephen Wollmer asks this court to reverse the denial of his petition for administrative mandamus challenging two approvals by respondents City of Berkeley and the Berkeley City Council (collectively, the City) for a mixed-use affordable housing or senior affordable housing project located at 1200 Ashby Avenue.1 Specifically, he denounces the approvals as violative of the state‟s densi... More...   $0 (03-30-2011 - CA)

Relator, Mel Stewart, filed a petition for an alternative writ of mandamus pursuant to ORS 227.179(1), seeking to compel the City of Salem to approve his application under ORS 92.040 to partition his property. Arguing that the petition was filed prematurely, the city moved to dismiss. The trial court agreed and dismissed the petition; relator appeals. The issue on appeal pertains to the date on wh... More...   $0 (03-16-2011 - OR)

Danny Wayne Martin appeals from a final protective order entered in favor of his ex-girlfriend Amanda JoAnn Parris after a finding of family violence. In his pro se appeal, Martin complains that the trial court erred in “dismiss[ing]” the public defender from representing him in the underlying civil proceeding. Martin alleges that lack of counsel forced him to violate his Fifth Amendment rig... More...   $0 (03-04-2011 - TX)

Whether and how Smith County[1] might get a new jail has been an ongoing public issue. Recently, in some fallout from that debate, Ken W. Good sought a judgment declaring that Joel P. Baker, the Smith County Judge, and JoAnn Fleming, the Commissioner for Smith County Precinct Number 1, had violated[2] the Texas Open Meetings Act (TOMA) by attending meetings to develop a jail plan in secret.[3] H... More...   $0 (03-25-2011 - TX)

Janice Bowen, Mary Eastridge, and Sherri Link appeal the district court's1 dismissal of their petition for a writ of mandamus. We affirm. Appellants are three disability-benefit claimants with proceedings before the Social Security Administration. Appellee Robert O'Blennis is the administrative law judge (ALJ) assigned to each appellant's case. Each appellant filed a motion requesting that O'Blenn... More...   $0 (03-25-2011 - MO)

[¶1] Joseph Kalvoda, Melissa Davis, Gerald Prouty, and Sandra Broschat appeal from the district court's amended judgment dismissing their action seeking to compel the Bismarck Public School District to pay them additional compensation. We hold the appellants are currently fulfilling their duties as required by the rules in their contract. Further, the parties' long-standing interpretation of admi... More...   $0 (02-08-2011 - ND)

¶1 Chad Gottfried (Father) appeals an order granting a petition by Crisis Pregnancy Outreach, Inc. (C.P.O.) pursuant to 10 O.S.2001 § 7505-2.12 to terminate his parental rights to L.D.B. and to allow adoption of the child without his consent pursuant to grounds stated in 10 O.S.2001 § 7505-4.2. The trial court's order finding Father failed to provide Jamye Beasley (Mother) with support during h... More...   $0 (01-28-2011 - OK)

This case comprises two separate appeals. A brief summary of the facts and procedural history is necessary to explain the posture of our review.

¶2 Eighty-four-year-old Evelyn Werner (Werner) was physically attacked in her home and had her safe stolen by three assailants, one of whom was Kenneth Hendree (Hendree). Hendree had previously visited Werner's home several times while employe... More...   $0 (02-16-2011 - WI)

Rich Bergeron asks us to remove the judge presiding in Eppley v. Iacovelli, a case pending in the district court. Bergeron had repeatedly asked her, without success, to recuse herself.

Eppley, a plastic surgeon, had sued Iacovelli, a former patient, in 2009 for defamation and other alleged wrongs arising from Iacovelli’s dissatisfaction with the face-lift operation that Eppley had perform... More...   $0 (03-04-2011 - IN)

We are asked once again to intervene in a decades-old landuse dispute between Aubrey Henry and the sundry local government bodies and neighboring residents who played a part in turning back his development plans. Henry chiefly alleges that the defendants took his property by granting him a less intensive conditional use permit than the one to which he claims he was entitled. Because he had no such... More...   $0 (03-04-2011 - )