Elections Code section 9241 provides that when an ordinance is the subject of a referendum petition, it shall not take effect until the majority of the voters voting on the referendum approve the ordinance. A municipality may not evade this stay provision by re-passing a materially identical ordinance as an interim measure until the referendum election.

In this case, respondent Town of Sa

The Medicare Act, 42 U.S.C. §§ 1395 et seq., contains a "disproportionate share hospital" (DSH) provision which permits additional reimbursement to hospitals that handle a disproportionate share of low-income patients. In the mid-1990s, many hospitals, including Plaintiffs, sued the Secretary(1) of Health and Human Services (HHS), claiming that his regulations improperly interpreted this provis

Appellants Shannon Emily Parker and Kelli Parker appeal from the probate court's denial of their motions for summary judgment and the court's corresponding ruling granting appellees Christy Lynn Parker and Robert Clinton Parker's motions for partial summary judgment. In three issues, appellants complain that the probate judge was without power to rule upon the parties' summary judgment motions

Appellants/cross-respondents, Harold Brewster ("Brewster") and the Board of Education of the City of St. Louis ("the Board") appeal from the judgment, after a bench trial, of the Circuit Court of the City of St. Louis pursuant to a petition in mandamus seeking enforcement of the Sunshine Law, chapter 610, et seq., RSMO 2000, (FN1) which was later amended and supplemented by a petition invoking sec

Appellants, some of the survivors and estates of Branch Davidians who died during the 1993 conflict at Mount Carmel near Waco, Texas, attempted to prove at trial that the United States government should be held liable under the Federal Tort Claims Act ("FTCA") for deaths and injuries of Branch Davidian sect members during the siege of their compound outside Waco, Texas on April 19, 1993.

The counties involved in these consolidated appeals maintain employee retirement plans under the County Employees Retirement Law of 1937 (CERL) as codified in 1947. (Gov. Code, § 31450 et seq.) The retirement boards in these counties are required to determine whether items of remuneration paid to employees qualify as "compensation" under section 31460 and "compensation earnable" pursuant to

Workers' compensation laws are to be "liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment." (Lab. Code, § 3202.) Toward that end, Labor Code section 5402, subdivision (b), provides that "[i]f liability is not rejected [by the employer] within 90 days after the date the claim form is filed under

On March 12, 2002, the law firm of Conner & Winters, P.C., on behalf of certain taxpayers and other citizens, submitted a written request to the City of Oklahoma City (City) under the provisions of the Oklahoma Open Records Act (Act), 51 O.S.2001, §§ 24A.1 et seq. The firm requested permission to inspect and copy all documents pertaining to a proposed lease of City property to Bass Pro Shops (B

At issue in this case is the circuit court's decision to assume jurisdiction over D.K.S. and to place her in the protective custody of the Division of Family Services. S.S., her father, contends that the circuit court erred in asserting jurisdiction and in admitting and considering evidence of sexual abuse allegations at the dispositional hearing. We affirm the circuit court's judgment.

Barratt American, Incorporated is a real estate developer of residential subdivisions. Barratt contends the City of Rancho Cucamonga (City) overcharges for building permit and plan review fees. In May 2002, Barratt filed a petition for writ of mandate and complaint against the City, challenging the fees, seeking a refund of $143,000 for fees paid on a 123-unit subdivision, and challenging Res

Braden Trust planned to construct farm-worker housing on its farm and believed that under state law it was not required to obtain building permits from Yuma County for the construction. The County disagreed. The trial court ruled that Braden Trust is exempt from the permit requirements because the farm-worker housing is incidental to farming and agriculture. For the reasons discussed below

Marta Vergés de Quintanilla ("Marta") and her husband, Marcelo Quintanilla Soberanes ("Marcelo") were married in 1977. Cristina, Carlos, Miguel, and Sandra are Marcelo's adult children from his first marriage. Marta and Marcelo had two additional children.

In May of 2001, Marcelo, who was eighty-eight years old, suffered injuries after he fell while bathing. Marta, Cristina, Carlos, Migue

Plaintiffs sued American Family Mutual Insurance Company ("American Family") for breach of contract on behalf of themselves and similarly situated plaintiffs nationwide. After an eight day hearing, the trial court certified the class. American Family sought relief by way of writ of prohibition. This Court issued a preliminary writ in August 2002, prohibiting the trial court from taking any furt

This is an opinion on remand from the Texas Supreme Court.(1) Ronnie and Nancy Haese filed suit against various H & R Block and related entities complaining that Block received a portion of a lender's finance charge for Refund Anticipation Loans (RALs) which are short-term loans secured by anticipated federal income tax refunds. Subsequently, the trial court certified a class of all individuals

Petitioners operate a cabaret in the City of Beverly Hills, pursuant to the adult entertainment regulatory permit (permit) required by City's municipal code. At all times relevant to this appeal, Petitioners and City were engaged in federal litigation, Nightlife Partners, Ltd., et al. v. City of Beverly Hills, U.S. District Court Case No. CV 98-10266 RAP, related to City's regulation of adu

1. This appeal challenges a court order limiting discovery and independent investigation before trial. Appellant Paul Schmitt appeals from a jury verdict finding that appellee Richard Lalancette was not liable to Schmitt in connection with a house inspection that Lalancette performed for Schmitt. Schmitt claims Lalancette's inspection failed to identify serious structural f

Gateway Hotel Management Company (Gateway) appeals from the judgment of the circuit court denying Gateway's request for issuance of a writ of mandamus to compel the Board of Equalization of St. Louis County (Board) to hear and determine a real estate tax appeal filed by Gateway. Gateway contends the circuit court erred in denying its request for a writ of mandamus because (1) the Board is not auth

Betsy Ann Fleischaker (plaintiff) appeals a summary judgment for Robert Headlee (defendant) in an action in which she sought damages for defamation (Count I) and tortious interference with a business expectancy (Count II). (FN1) This court affirms.

Count I of plaintiff's petition alleges that prior to September 1, 1989, she had been employed by Fleming Company, Inc., (Fleming) in Joplin, Mis

On April 1, 1994, appellant, Nationwide Mutual Insurance Company ("Nationwide"), terminated an agency agreement it had with appellee Hamilton Insurance Services, Inc., which had been incorporated by appellee Neil Hamilton.

Hamilton filed an action in the Richland County Court of Common Pleas, alleging that Nationwide had wrongfully terminated the agency agreement. In his complaint, Hamilt

Jill Beavers, the plaintiff, asserted a premises liability claim against Archstone Communities Limited Partnership II, the operators of an apartment complex known as Sunwood Apartments. Plaintiff alleged that on July 17, 2000, while descending a stairway that was defective and extremely slippery, she fell and sustained physical injury.

The case proceeded to trial before a jury on January

Plaintiff, James Armstrong, an inmate at the Tamms Correctional Center (Tamms), filed a pro se amended complaint (complaint) for mandamus in the Sangamon County circuit court on July 23, 2001. The complaint sought to compel defendant, Donald Snyder, Jr., Director of the Illinois Department of Corrections (DOC), to expunge parts of plaintiff's disciplinary record. Plaintiff's complaint alleged t

This is an appeal from the circuit court's denial of the motion to transfer venue filed by the Illinois Health Facilities Planning Board (defendant). The issue for review is whether the circuit court erred in denying defendant's motion to transfer. We affirm.

I. FACTS

Defendant is a regulatory body of the State of Illinois pursuant to the Illinois Health Facilities Planning Act (2

The plaintiff, Joe Shively, brought an action in the circuit court of St. Clair County against defendants Belleville Township High School District No. 201 (School District), Leo Hefner, in his capacity as the superintendent of the School District, and the Board of Education, Belleville Township High School District No. 201 (Board). Shively's complaint sought equitable estoppel, a preliminary in

Jack Jackson, who resided in Salina, Kansas, was employed by Lincoln County Sheriff Wray Nielander as a part-time deputy from November 3, 2001, until January 1, 2002, at which time Jackson became a full-time deputy. The Board of Lincoln County Commissioners (Board) twice took action to discharge Jackson for the stated reason of unsatisfactory job performance. The second attempt by the Board fol

Intervening Defendant-Appellant The Chronicle of Higher Education ("The Chronicle") contests the district court's grant of summary judgment and subsequent permanent injunction in favor of Plaintiff-Appellee the United States. Specifically, the district court concluded that university disciplinary records were "educational records" as that term is defined in the Family Education Rights and Priva