Nuisance Law
 
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)

Timothy O'Reilly v. The State of Texas

The City notified appellant on August 19, 2014, that the conditions of his residence in
Richardson failed to comply with City ordinances. Specifically, appellant was notified that the
accumulation of trash, debris, lumber, and other items on his property violated the nuisance
ordinance, and that the outside storage of furniture, boxes, containers, and other materials
violated ... More...
   $0 (10-04-2016 - TX)

Dorothy Williams v. State of Indiana

Around 6:00 a.m. on November 21, 2014, six to ten officers of the Michigan
City Police Department went to Williams’ residence on Highland Avenue to
serve an arrest warrant on Robert Sanders, Jr. Sanders is Williams’ brother,
and, according to his driver’s license records, Sanders lived at Williams’
residence. Williams’ minor niece, V.G., also lived at that residence, as did <... More...
   $0 (08-26-2016 - IN)

Marla James; Wayne Washington; James Armantrout; Charles Daniel DeJong v. City of Costga Mesa

The plaintiffs are severely disabled California residents. They alleged that “[c]onventional medical services, drugs and medications” have not alleviated the pain caused by their

impairments. Each of them has therefore “obtained a recom- mendation from a medical doctor” to use marijuana to treat her pain. This medical marijuana use is permissible under California law, see Cal. He... More...
   $0 (05-11-2012 - CA)

STATE OF KANSAS v. JEROLD MICHAEL DUNN

During a break in their on-again-off-again relationship, defendant Dunn and Tracy Shaw, who had obtained a protection order against Dunn, encountered one another at a bank in Parsons. Shaw visited the bank daily as part of her job as a courier. According to bank employees, Dunn had been wandering around outside the bank before Shaw's arrival, and he eventually entered the bank, inquired about open... More...   $0 (07-17-2016 - KS)

Marcus T. Conner v. State of Indiana

On September 19, 2012, Conner was arrested after he sold cocaine to two
confidential informants during three separate controlled buys arranged by the
Elkhart Police Department. Conner sold the cocaine from his home, which
was located within 1000 feet of a youth program center. On September 24,
2012, the State charged Conner with three counts of Dealing in Cocaine, as
Cla... More...
   $0 (07-13-2016 - IN)

Charles R. Ellis v. State of Indiana

On the evening of May 26, 2015, Officers Shane Melton, Adam Martin, and
Charlie Fourkiller of the Kokomo Police Department were involved with
undercover work in association with a drug task force. The officers had met
behind a business in Kokomo to set up some plans for an investigation. Officer
Gibson, who was patrolling on his horse nearby, saw Jeremiah Floyd and
Chris... More...
   $0 (07-04-2016 - IN)

STATE OF NEW JERSEY VS. MOHAMMAD AZMAT

Defendant Mohammad Azmat appeals from a July 30, 2014 Law
Division order, following de novo review of his municipal court
conviction for failure to maintain trees in violation of
Franklin Township, Maintenance of Trees and Shrubs Ordinance §
222.17 (Ordinance § 222.17). After careful review of the record
June 13, 2016
A-0296-14T3 2
in light of the issues raised,... More...
   $0 (06-13-2016 - NJ)

State of Vermont v. Atlantic Richfield Company, et al.

This interlocutory appeal calls upon us to decide whether V.S.A. § 462 creates an exemption from the general six-year limitation for the State of Vermont’s claims against a host of defendants for generalized injury to state waters as a whole due to groundwater contamination from gasoline additives. On the basis of the statute of
limitations, the trial court dismissed the State’s claims ins... More...
   $0 (05-29-2016 - VT)

William L. Howard v. State of Indiana

Howard struggled with alcohol and resided at Thirteen Steps halfway house
where he met Robert Jennings, who also resided there for a time under the
supervision of the Allen County drug court for manufacturing
methamphetamine. Howard was self-employed, working part-time scrapping
metal. Howard and Jennings worked together on a roofing project through
Thirteen Steps, where... More...
   $0 (05-23-2016 - IN)

Ryan James Shelley v. State of Indiana

On December 27th, 2012, Shelley shook his girlfriend’s infant daughter, causing
her death. He was charged with murder,3 battery resulting in death,4 battery
resulting in serious bodily injury,5 aggravated battery,6 and neglect of a
dependent resulting in death.7 Shelley pled guilty to murder as part of a plea
agreement, providing that the court impose a sentence between fifty... More...
   $0 (05-01-2016 - IN)

Shandell T. Willingham v. State of Indiana

In October 2014, a confidential informant provided information to Detective
Norman Rimstidt (“Detective Rimstidt”) that a man named Shawn was dealing
heroin in Bright, Indiana. The informant provided Detective Rimstidt with the
heroin dealer’s cell phone number. The detective obtained a cell phone warrant
and learned that the cell phone number was registered to Willingham. Dete... More...
   $0 (04-29-2016 - IN)

Alan E. Dewitt v. State of Indiana

On March 31, 2015, Officer Flaude Dillon of the Logansport Police
Department, who also serves on the department’s meth suppression unit,
received a tip concerning Dewitt and Jesse Dewitt (Jesse) from a fellow
narcotics officer. The information prompted Officer Dillon to review records
from the national pseudoephedrine database.1 Because Officer Dillon
considered the quan... More...
   $0 (04-29-2016 - IN)

Byron Tinker and Travis Kelley v. State of Indiana

Tinker was arrested on July 16, 2012. On July 19, 2012, the State charged him
with Class D felony maintaining a common nuisance,3 Class A misdemeanor
dealing in marijuana,4 Class A misdemeanor possession of marijuana,5 and
Class A misdemeanor possession of paraphernalia.6 On July 31, 2012, the trial
court appointed a public defender to represent Tinker and scheduled pretrial ... More...
   $0 (04-23-2016 - IN)

Brandon S. Spalding v. State of Indiana

On April 20, 2009, Spalding and three accomplices kicked in Tyson Brownlee’s
apartment door, struck him several times, and then Spalding and another shot
at him with handguns as he ran away. On April 22, 2009, the State charged
Spalding with attempted murder and burglary resulting in bodily injury, both
Class A felonies. On August 12, 2009, Spalding entered into a plea agreem... More...
   $0 (04-21-2016 - IN)

Toddrick Ogburn v. State of Indiana

On July 11, 2013, Officer Gregory Hosterman of the Evansville Police
Department was dispatched to an apartment to investigate a report of a
burglary. When Officer Hosterman arrived, he found the front door ajar and
the first-floor window adjacent to the front door broken. Suspecting a burglary
had occurred, he requested assistance to conduct a protective sweep of the
res... More...
   $0 (04-18-2016 - IN)

NICK C. RHOADES vs. STATE OF IOWA

Nicholas Rhodes was HIV positive when he came in contact with A.P. on a social networking site. After exchanging messages, A.P invited Rhoades to his home. A.P. understood Rhoades to be HIV negative, in part because of Rhoades’s online profile. Rhoades and A.P. engaged in consensual unprotected oral and protected anal sex at A.P.’s home. When A.P. learned that Rhoades was HIV positive, he cont... More...   $0 (04-15-2016 - IA)

Shachter v. The City of Chicago

On September 12, 2012, the Department mailed plaintiff an "ADMINISTRATIVE
NOTICE OF ORDINANCE VIOLATION" (notice) to his residence, located at 6424 North
Whipple Street in Chicago (property). The notice asserted that, on May 31, 2012, an employee
of the Department (badge number 626) inspected the property and discovered that weeds "greater
than 10 inches in height" were growin... More...
   $0 (04-10-2016 - IL)

Joshua S. Black v. State of Indiana

The State charged Black with the following offenses based on an incident
occurring on May 17, 2015: dealing in a narcotic drug, a Level 4 felony;
dealing in methamphetamine, a Level 5 felony; possession of
methamphetamine, a Level 6 felony; maintaining a common nuisance, a Level
6 felony; and possession of paraphernalia, a Class A misdemeanor.1 At his
initial hearing on ... More...
   $0 (04-10-2016 - IN)

Flovac, Inc. v. Airvac, Inc.

That an antitrust case may turn on the definition of the relevant market is a common-sense
proposition. In this instance, the summary judgment record
disclosed a relevant market much broader than the plaintiff claimed
— a market in which the defendant lacked any semblance of market
dominance. Finding the plaintiff's antitrust claims wanting and
its companion claims equal... More...
   $0 (04-05-2016 - PR)

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