Nuisance Law
 
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 agre

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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

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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

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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

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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

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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 equ

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Paul F. McGiffen v. State of Indiana

At 2:10 a.m. on January 16, 2014, Trooper Bill Gadberry (“Trooper Gadberry”)
summoned Trooper William Campbell (“Trooper Campbell”) to a house on
702 West Third Street in Bicknell, Indiana. Tr. p. 3-4. Trooper Gadberry was in
the middle of executing a search warrant, and he needed Trooper Campbell’s
help transporting occupants to jail and searching the premises pursua

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Marvin Beville v. State of Indiana

On December 5, 2014, the State charged Beville with Class A misdemeanor
dealing in marijuana and Level 6 felony maintaining a common nuisance.
Importantly, the charges alleged that Beville delivered marijuana to a
confidential informant (“CI”) on October 23, 2014. The State obtained a video
recording of the transaction between Beville and the CI. Beville sent a letter to

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Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk as

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Jason A. Jones v. State of Indiana

In 2010, Jones was convicted of Class B felony dealing in methamphetamine
and Class B misdemeanor visiting a common nuisance. Jones was sentenced to
an aggregate term of fifteen years with ten years executed and five years
suspended to probation. In 2013, Jones successfully petitioned the trial court to
modify his sentence, and on April 11 of that year, the trial court ordered

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Michael Day v. State of Indiana

In January 2015, Day resided with his wife, M.D., and their two minor
children, C.D. and J.D., in a home in Brookville, Indiana. Because of problems
in the marriage and frequent arguments, the couple decided a divorce was
necessary. M.D. described the couple’s “fighting” as “name calling.”
Transcript at 6. A majority of the couple’s recent frustrations existed b

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Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk ass

More...   $0 (03-07-2016 - NM)

Jennifer J. Pearson v. State of Indiana

On January 20, 2015, officers from the Hartford City Police Department
executed a search warrant at Pearson’s residence. They discovered four blister
packs of pseudoephedrine and containers of solvents, Coleman fuel, sulfuric
acid, and an HCL generator. They also discovered drug paraphernalia,
including hypodermic needles and a digital scale with white residue on it.

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Christopher Dent v. State of Indiana

On January 8, 2015, Corporal Jeff Stanley (Officer Stanley) of the Delaware
County Sheriff’s Department made a controlled buy of heroin from Dent with
the help of an informant at Dent’s residence on South Hackley Street in
Muncie, Indiana. At the time of the purchase, Dent was on home detention
pending pre-trial on an unrelated offense and was required to wear an electroni

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David W. Gerth v. State of Indiana

Sometime in August 2013, Detective Sergeant J. Michael Howell of the
Hamilton County Sheriff’s Department received information from a
confidential informant (“CI”) asserting that Gerth was selling marijuana from
his home in Westfield. Shortly after receiving this information, however, the CI
was “deactivated” because he had not completed all of the obligations requir

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Frantz Jerry Sainvil v. State of Indiana

At 1:15 a.m. on December 23, 2014, Officers Todd Allan Mattingly (“Officer
Mattingly”) and Sarah Gibson (“Officer Gibson”) with the Evansville Police
Department were working the third shift motor patrol for the police department
when they encountered a vehicle with an extremely dark window tint.
Believing that the tint was dark enough to constitute a violation, the off

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Reginald D. Ivy, Jr. v. State of Indiana

On June 20, 2013, the State charged Ivy with two counts of dealing in cocaine
as class A felonies, possession of cocaine as a class A felony, dealing in cocaine
as a class B felony, and maintaining a common nuisance as a class D felony.
[3] On December 15, 2014, Ivy signed a written advisement and waiver of rights
form. That same day, Ivy and the State entered into a plea ag

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

This interlocutory appeal requires us to examine the contours of
the “stream-of-commerce” doctrine of personal jurisdiction, which was introduced by the U.S.
Supreme Court in a 1980 decision but later divided the Court with respect to its scope.
Defendant Total Petrochemicals & Refining USA, Inc. (TPRI) challenges a decision of the
superior court, civil division, denying

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American Hospital Association v. Sylvia Burwell, United States Secretary of Health and Human Services

At heart, this case is about an agency caught between two congressionally assigned tasks. Congress has prescribed specific time frames for the Secretary of Health and Human Services to reach decisions on various stages of administrative appeals of Medicare reimbursement claim denials. But Congress has also directed the Secretary to implement the Medicare Recovery Audit Program to detect waste, fr

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ALFORD et al v. USA

The plaintiffs in Alford, et al. (“plaintiffs”) are all Mississippi residents, who own real and personal property in the Eagle Lake Community, which is located in Warrant County, Mississippi, in the Lower Mississippi River Valley. Sec. Am. Compl. ¶¶ 10 – 48, ECF No. 35 (“Compl.”). This valley “is a relatively flat plain of about 35,000 square miles bordering the river, which would

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Matt D. Neace v. State of Indiana

In early April 2013, Indiana State Police Sergeant Paul Andry was conducting
an investigation involving Neace. During the investigation, Sergeant Andry
contacted Leah Ewen, who Sergeant Andry suspected had recently been in
contact with Neace. On April 17, Sergeant Andry and Ewen met at Ewen’s
place of employment. At the meeting, Ewen admitted to using
methamphetamine,

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Lyle D. Tucker v. State of Indiana

Lyle Tucker sold methamphetamine on three separate occasions to informants
who were recording the transaction for the Bloomington Police Department.
Tucker appeals the trial court’s decision to admit these recordings at his trial for
dealing in methamphetamine. He argues that the State failed to establish an
adequate foundation for the recordings under the silent witness th

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State of Tennessee v. Nolan Excell Pippen

Officer Charles Brannon of the Lewisburg Police Department (LPD) testified at a pretrial suppression hearing. Officer Brannon testified that at approximately 8:04 p.m. on December 12, 2013, he was dispatched to the Martin Street Apartments on a report “that there was fighting in the parking lot and possibly intoxicated individuals.” When he arrived at the apartment complex, another LPD offic

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Barbara Graff v. Metro Structural Services, Inc. and Duralift Piers, Inc.

Tulsa, OK - Barbara Graff v. Metro Structural Services, Inc. and Duralift Piers, Inc.

1. Plaintiff is an individual who resides in Tulsa County, Oklahoma.
2. Defendant Metro Structural Services, Inc. ("Metro") is an Oklahoma corpn c:.n
that has its principal place of business in Tulsa County, Oklahoma.
3. Defendant Duralift Piers, Inc. ("Duralift") is an Oklaho

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Gerald A. Lechliter v. Del. Department of Natural Resources & Environmental Control, et al.

The Plaintiff filed his Verified Complaint on October 11, 2012. The
Complaint alleged seven counts against the Defendants: Count I alleges that DNREC
violated numerous statutes to illegally build the Turbine; Count II alleges that the
City violated statutes and zoning ordinances to illegally issue the Building Permit;
Counts III and IV allege violations of the Delaware Freedom

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