Nuisance Law
 
NATURAL RESOURCES DEFENSE COUNCIL, NORTHWEST ENVIRONMENTAL ADVOCATES, CENTER FOR  BIOLOGICAL DIVERSITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

This case arises from the efforts of the Environmental Protection 
Agency (ʺEPAʺ) pursuant to section 402(a) of the Clean Water Act (the ʺCWAʺ), 
33 U.S.C. § 1342(a), to regulate the discharge of ballast water from ships. 1  A ship 
takes on and discharges ballast water to compensate for changes in its weight 

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North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove

More...   $0 (12-18-2015 - SD)

North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove

More...   $0 (12-18-2015 - SD)

Cameo Bobo v. City of Jackson, Tennessee

This case stems from the demolition of a home formerly located at 425 North Hays Street in Jackson, Tennessee. The home at issue was previously owned by Appellant‟s grandmother, Dorothy Lipson (“Ms. Lipson”). While Ms. Lipson owned the home, its condition deteriorated, and proceedings were initiated in the Environmental Court of the City of Jackson to address the state of the property.

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Constance M. Wolfchief v. Oklahoma City Housing Authority

Oklahoma City, OK - Constance M. Wolfchief sued Oklahoma City Housing Authority on an auto negligence theory claiming:

1. Plaintiff is sixty-five (65) years of age and resides in the assisted living eenter known as Shartel Towers.
2. Plaintiff has resided in Shartel Towers for approximately twelve (12) years.
3. Defendant, Oklahoma City Housing Authority, owns and operates the Sna

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

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His
home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once
part of a planned, but never used, industrial park owned by the University of
Delaware. The land was acquired from the University by the State Department of
Natural Resources and Environmental Control (“DNREC”),

More...   $0 (12-01-2015 - DE)

American Homeowner Pres. Fund, LP v. Pirkle

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property *2purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American's constitutional takings claims against the taxing authorities involved in the forecl

More...   $0 (11-28-2015 - TX)

Marshall Dean Smith v. City of Atmore

Marshall Dean Smith has appealed the summary judgment entered by the Escambia Circuit Court ("the trial court") in favor of the City of Atmore ("the City") in Smith's lawsuit alleging claims of negligent design and construction of the City's water-drainage system, negligent maintenance of the City's water-drainage system, continuing trespass, and nuisance. Although I concur to affirm the summary j

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Wyo-Ben, Inc., a Corporation v. Boyd J. Van Fleet

The State of Wyoming issued a gentleman by the name of D.K. Jones a patent for the property involved in this case in 1955. A couple of decades passed before he and his wife (who was on the title by that time) entered into a mining lease which covered their property and some neighboring lands with Wyo-Ben on November 1, 1970. This conveyance is known as the Jones-Manning lease. [¶4] The lease a

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The State of New Hampshire v. Lisa A. Tagalakis Fedor

The defendant, Lisa A. Tagalakis Fedor, appeals her conviction by jury of knowingly keeping or maintaining a common nuisance. See RSA 318-B:16 (2011). On appeal, she argues that the Superior Court (Abramson, J.) erred by denying her motion for judgment notwithstanding the verdict (JNOV), or, in the alternative, to set aside the verdict. We affirm. Viewed in the light most favorable to the Stat

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Valencis v. Nyberg

The defendants David Nyberg and CSM North, LLC (CSM),1 appeal from the judgment of the trial court awarding a prejudgment remedy in favor oftheplaintiffs,StanleyValencis,ACSYS,Inc.(ACSYS), and MIG Ventures, LLC (MIG), in the amount of $1,517,389.40.2 On appeal, the defendants claim that (1) the court improperly granted the application for a prejudgment remedy without taking into account the defen

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Michael A. Cerny and Myra L. Cerny, Individually and as Next Friends of Cameron A. Cerny, A Child v. Marathon Oil Corporation, Marathon Oil EF LLC, and Plains Exploration & Producing Company

Michael A. Cerny and Myra L. Cerny, individually, and as next friends of their minor son Cameron A. Cerny (collectively, the Cernys) sued Marathon Oil Corporation1 and Marathon Oil EF, LLC (Marathon), as well as Plains Exploration & Production Company (Plains), for private
1 Marathon Oil Corporation was dismissed from the suit on the ground that it was not the owner or operator of the subject

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Public Land/Water Access Association, Inc. v. Roger Jones

1 In 2000, Roger Jones purchased approximately 4,900 acres of property in Teton County, Montana, known as Boadle Ranch. Since acquiring the property, Jones has prohibited public use of the two main roads transecting Boadle Ranch. Public Lands/Water Access Association (PLWA), a Montana non-profit membership organization dedicated to promoting access to public-owned lands, has consistently sought to

More...   $410000 (10-19-2015 - MT)

Public Land Assn. v. Jones

Boadle Ranch is an approximately 4,900 acre parcel in Teton County, Montana.
Two roads transect Boadle Ranch—Boadle Road and Canal Road. Boadle Road enters
Boadle Ranch at the east boundary of the property and travels west where historically it
crossed the Sun River Slope Canal (Slope Canal) via Boadle Bridge and intersected with
Canal Road. Canal Road runs northwest to Pi

More...   $405000 (10-15-2015 - MT)

Natural Resources Defense Counsel v. United States Department of Environmental Protection

Congress created the CWA to limit pollution in the waters of the 
United States.  See 33 U.S.C. § 1251(a) (objective of CWA is to ʺrestore and 
 within 120 days of the issuance of the  VGP, as required under 33 U.S.C. § 1369(b)(1).  Accordingly, this Court has jurisdiction  over the petitions pursuant to section 509(b)(1)(F) o

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State of New Hampshire v. Exxon Mobil Corporation

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandat

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Commissioner of Environmental Protection v. Underpass Auto Parts Co

The primary issue that we must address in this appeal is whether, in an action brought by the Commissioner of Environmental Protection (commissioner)1 pursuanttoGeneralStatutes§ 22a-430(d),2 the trial court, upon finding that any person had caused pollution of the waters of the state, is required to order that person to remediate the effects of the pollution pursuant to applicable standards prom

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Discount Inc., Inc. v. City of Chicago

In 2013 and 2014, Chicago’s De‐
partment of Administrative Hearings determined that the
plaintiff in this case, Discount Inn, Inc., had violated two
City ordinances—the weed ordinance and the fencing ordi‐
nance. The weed ordinance provides that “any person who
owns or controls property within the city must cut or other‐
wise control all weeds on suc

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Land Baron Invs. v. Bonnie Springs Family LP

In 2004, appellants Land Baron Investments, Inc., Michael
Chernine, and Robert Black, Jr. (collectively, Land Baron), contracted to
purchase land for $17,190,000 from respondents Bonnie Springs Family
Limited Partnership, Bonnie Springs Management Company, Alan
Levinson, Bonnie Levinson, and April Boone (collectively, Bonnie Springs)
for the express purpose of building a s

More...   $0 (09-17-2015 - NV)

Bruce Smith v. ConocoPhillips Pipe Line Co.

Phillips 66 (Phillips) owns a petroleum products pipeline which runs through
the town of West Alton, Missouri. After a leak in the line was discovered in 1963,
its source was repaired, but the contamination at the leak site was not remediated. In
2002 contaminants from the leak were discovered in a family residence in West
Alton. Phillips purchased and demolished this property as w

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American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
2
purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American’s constitutional takings claims against the taxing authorities involved in

More...   $0 (09-03-2015 - TX)

DTND Sierra Investments, L.L.C v. CitiMortgage, In

DTND purchased property subject to Citi’s lien at a homeowners’ association foreclosure sale. After Citi initiated foreclosure proceedings, DTND sued it in Texas state court, alleging that it was “depriving [DTND] of the right to cure any default on the property prior to initiating foreclosure proceedings” in violation of the Texas Deceptive Trade Practices Act (“DTPA”) and the Texas

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Steve Balestrieri v. Menlo Park Fire Protection District

This is a firefighters’ overtime dispute.
Firefighters and emergency medical personnel of the
Menlo Park Fire Protection District claim that two of the
District’s policies violate the Fair Labor Standards Act. They
claim entitlement to overtime for taking their gear to
temporary duty stations. And they claim that the District’s
system for paying cash in lieu of unused

More...   $0 (09-04-2015 - CA)

Pegastaff v. PG&E

The PUC is an agency created by the California Constitution to regulate privately owned public utilities such as PG&E. (Cal. Const., art. XII.)
PegaStaff is a division of PegaSoft Corporation, a California corporation, that provides temporary staffing in the fields of information technology and engineering. Mark Arshinkoff, a white male, owns 100 percent of PegaSoft stock.
For nine

More...   $0 (08-29-2015 - CA)

Animal Legal Defense Fund v. CA Exposition & St. Fairs

On July 18, 2013, plaintiffs filed a complaint asserting a section 526a action against defendants, premised on the theory that defendants waste taxpayer money and staff time by obtaining, transporting, and exhibiting pregnant pigs in violation of sections 597 and 597t. Specifically, plaintiffs alleged as follows:
Plaintiff Animal Legal Defense Fund (ALDF) is a nonprofit charitable organizati

More...   $0 (08-27-2015 - CA)

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