Nuisance Law
 
Raul Flores, Inc. v. Adrain D. Rodriguez and L&F Distributors, L.L.C.

In this commercial property damage case, appellant Raul Flores, Inc. ("Flores”), sued appellees Adrian D. Rodriguez and L&F Distributors, L.L.C. ("L&F”). After trial, the trial court directed a verdict in favor of appellees on certain claims, and the jury found in favor of Flores on the remaining claims. Flores raises five issues on appeal, contending

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that the trial cou

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Joseph Anthony Thomas v. Lake Cove Community Association, Inc.

A homeowner was sued for keeping two pit bulls in violation of a restrictive covenant. The trial court issued a permanent injunction, enjoining the homeowner from keeping any pit bull at his home or within the limits of his subdivision. The court also awarded attorney's fees to the property owners' association for having to enforce the restrictive covenant. The homeowner asserts two issues on appe

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The City of El Paso v. Guadalupe Ramirez, Norma Ramirez, Ramirez Pecan Farms, LLC, William H. Boutwell, Jackie Boutwell, Raul Zamorano, Jr., Amy K. Zamorano, George Wynn, Patricia Wynn, Larry R. Webb, Maria L. Webb, James R. Raley, Yariela G. Raley, Russell T. Sturgeon, et al.

Appellant, the City of El Paso ("the City”), brings this accelerated interlocutory appeal following the trial court's denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2008); TEX.R.APP.P. 28.1(a) (stating an appeal from an interlocutory order, when allowed, is accelerated). The City raises three issues for our review.

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We affi

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Stephen Eskeland v. City of Del Mar

Stephen and Nahida "Lucy" Eskeland (the Eskelands) appeal from the trial court's denial of the petition for writ of administrative mandamus they filed against the City of Del Mar (the City) and real party in interest Jon Scurlock. The Eskelands challenge the City's decision to grant a variance to Scurlock allowing him to build a house that does not comply with the 20-foot front yard setback requir

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Faiez Ennabe v. Carlos Manosa

Beginning in 1971 this court decided three cases that together reversed decades of previous law and recognized, for the first time, that sellers or furnishers of alcoholic beverages could be liable for injuries proximately caused by those who imbibed. (Vesely v. Sager (1971) 5 Cal.3d 153; Bernhard v. Harrah's Club (1976) 16 Cal.3d 313; Coulter v. Superior Court (1978) 21 Cal.3d 144.) In 1978, the

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The People v. Solus Industrial Innovations, LLC

In this case we are called on to interpret the effect of Labor Code section 6315, subdivision (g), which specifies that in cases involving serious injury to five or more employees in the workplace, or the death of an employee, and where a formal investigation by the Division of Occupational Safety and Health (the Division) was mandated, the results of that investigation "shall be referred in a tim

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Arnold J. Schmidt v. Bank of America

Plaintiffs Arnold J. Schmidt and Valerie A. Schmidt (together, the Schmidts), as cotrustees of the Arnold and Valerie Schmidt 2005 Revocable Trust, appeal judgments in favor of defendants Bank of America, N.A. (Bank of America) and Aragon Homeowners Association (Aragon HOA) after the court granted defendants' motions for summary judgment on the Schmidts' complaint for trespass, nuisance, and decla

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Jared Rapp v. Robert Dutcher

Plaintiffs Jared Rapp and Moti Goldring jointly own a condominium in the City of East Lansing, Michigan, and rented it out without a landlord license in violation of certain municipal ordinances. As a result, the City issued plaintiffs 173 citations. The state court held plaintiffs responsible for all citations and ordered them to pay $45,480 in fines. While the state court proceedings were ongoin

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Jose G. Alejandro v. State of Indiana

Jose G. Alejandro appeals his conviction and sentence for attempted murder. Alejandro raises two issues, which we revise and restate as:

I. Whether the evidence is sufficient to sustain his conviction; and

II. Whether his sentence is inappropriate in light of the nature of the offense and his character.

We affirm.

FACTS AND PROCEDURAL HISTORY

In May 2012, Alejand

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NEIL A. LEMASTER and STEPHANIE KEMPKER, Plaintiffs-Appellees/Cross-Appellants, vs. JOSEPH FRANKLIN POWERS and MERRY LYNN POWERS, husband and wife, Defendants-Appellants, JOSHUA BURCH and CHRISTY BURCH, husband and wife, Respondents-Appellants/Cross-Appellees. LARRY SUNDEN and LINDA SUNDEN, husband and wife, Plaintiffs-Appellants, vs. NEIL A. LEMASTER and STEPHANIE KEMPER, Defendants-Appellees/Cross-Appellants.

This appeal arises from a dispute between neighboring landowners in a residential development in North Lee County. The dispute concerns the scope of certain express easements.

I. Background Facts and Proceedings

It is often stated that a picture is worth a thousand words. That is the case here.
We begin with a 1977 plat map of the residential development.

(Image Not

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The City of Riverside v. William Horspool

The City of Riverside (City) filed a nuisance abatement action as to property owned by William and Kelly Horspool, and sought the appointment of a receiver pursuant to Health and Safety Code section 17980 et seq. Defendant William Horspool (William)2 appealed from the order appointing the receiver in case No. E051500,3 but failed to obtain an undertaking on appeal. Kevin Randolph, in his capacity

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Lorraine White v. City of Elk River

1. A municipality may terminate a nonconforming use of land in accordance with Minn. Stat. § 462.357, subds. 1d-1e (2012) or Minn. Stat. § 465.01 (2012). But a

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municipality lacks the authority to terminate a nonconforming use by requiring the property owner to obtain a conditional-use permit to continue the use and then revoking the conditional-use permit. Respondent therefor

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River Park Condominiums Unit Owners Association v. Lucas

[¶1] A. William Lucas appealed a district court judgment entered November 10, 2003, and memorandum opinions and orders dated July 15, 2002; October 29, 2002; January 21, 2003; April 28, 2003; July 29, 2003; September 10, 2003; and October 6, 2003, in an action by Riverside Park Condominiums Unit Owners Association ("Association") to enforce a pet restriction. The Association cross-appealed from a

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Roy, Hirschbuhl, Barr, et al. v. Woodstock Community Trust, Inc.

¶ 1. DOOLEY, J. This case arises out of a proposed housing development in West Woodstock, Vermont. It is not the first case to come before us related to this development. In Roy v. Woodstock Community Trust and Housing Vermont PRD, 2012 VT 87, ___ Vt. ___, 60 A.3d 686, we affirmed the permits for the project granted by the town development review board and the district environme

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Vitorino America v. Sunspray Condominium Association

[¶1] Vitorino America filed a complaint in the Superior Court, individually and derivatively on behalf of Sunspray Condominium Association (Association), against the Association and four members of its Board of Directors (Board), claiming in part that the defendants had refused to effectively enforce Sunspray Condominium's smoking ban. He appeals from a judgment entered in the Business and Consum

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Littlbrook Airpark Condominium Association v. Sweet Peas, L.L.C.

[¶1] This matter comes before us pursuant to M.R. App. P. 24(c) on report from the Superior Court (York County, Fritzsche, J.). Littlebrook Airpark Condominium Association ("the Association”) brought this action seeking, among other things, a declaratory judgment clarifying the rights of the parties pursuant to a lease of real property. The reported question concerns the effectiveness of an

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City of Lincoln Center v. Farmway Co-Op, Inc.

The City of Lincoln Center (City) cited Farmway Co-Op, Inc., and Farmway Storage #1, LLC (together "Farmway") for violating municipal noise and nuisance ordinances. The violations arose out of Farmway's operation of a grain elevator facility inside the city limits. After the municipal court convicted Farmway under both ordinances, the district court reversed the convictions, holding the ordinances

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Dallas Kent v. Derek Moon Thompson

Dallas Kent and Cindy Jenkins Kent, husband and wife and as parents and next of kin to Joseph Newton Jenkins Kent, decased, sued Derek Moon Thompson, William Charles Birdshead and Helmerich & Payne, Inc. on auto negligence wrongful death theories claiming:

1. Plaintiffs are and were at all relevant times residents of Blackwell, Kay County, Oklahoma.

2. Defendant Derek Moon Thompson (

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Mahayla Silliman v. Teddy Adkins

Mahayla Silliman sued Teddy Adkins on an intentional infliction of emotional distress and negligence theories claiming:

1. Plaintiff Mahayla Silliman, Date of Birth, November 23, 1993, is an individual and resident of Dripping Springs, Hayes County, in the State of Texas. At the time of the animal attack alleged herein she was a minor and is filing this action before her nineteenth birthd

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John M. McVicars v. Bret Christensen

This appeal arises from a Nez Perce County district court's finding that Bret and Eddieka Christensen's building constituted a private nuisance to John and Julie McVicars. In 2006, the Christensens began construction of a fabric building adjacent to the property line shared with the McVicarses. After its completion, the McVicarses filed a nuisance action alleging that increased noise, traffic, and

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Flora Dolnikov v. Dikran Ekizian

We hold in this appeal that conduct can constitute actionable interference with the use and enjoyment of an easement even when the conduct does not physically obstruct the servitude. The easement in question is for ingress and egress to undeveloped lots in the Hollywood Hills. Plaintiff Flora Dolnikov, owner of the dominant tenement, was interrupted during her construction of two residences by def

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Lanty Wylie and Patricia Wylie v. Hide-a-Way Lake Club, Inc. and Hide-a-Way Lake Community Church

Lanty Wylie and Patricia Wylie appeal the trial court's orders denying their motion for summary judgment and granting Appellees, Hide-A-Way Lake Club, Inc.'s and Hide-A-Way Lake Community Church's, respective motions for summary judgment as well as its awards of attorney's fees to Appellees. The Wylies raise six issues on appeal. We affirm.

BACKGROUND

Hide-A-Way Lake is a residential

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Florafax International, Inc. v. GTE Market Resources, Inc.

We consider the appropriateness of a jury award of lost profits over a two year time period in favor of appellee/counter-appellant, Florafax International, Inc. against appellant/counter-appellee, GTE Market Resources, Inc., for breaching a contract requiring GTE to provide telecommunication and/or telemarketing services for Florafax. The profits were those Florafax claimed it stood to make from a

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Keven Windel v. Mat-Se Title Insurance Agency, Inc.

The primary issue in this consolidated appeal is the validity and interpretation of a roadway easement granted to meet a borough's subdivision plat-waiver requirements. The borough later approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original 50-foot eas

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State of Michigan v. The Sault Ste. Mari Tribe of Chippewa Indiana

Judge. The State of Michigan sued to enjoin the Sault Ste. Marie Tribe of Chippewa Indians from applying to have land taken into trust by the Secretary of the Interior pursuant to the Michigan Indian Land Claims Settlement Act (MILCSA). The Tribe bought land from the City of Lansing, Michigan for the purpose of building a class III gaming facility. To purchase the property, the Tribe used funds ap

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