Nuisance Law
 
Jerilyn Ann Cerda, as Next Friend of Noel Doe v. RJL Entertainment, Inc. d/b/a Chub Cheetah

This appeal arises out of the trial court's granting of special exceptions and subsequent dismissal with prejudice of certain causes of action asserted by appellant

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Jerilyn Ann Cerda ("Cerda”), as next friend of Noel Doe ("Noel”), against RJL Entertainment, Inc. d/b/a Club Cheetah ("Club Cheetah”). By one issue, Cerda asserts that the trial court erred in granting

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James Durham v. Sheriff Robert N. Jones

This appeal arises from a $1.1 million jury award in favor of a terminated employee on a claim of retaliation for the exercise of his First Amendment rights.

A veteran deputy sheriff used pepper spray and physical force to subdue a motorcyclist fleeing from a fellow law enforcement officer. The deputy duly prepared his report of the incident and submitted the report to his superiors, who in

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Michael R. Peacock v. William Steinert, Jr.

Michael R. Peacock sued William Steinert, Jr., Hedges Construction Co., Harriet B. Meier, The Harlan D. Meier and Betty L. Meier Family Trust, Dated April 12, 2011 on negligence theories claiming:

1. Plaintiffs are residents of Covington, Garfield County, Oklahoma. Defendants
Steinert and Hedges Construction are also residents of Garfield County, Oklahoma. Defendant
Harriet B. Mei

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Linda Adams v. MHC Colony Park Limited Partnership

More than 70 residents of a 186-space mobilehome park sued the owner for failing to properly maintain the park's physical improvements and common facilities, including the park's sewer system, water pressure, electrical system, and matters related to security such * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of se

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Lisa M. Detourney, et al. v. City of Coral Gables, etc., et al.

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners' association, the Rivera Neighborhood Association, Inc., (hereinafter "the Homeowners”) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A

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James Maral v. City of Live Oak

In December 2011, the City of Live Oak (the City) passed an ordinance prohibiting the cultivation of marijuana for any purpose within the City. Plaintiffs sued, contending the ordinance violated the Compassionate Use Act (CUA) (Health & Saf. Code,1 § 11362.5), the Medical Marijuana Program (MMP) (§ 11362.7 et seq.), equal

1 Further undesignated statutory references are to the Health

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Paul Hupp v. Freedom Communications, Inc.

On March 22, 2012, plaintiff Paul Hupp filed a complaint against the Freedom Communications Inc., dba The Orange County Register (the Register), alleging that it breached its user agreement with Hupp by failing to remove comments made on their website concerning Hupp.

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The Register responded by filing a special motion to strike (anti-SLAPP) motion under Code of Civil Procedure secti

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G. Christian Corcoran and Peggy Corcoran v. Atascocita Community Improvement Association, Inc.

In two issues, appellants, G. Christian Corcoran and Peggy Corcoran, challenge the trial court's summary judgment in favor of appellee, Atascocita Community Improvement Association, Inc. ("ACIA”). We affirm.

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I. BACKGROUND

ACIA is non-profit corporation whose members are certain property owners in Atascocita. ACIA is governed by a board of trustees. ACIA's purpose is to

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Tom Gregory v. Mark Shurtleff

¶1 Appellants brought suit to enjoin the enforcement of a law, claiming that the law violated the state constitution in four respects. The district court dismissed the first two claims and rejected the second two claims on summary judgment. On appeal, we consider whether Appellants had standing to bring these claims in the first place. We hold that, although they lacked the personal injury requir

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Weber County v. Ogden Trece aka Centro City Locos

¶1 We are presented with two consolidated cases. The first is a direct appeal (Appeal) from an injunction entered against Ogden Trece (Trece), a criminal street gang. The second is a petition for

WEBER CO. v. OGDEN TRECE

Opinion of the Court

extraordinary writ (Petition) brought by three alleged Trece members who were served with the injunction.

¶2 Weber County (Count

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Friars Village Homeowers Association v. Charles I. Hansing

This appeal arises from a judgment issued after a bench trial in these two consolidated cases, on a stipulated record, (1) granting declaratory relief at the request of a homeowners association of a common interest development, that an election rule it adopted is valid and enforceable; and (2) denying an owner's request in his small claims case to challenge that rule as inconsistent with the devel

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Bretco, LP v. East Central Oklahoma Electric Cooperative

Bretco, LP sued East Central Oklahoma Electric Cooperative and Gordon Construction Company, Inc. on negligence theories claiming:

1. Plaintiff, Bretco, L.P. (hereinafter "Plaintiff' or "Bretco”), is a domestic limited partnership orgamzed under the laws of Oklahoma.

2. Defendant, East Central Electric Cooperative (hereinafter "East Central or the "Cooperative”), is an

More...   $1 (09-26-2013 - OK)

City of Houston v. BCCA Appeal Group, Inc.

The present dispute requires us to determine the constitutionality of a home-rule city's ordinance which purports to regulate air pollution within that city's

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borders. The BCCA1 Appeal Group, Inc. (the Group), a non-profit organization whose members own and operate industrial facilities in the Houston area, brought suit to enjoin enforcement of two air pollution control ordinances

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David Hendleman v. Los Altos Apartments, L.P.

Named plaintiffs David Hendleman and Anne Aaronson appeal from the order of the trial court denying their motion for certification of a class of tenants at the Los Altos Apartments in the context of their lawsuit against the landlord. Plaintiffs brought this action alleging the landlord failed to repair and maintain the property in a safe and habitable condition over a period of 10 months, unlawfu

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Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu and Tzyy-Wen-Hzy v. City of San Antonio

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu, and Tzyy-Wen-Hzy ("Appellants”), appealed the determination of the City of San Antonio's Dangerous Structure Determination Board

04-10-00836-CV

("DSDB”) that an apartment building was a public nuisance. After the City demolished the building, Appellants amended their pleadings to allege an inverse condemnation takings claim agains

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Eric Walker v. Builddirect.com Technologies, Inc.

Under Tenth Circuit Rule 27.1 the United States Court of Appeals for the Tenth Circuit submits to the Supreme Court of Oklahoma this request that the court exercise its discretion under Okla. Stat. tit. 20, § 1602 (1997), to accept the following certified question of Oklahoma law:

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled

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In Re Bradley Estates

In this case, we decide whether a civil contempt petition that seeks indemnification damages under MCL 600.1721 imposes "tort liability” within the meaning of MCL 691.1407(1) of the governmental tort liability act (GTLA), MCL 691.1401 et seq. Given the Legislature's use of the common-law term "tort,” we hold that "tort liability” as used in MCL 691.1407(1) of the GTLA encompasses

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Masonite Corporation v. County of Mendocino

Masonite Corporation (Masonite) appeals from a judgment denying its petition for writ of mandate to set aside approvals by Mendocino County (County) of the Kunzler Terrace Mine Project (Project) to be developed by Granite Construction Company (Granite; Granite and the County are hereafter referred to collectively as respondents), and the final environmental impact report (EIR) for its Project, for

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City of McAllen, Texas v. Arnaldo Ramirez, Jr.

Arnoldo Ramirez Jr., Raul Romero, Promotions of America, Inc. ("Promotions”), and Nolana Entertainment, Inc. ("Nolana”), brought suit against the City of McAllen for "taking of property without due course of law or compensation” under article 1, section 17 of the Texas Constitution. See TEX. CONST. art. I, § 17 (establishing that "no

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person's property shall be

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Doe Run Resources Corporation v. Lexington Insurance Company

Doe Run Resources Corporation ("Doe Run”), the largest integrated lead producer in the Western Hemisphere, operates the Sweetwater Mine and Mill near Viburnum, Missouri. Doe Run extracts and crushes ore containing lead and other metals at the mine, processes the crushed ore at a mill near the mine, and either sells the resulting lead concentrate on the world market or transports it by truck

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Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court's judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, "the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

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Subdivision, Grimes County, Texas, conveyed three

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Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court's judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, "the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2 Subdivision, Grimes County, Texas, conveyed three

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General Bell v. Tri-County Republican Transportation District of Oregon

2 The question in this case is whether plaintiff's survival action against a
3 public body must be brought within two years or three years of the alleged injury. Either
4 of two statutes supplies the answer. On the one hand, ORS 30.275(9) provides that,
5 "notwithstanding any other * * * statute providing a limitation on the commencement of
6 an action," a tort action against a pub

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National Amusements, Inc. v. The Borough of Palmyra

In 2008, the Borough of Palmyra ("Palmyra”) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. ("NAI”), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra's action violated its constit

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James & Elizabeth Carlson, Et Al v. City of Houston

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

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and Manny Espinola (Homeowners) appeal from an order granting the City of Houston's plea to the jurisdiction. We reverse and remand for proceedings consistent wit

More...   $0 (05-02-2013 - TX)

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