Nuisance Law
 
Joseph and Jamie Schwartzott v. Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants' pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners' association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court's dismissal as to one claim, reverse the trial court's

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The People v. Rico Lyntice Riley

The People of the State of California charged Rico Lyntice Riley, age 31, with multiple sexual assault charges, including rape and tying up the female victim.

The woman was assaulted by Riley and one of her friends after she refused Riley's sexual advances, according to a Sacramento County District Attorney's Office news release. The friend eventually left the woman's apartment, but Rile

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Robert Hamilton v. Jerry Ablitar

Robert Hamilton appeals a small claims court judgment finding him personally liable to Jerry Ablitar for damages to Ablitar's property stemming from Hamilton's logging activities on an adjacent tract and his unlawful trespass on Ablitar's property. The small claims court awarded Ablitar $6000 in damages, the maximum jurisdictional amount. In this appeal, Hamilton challenges the small claims court'

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Harold Haggerty v. Hoosier Energy Rural Electric Cooperative, Inc.

Hoosier Energy owns and operates an electric generation facility known as the Merom Generating Station ("Station”), located in Sullivan County, Indiana. Hoosier Energy entered into a contract with C&K Industrial Services ("C&K”), Haggerty's employer. Hoosier Energy retained C&K to provide vacuuming, jetting and hydro blasting services at the Station as needed. One of these occasions wa

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Nancie J. Cloe v. City of Indianapolis

Nancie J. Cloe started working for the City of Indianapolis in April 2007. In March 2008, she was tragically diagnosed with multiple sclerosis ("MS”), a chronic, incurable neurological disorder that rendered her disabled and significantly impaired her day-to-day life. On June 29, 2009, the City terminated her, ostensibly for poor performance. Cloe sued under the Americans with Disabilities A

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Paul Marinaccio Sr. v. Town of Clarence

Paul Marinaccio Sr., age 65, sued the Town of Clarence, New York and Kieffer Enterprises, Inc. on negligence theories claiming that runoff from a Kieffer's development turned his property into a wetland occupied by frogs, of which he was terrified, making him a prisoner in his own home.

Plaintiff commenced this action asserting causes of action for, inter alia, trespass and private nuisan

More...   $1600000 (04-08-2013 - NY)

Michael W. Meade v. 823 Properties, LLC

Michael W. Meade sued 823 Properties, LLC on a personal tort theory claiming:

1. Plaintiff, Michael W. Meade ("Meade”), is the owner of record of Lot 28 in Block One (1), of FLOYD ADDITION, a subdivision of Norman, Cleveland County, Oklahoma ("Lot 28” of "Floyd Addition”). According to professional surveys, the southern most boundary line fence for Lot 28 crosses into th

More...   $1 (03-28-2013 - OK)

Conejo Wellness Center, Inc. v. City of Agoura Hills

Appellant Conejo Wellness Center, Inc. (Conejo) is located in the City of Agoura Hills. Conejo is a California cooperative corporation that operates as a nonprofit collective engaged in the distribution of medical marijuana to its members. Respondent is the City of Agoura Hills (Agoura).

In the court below, Conejo filed a complaint which sought injunctive and declaratory relief against Agou

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Tulsa Shoe Rebuilders, LLC v. Tulsa Parking Authority

Tulsa Shoe Rebuilders, LLC sued the Tulsa Parking Authority; American Auto Parks, LLC; Phoenix Rising, Inc. and Subway Real Estate Corporation on negligence theories claiming:

1. Plaintiff is an individual doing business in Tulsa County, Oklahoma.

2. Defendant Tulsa Parking Authority (hereinafter TPA) is a public authority authorized by Oklahoma statutes. American Auto Parks, L.L

More...   $1 (03-22-2013 - OK)

Kyle West v. Christopher Mansfield

Kyle West sued Christopher Mansfield and Mr. Ed's Auction Company, Inc. on a negligence theory claiming:

1. Kyle West is an individual living within Tulsa County, State of Oklahoma. Defendant, Christopher Mansfield ("Mansfield”), is an attorney having offices in Tulsa County, Oklahoma. J. Edward Vierheller ("Vierheller”) is an individual and principal owner of Mr. Ed's Auction

More...   $1 (03-18-2013 - OK)

Simona Wilson v. Southern California Edison

Simona Wilson sued Southern California Edison on a negligence theory claiming to have been repeatedly shocked in her home by stray electricity.

She claimed to have sustained nerve damage when electricity pulsed through her showerhead and left her4 with nerve damage in her hand and feet.

Defendant denied wrongdoing.

Plaintiff's home was originally built by the defendant

More...   $4000000 (03-20-2013 - CA)

Northern Natural Gas Company v. ONEOK Field Services Company, LLC

In this conversion action, Northern Natural Gas Company (Northern) claims ONEOK Field Services Company, L.L.C., ONEOK Midstream Gas Supply, L.L.C. (collectively ONEOK), Lumen Energy Corporation, and Lumen Midstream Partnership, LLC (collectively Lumen) wrongfully converted natural gas by purchasing gas from two producers, Nash Oil & Gas, Inc. (Nash) and L.D. Drilling, Inc. (L.D.), which operated w

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James J. Flanagan Shipping Corporation v. Del Monte Fresh Produce, N.A., Inc.

James J. Flanagan Shipping Corporation appeals the trial court's rendition of a take nothing judgment on its claims against Del Monte. Flanagan sued Del Monte and other defendants for breach of fiduciary duty, knowing participation in a breach of fiduciary duty, conspiracy, conversion, unjust enrichment, unfair competition, and accessing proprietary and confidential business information. After set

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Gary Goforth v. Custom Homes Leasing, LLC

Gary Goforth and Karen Goforth, individually and on behalf of their minor child, sued Custom Homes Leasing, LLC and Nancy L. Anderson on negligence theories claiming:

1. The Plaintiffs are residents of Oklahoma County.

2. CHL is an Oklahoma limited liability company, with its principal place of in Oklahoma County.

3. The cause of action arose in Oklahoma County.

More...   $0 (03-06-2013 - OK)

After the February 12, 2009 crash of Continental Connection Flight 3407 on approach to Buffalo-Niagara International Airport, plaintiff-appellant County of Erie, New York ("the County”) sued defendants-appellees Colgan Air, Inc., Pinnacle Airlines Corp., and Continental Airlines, Inc. (collectively "defendants”) to recover its expenditures in responding to, and cleaning up after, the a

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Keith Redburn v. Charmelle Garrett

By two issues, appellant, Keith Redburn, appeals the trial court's order (1) granting a plea to the jurisdiction filed by appellees, Charmelle Garrett, individually and as the City Manager of the City of Victoria, Texas ("the City”), Lynn Short, individually and as the Director of Public Works for the City, and the City, and (2) dismissing appellant's claims against appellees with prejudice.

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Wood Park Terrace Apartments Limited Partnership v. Tri-Vest

Plaintiff appeals a judgment for defendant, assigning error to the trial court's grant of defendant's summary judgment motion, which was based on the court's conclusion that plaintiff's action for negligence, negligence per se, and nuisance was time barred. We conclude that the trial court correctly granted summary judgment to defendant and, accordingly, affi rm.

Plaintiff owns the Wood Par

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Albert Clatterbuck v. City of Charlottesville

This case presents the question of whether a municipal ordinance, which prohibits individuals from soliciting immediate donations near two streets that run through the Downtown Mall in Charlottesville, Virginia, unconstitutionally restricts the free speech of individuals who regularly beg on the Downtown Mall. We hold that the district court erred by resolving this issue at the pleadings stage, an

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Robert Lee Keller v. City of Tulsa

Robert Lee Keller sued the City of Tulsa on a governmental tort claim negligence theory claiming:

That the Plaintiff, Robert Lee Keller, is a resident of Tulsa Coünty,c Oklahoma and is the owner of ceitain real property located at 317 South 1 19th East Avenue, Tulsa, Oklahoma. II. Defendant City of Tulsa is a municipal corporation organized and existing under the laws of the State of Okl

More...   $8000 (02-15-2013 - OK)

Kyle West v. Christopher Manfield

Kyle West sued Christopher Manfield, J. Edward Vierheller and Mr. Ed's Auction, Inc. on negligence theories claiming:

1. Petition for probate of the will was filed on April 2,2009, and Chnstopt.er Mansfield was appomted to serve as special administrator on April 27, 2009.

2. Kyle lives m Tulsa, Oklahoma, and Marie lives m Denver, Colorado Although they are brother and sister, the

More...   $1 (02-14-2013 - OK)

Brenda Walker v. City of Spencer

Brenda Walker sued the City of Spencer on a governmental tort claim theory pursuant to 51 O.S. 151, et al. claiming:

1. On or about the 19th day of January 2011, the properties located at 4909, 4912 and 4913 Chester Street, Spencer, Oklahoma County Oklahoma, were conveyed to Plaintiff by Quit Claim Deed.

2. On a date uncertain, Defendant was given notice of the conveyances of the

More...   $0 (02-04-2013 - OK)

Martina A. Silas v. James Ellis Arden

James Ellis Arden (Arden) appeals judgment in favor of Martina Silas (Silas) in Silas's action against Arden for malicious prosecution of a malpractice action against her. Silas represented Ross Gunnell (Gunnell) in a personal injury action resulting in a jury award that was later overturned on the grounds that worker's compensation was the exclusive remedy. Gunnell filed a malpractice action aga

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Bob McGinnis v. Chris Barrett

Bob McGinnis and Christine McGinnis sued Chris Barrett and Melissa Barrett claiming:

1. Plaintiffs are residents of Cleveland County, State of Oklahoma. Plaintiffs own in fee simple certain real property described as follows: 8/2 of the SW/4 of the NW/4 of Sec. 1OT 9North-RlEast.

2. Defendants are residents of Cleveland County, State of Oklahoma.
Trespass

3. Defendan

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City of Houston v. Young Song

In this interlocutory appeal, the City complains that the trial court erred in denying the City"s plea to the jurisdiction because appellees have not alleged an inverse condemnation claim for which governmental immunity has been waived and do not have standing to seek injunctive relief based on the City"s construction of medians within a public roadway near appellees" businesses. Because appellees

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Crosstex DC v. Terry Titus Button

Appellant Crosstex DC Gathering Company, J.V. condemned a portion of land owned by Terry Titus Button and Ossie A. Button for purposes of a pipeline easement.[2] The Buttons objected to the commissioner's award, and the issue of damages resulting from the easement was tried to a jury. Crosstex now appeals from the part of the trial court's judgment in condemnation awarding the Buttons $794,798.9

More...   $794789 (01-26-2013 - TX)