Trespass Law
 
Grapevine Diamond, L.P. and Jonathan Aflatouni v. City Bank

In this post-foreclosure deficiency suit, a second lienholder and guarantor challenge a foreclosure sale by the first lien holder. The main areas of controversy include whether (1) the first lien holder conclusively established its right to enforce the underlying notes and guaranties despite an alleged name discrepancy between the loan documents and pleadings, (2) alleged irregularities in the for

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LightSquared Inc. et al v. Deere & Company et al

Before the Court is the joint motion of Defendants Deere & Company ("Deere"), Garmin
International, Inc. ("Garmin"), Trimble Navigation Limited ("Trimble"), and The U.S. GPS
Industry Council ("USGIC," and collectively, "Defendants") to dismiss two related actions
brought against them by LightSquared, Inc. ("LightSquared"), a mobile telecommunications
company currently in Chapte

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State Of New Mexico v. Stanfield

On October 23, 2009, Sonny Jim and Fernando Begay were on Wayne14
Johnson’s property in San Rafael, New Mexico. They were putting away tools after15
taking down a barbed-wire fence when they were confronted by Defendant, who was16
a tenant on Johnson’s property. Defendant began shouting at Jim, and then got back17
in his truck and drove toward his trailer. When he returned sho

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State Of Kansas v. McFeeters

Dennis McFeeters, Jr., admitted to the district court that he had violated certain conditions of his probation order. The court revoked his probation and sent him to prison. While we agree with the district court that his probation was ripe for revocation, the trouble we have with the court's order is that it did not set forth with particularity why an intermediate sanction, normally imposed in su

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Thomas Glynn Flynt a/k/a Thomas Flynt a/k/a Thomas G. Flynt v. State of Mississippi

On April 11, 2009, Tommy Flynt and his family went to a cousin’s house for a large
family Easter egg hunt. Tommy arrived around noon with his wife, Melissa, and their two
children, Charee, fourteen, and Charles, ten. Samantha Crabtree, a friend of Charee’s, was
with them as well. The adults were drinking, and Tommy admits to having two beers.
¶3. At some point, Tommy’s ol

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The People of the State of Colorado v. Herrera

Faith W.’s mother told police that she believed Herrera was having sexual
interactions with her daughter. Soon thereafter, Detective Robert Dodd started texting
Herrera posing as “Stazi,” a fourteen-year-old girl. Eventually these texts led to
Herrera’s arrest, at which time police seized Herrera’s cell phone.
¶3 Detective Dodd obtained a warrant to search the cell

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James LeBlanc, Christine LeBlanc Fortin, David LeBlanc and Herman LeBlanc v. Robert E. Snelgrove

This case encompasses two main related sets of disputes. One dispute arises from a landowner’s replacement of his boathouse and construction of ancillary retaining walls that encroach onto his neighbors’ property. This dispute includes claims for declaratory and injunctive relief, as well as damages on account of the landowner’s alleged
trespass. The neighbors challenge the trial cou

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State of Vermont v. Kent Richland, Jr.

Defendant Kent Richland appeals his conviction for enabling the consumption of alcohol by a minor in violation of 7 V.S.A. § 658(a)(2), following a jury trial in Chittenden Superior Court, and the probation conditions imposed by the court at sentencing. We reverse the trial court’s holding with respect to the knowledge requirement of § 658(a)(2) and
remand for a new trial. Because of ou

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Red Boot Production Company, Inc., Barbara Landrum, Widow of Claude John Landrum, Eric Landrum, Matthew Wayne Landrum, Scott Michael Landrum, Dawn Ewing Mills, Tamara Ewing, Sean Ewing, Laura Ewing, J. Patrick Morris Sr., Joseph J. Morris, et al v. Samson Exploration, LLC and SM Energy Company F/K/A St. Mary Land & Exploration Company, et al

In this trespass to try title appeal that concerns oil and gas interests, the parties to the appeal dispute whether the trial court properly granted summary
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judgment quieting title to a strip of land in use as an irrigation canal. Based on the summary judgment evidence, the trial court determined that a 1908 deed and a 1916 deed conveyed the grantor’s interest in the two tracts to the

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Michael Bloom v. Sandra M. Swango

Michael Bloom appeals the probate court’s judgment declaring heirship, arguing in his first two issues that the probate court did not have jurisdiction to make a determination of heirship because Sandra M. Swango failed to allege and prove all the required statutory elements. In his third issue, Bloom contends that, because the probate court did not have jurisdiction, the probate court’s judgm

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Lightning Oil Company v. Anadarko E&P Onshore LLC fka Anadarko E&P Company, LP

On August 19, 2015, this court issued an opinion and judgment in this appeal. Acting sua sponte, we withdraw our opinion and judgment of August 19, 2015, and substitute this opinion and judgment to clarify portions of the opinion. See TEX. R. APP. P. 19.1.
This is a subsurface trespass case between lessees of two adjacent mineral estates. Lightning Oil Company sued Anadarko E&P Onshore LLC to

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The People of the State of Colorado, v. Ivan Quintero-Amador.

Quintero-Amador was charged with assault, menacing, criminal trespass, and a
crime of violence. The charges were based on an incident in which Quintero-Amador
allegedly drove into an apartment building’s parking lot, used his car to block the
victim’s truck, opened the truck’s door, and beat the victim with a baseball bat.
¶3 At trial, the court gave Quintero-Amador a d

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Ron D. GLICK, Plaintiff–Appellant, v. Dave EDWARDS, Defendant–Appellee.

OPINION
An old fable tells tale of a Pope, who, convinced of his own grave sin, called on his cardinals to judge him. “No, Your Holiness!” they replied. “We cannot sit in judgment over you. You must be your own judge.” And so, faced with the necessity his soul be judged, the Pope judged himself. He confessed his sin and abdicated the Holy See. He is now commemorated as a saint.
Thi

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XOG Operating, LLC and Geronimo Holding Corporation v. Chesapeake Exploration Limited Partnership and Chesapeake Exploration, LLC

This is an oil and gas “retained acreage” dispute concerning the amount of acreage, if any, reverting to the assignors upon the expiration of the primary term of an assignment of four oil and gas leases. Appellants, XOG Operating, LLC and Geronimo Holding Corporation (collectively “XOG”), brought this trespass to try title suit against
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Appellees, Chesapeake Exploration Limited Pa

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State Of Ohio v. Adams

In the autumn of 1985, Gina Tenney was a sophomore at Youngstown State University. She lived alone in a second-floor apartment in a converted house on Ohio Avenue in Youngstown. {¶ 5} Adams lived in the same house in a downstairs apartment with his girlfriend, Adena Fedelia. The duplex had an interior common staircase. {¶ 6} Around 1:00 a.m. on December 25, 1985, Tenney was getting ready for b

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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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In the Matter of T.L.R.

A jury found appellant engaged in delinquent conduct, and the trial court placed appellant on probation for nine months in his home. In two issues on appeal, appellant asserts the trial court erred by (1) overruling his objection to his statement that there were brass knuckles in his backpack and (2) denying a requested jury charge on the warrantless search of his backpack. We affirm.
BACKGROU

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Nac Tex Hotel Co., Inc. v. Stephen Greak

Nac Tex Hotel Co., Inc. (Corporation) appeals a judgment awarding title and possession of certain real property and attorney’s fees to Stephen Greak, Dee Winston, and E & G Investments (collectively Partnership). For the reasons that follow, we modify the judgment to delete the award of attorney’s fees and affirm the judgment as modified.
BACKGROUND
In 1966, Arthur Temple and R.B. Thom

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Union Pacific Railroad Company v. Charles Seber and Barbara Seber

Charles and Barbara Seber sued Union Pacific Railroad Company
contending that it wrongfully removed the Sebers’ private railroad crossing. The
Sebers claimed a right to use the crossing pursuant to an implied easement by prior
use. The trial court granted summary judgment in favor of the Sebers, declaring
that the Sebers have a right to use the crossing and ordering Union Pacific

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United States of America v. Baaron Hagood

Tulsa, OK - Jennings Resident Settles Trespass and Destruction of Cimarron River Public Property Claims

A Jennings man agreed to pay $4,000 in civil penalties to settle allegations of trespass and destruction of United States Government property on the Cimarron River.

According to the settlement agreement, Baaron Hagood owns residential property near the Cimarron River adjacent t

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Eugene Watts v. Francis Sauri Nathan

On April 30, 2012, pro se appellant Eugene Watts sued appellee Francis Sauri Nathan in small claims court for theft of property. Nathan counterclaimed for trespass and prevailed.2 Watts appealed to the county court at law for a trial
1See Tex. R. App. P. 47.4.
2Nathan added Watts’s cohort Sean Miguel Mathis as a third-party defendant in small claims court, and the trial court’s judgmen

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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

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State of Montana v. Walter Larson

On April 5, 2015, a jury convicted Walter M. Larson (Larson) of deliberate
homicide in the Seventh Judicial District Court, Dawson County. The victim was
Larson’s ex-wife, Susan Casey (Susie). Larson challenges the denial of his motion to
suppress statements made while in police custody and asserts that police questioned
Larson in violation of his right to counsel and right

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Stephanie Lenz v. Universal Music Corp.

Stephanie Lenz filed suit under 17 U.S.C. § 512(f)—part
of the Digital Millennium Copyright Act (“DMCA”)—
against Universal Music Corp., Universal Music Publishing,
Inc., and Universal Music Publishing Group (collectively
“Universal”). She alleges Universal misrepresented in a
takedown notification that her 29-second home video (the
“video”) constituted an

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Pointe West Center, LLC v. It's Alive, Inc. and Shamil Qureshi, Individually, and as agent for, It's Alive, Inc.

Pointe West Center, LLC filed suit against its former tenant, It’s Alive, Inc., and the tenant’s guarantor, Shamil Qureshi, for breach of contract. The jury awarded some, but not all, of the claimed damages. The trial court did not award attorneys’ fees to Pointe West. Both sides appealed. In two issues, Pointe West
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argues the trial court erred by denying its motion for judgment no

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