Trespass Law
 
JOSEPH GENERAL CONTRACTING, INC. v. JOHN COUTO ET AL. JOHN COUTO ET AL. v. LANDEL REALTY, LLC, ET AL

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.

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Stevon Anzaldua v. Northeast Ambulance and Fire

Stevon Anzaldua worked for the Northeast Ambulance and Fire Protection
District (“Fire District”) as a full-time paramedic and firefighter. After the Fire
District suspended Anzaldua for purportedly failing to respond to a directive issued
by Chief Kenneth Farwell, Anzaldua emailed a newspaper reporter expressing
concerns about the Fire District and about Chief Farwell in parti

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Liberty University, Inc. v. Citizens Insurance Company

In November 2012, Janet Jenkins sued Liberty University, Inc. (“Appellee”), alleging that the school participated -- both directly and vicariously -- in a scheme to kidnap Jenkins’s daughter in order to disrupt the parent-child relationship. In her complaint (“Jenkins Complaint”), Jenkins alleged that Appellee and its agents helped Lisa Miller, the child’s biological mother and Jenkins

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THE PEOPLE v. JASON STEPHEN SIGUR,

Defendant Jason Stephen Sigur appeals from a judgment of conviction following a jury trial. After meeting in an Internet chat room, defendant engaged in a sexual relationship with a thirteen-year-old girl for approximately two months, including in the home where the victim lived with her mother and grandmother after secretly entering through the victim’s bedroom window for that purpose. He was

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State of Oklahoma v. Johnny Q. Sittingdown

¶1 Appellee, Johnny Q. Sittingdown, was charged by Information February 21, 2007, as amended July 28, 2008, in the District Court of Woods County, Case No. CF-2007-17, with two counts of Unlawful Possession of Controlled Dangerous Substance With Intent to Distribute Within 2000 Feet of a School (Methamphetamine), After Former Conviction of a Felony (63 O.S.Supp.2005, § 2-401). Following the pr

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Commonwealth of Massachusetts v. Darren Dyette

After a jury trial, the defendant, Darren
Dyette, was convicted of possession of a firearm and carrying a
2
loaded firearm. See G. L. c. 269, § 10(a), (n).
1 The defendant
contends on appeal that his motion to suppress was wrongly
denied because (1) the police lacked reasonable suspicion to
conduct an investigatory stop, (2) the stop escalated to an
arrest lacki

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David Laughing Horse Robinson v. Sally Jewell

In this appeal, the Kawaiisu, a non-federally recognized
Native American group indigenous to the Tehachapi
Mountains and the Southern Sierra Nevada (“the Tribe” or
“the Kawaiisu”), and its elected chairperson, David Laughing
Horse Robinson, appeal the dismissal of their claims asserting
title to the Tejon Ranch, one of the largest continuous
expanses

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Merilyn Cook v. Rockwell International Corporation and DOW Chemical Company

Harnessing nuclear energy is a delicate business. So is the statute before
us. Originally passed in the 1950s in an era captivated by the promise of nuclear
power and amended in the 1980s in the aftermath of the Three Mile Island
meltdown when prevailing public sentiment was perhaps less sanguine, the Price-
Anderson Act seeks both to promote the private nuclear energy industry and

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Eric Walker v. Builddirect.com

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when

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Jun Ki Kim v. The True Church Members of the Holy Hill Community Chruch

Cross-defendants and appellants1 appeal from a judgment after a court trial in favor of cross-complainants and respondents.2 All claims but respondents’ claim for declaratory relief were dismissed before trial, and the court found in favor of respondents on that cause of action. In their timely appeal, appellants contend the trial court made three errors that warrant reversal. First, the co

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Lilli Shoen v. Juliet Zacarias

A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in exchange for paying damages, but only if, among other things, the hardship on the trespasser in ceasing the trespass is “greatly disproportionate” to the hardship on the land’s owner in losing use of the trespassed-upon portion of her land. (E.g., Tashakori v. Lakis (2

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Leroy Stroman v. Roxann Martinez

In this appeal from a forcible detainer action, appellant Leroy Stroman appeals the justice court’s award of possession of a property adjoining Stroman’s residence to appellee Roxann Martinez. Stroman contends that the justice court lacked jurisdiction to hear the case and that Martinez could not maintain a forcible detainer action against him. We affirm.
2
FACTUAL BACKGROUND

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United States of America v. Steven Nichols

Pierre, SD - Steven Nichols, age 44, was sentenced to 12 months in custody, 1 year of supervised release, a $25 assessment to the Federal Crime Victims Fund, and ordered to not re-enter the lands of Todd County and the Rosebud Sioux Indian Reservation for Criminal Trespass.

In the summer of 2011, the Rosebud Sioux Tribe’s Attorney General petitioned the tribal court to bar Nichols

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Cody Meine, et al. v. Hren Ranches, Inc., et al.

¶1 Plaintiffs/Appellees (collectively, the Meines) commenced this action in the Fifth
Judicial District Court, Beaverhead County, against Defendants/Appellants (collectively,
the Hrens) seeking a determination that they hold a prescriptive easement over the Hrens’
land and a permanent injunction prohibiting the Hrens from blocking or impeding the use
of this easement. Fol

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Eric Walker v. Bouilddirect.com

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when

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United States of America v. Kendan Fonville a/k/a Fudd

Cedar Rapids, IA - Kenneth Fonville pled guilty to illegally possessing a firearm in federal court in Cedar Rapids.

Kendan Fonville, also known as “Fudd,” age 22, from Cedar Rapids, Iowa, was convicted of one count of Possession of a Firearm by an Unlawful Drug User and one count of Possession of a Firearm with an Obliterated Serial Number.

In a plea agreement, Fonvil

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Heidi Gjersten v. Herman Ter Haar

[¶1] Pursuant to a California court order, Herman Ter Haar (Father) has sole legal and
physical custody of the parties’ child (the child), subject to limited visitation by Heidi
Gjertsen (Mother). Mother appeals from the district court’s order denying her petition for
modification of the California order pertaining to custody, care and visitation with the
child. We

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Earnest Taylor, as lawful power of attorney for Frankie Taylor v. Jeff Langham and Brenda Langham

This is an appeal of a summary judgment. Appellant, Earnest Taylor “as lawful power of attorney for Frankie Taylor”1 argues the trial court erred in
1Earnest Taylor alleged in his Original Petition that he was acting as “lawful power of attorney for Frankie Taylor.” He later described his status in subsequent pleadings as “Earnest Taylor Frankie Taylor in all capa

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State of Oklahoma v. Douglas W Coleman, CA-12-3227 and Adam Deshaun Tripp, CA-12-2108


Count # 1. Count as Filed: LMFR, GRAND LARCENY, in violation of 21 O.S. 1701-1708,1731
Date of Offense: 12/04/2011

Party Name Disposition Information

COLEMAN, DOUGLAS W Disposed: DEFERRED, 07/10/2012. Guilty Plea
Count as Disposed: TRESPASS BY CUTTING(OPRP)
Violation of 21 O.S. 1401-1981

TRIPP, ADAM DESHAUN Disposed: DEFERRED, 07/10/2012. Guilty P

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Neil Donner And Kiyomi Donner v. James M. Blue

Homeowners Neil and Kiyomi Donner appeal an order for summary
judgment dismissing their breach of easement, negligence, nuisance, and trespass
claims against neighboring homeowners for damages to their residence resulting from a
clogged private sewer line shared by the parties. They argue the trial court erred when
71441-4-1/2
it dismissed their claims because respondent James

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United States of America v. Jantran, Inc.

The Miss Dixie is a cargo line boat operated by Jantran, a company
involved in maritime transportation on the Verdigris River in Oklahoma. While
operating on the river, the Miss Dixie struck and extensively damaged a lock
maintained by the Army Corps of Engineers. After repairing the lock, the Corps
sued Jantran for the costs of repair.
One would think such a suit would be a ro

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South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener v. Kitten Family Living Trust

Appellants, South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener (collectively “SPLR”), appeal from a property dispute decided in favor of Appellee, Kitten Family Living Trust (hereinafter the “Trust”), following a jury trial. In support, SPLR asserts (1) the evidence is legally and factually insufficient to support the jury’s finding that the parties reached an

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Duane R. Mueller v. Carolyn Hill

This is an appeal out of Bonner County from a judgment awarding damages for common law trespass and attorney fees for statutory trespass. We affirm the judgment except for $1,000 of the damages awarded and remand for the entry of an amended judgment.
I.
Factual Background.
Duane Mueller and his wife owned a 20-acre parcel of rural real property (Mueller Parcel) in Bonner County. They l

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Ryland Meews Homeowners Association v. Ruben Munoz

In this dispute between defendant Ruben Munoz and plaintiff Ryland Mews Homeowners Association (HOA or Association), plaintiff obtained a preliminary injunction requiring Munoz to remedy the unauthorized modification of the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contends that the superior court improperly balanced the prospective

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Debra Laverie, Ph.D. v. James Wetherbe, Ph.D.

James Wetherbe, Ph.D., sued Debra Laverie, Ph.D., alleging she slandered him through two statements she made to Texas Tech University’s provost. After discovery, Laverie filed a traditional motion for summary judgment claiming immunity from suit under section 101.106(f) of the Civil Practice and Remedies Code. The trial court denied her motion. She appeals, contending the undisputed facts s

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