Trespass Law
 
Crystal Ridge Homeowners Association v. City of Bothell

We must decide whether the city of Bothell assumed
responsibility for maintaining a drainage pipe installed in Crystal Ridge, a residential
subdivision in Snohomish County. Crystal Ridge was developed from two residential
plats that Snohomish County approved in 1987. The area became incorporated into
the city of Bothell (City) in 1992. One of the plats contained a drainage easement

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Simona Wilson v. Southern California Edison Company

Defendant Southern California Edison Company (Edison) appeals from a judgment following a jury trial in which the jury found in favor of plaintiff Simona Wilson on her claims for intentional infliction of emotional distress (IIED), negligence, and nuisance, and awarded her $1,050,000 in compensatory damages and $3 million in punitive damages. All of her claims are based upon her allegation that Ed

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David Albert D/b/a David Albert Oil & Gas and ABX Oil & Gas, Inc. v. Dunlap Exploration, Inc.

This appeal concerns the applicability of a horizontal “Pugh” clause. See
Sandefer Oil & Gas, Inc. v. Duhon, 961 F.2d 1207 (5th Cir. 1992) (discussing the
origin and purpose of a Pugh clause, including a horizontal Pugh clause). The trial
court determined as a matter of law that the horizontal Pugh clause did not apply to
the gas wells that are the subject of this appea

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Adair Holdings, LLC v. Rogert P. Escher, Mary J. Escher and Persons in Possession

Roger and Mary Escher appeal from the district court’s ruling in an action to quiet title, initiated by Adair Holdings, L.L.C. The Eschers maintain the affidavit of service was defective and invalidated the tax deed. They also maintain the district court abused its discretion by allowing the plaintiff to amend the pleadings at the commencement of trial. Finally, they contend they are entitl

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Baohanh T. Dang v. Fiesta Pools and Spas

COMES NOW the Plaintiff, Baohanh T. Dang, by and through her attorney, Warren L. Wright, and for her cause of action against the Defendant, Fiesta Pools and Spas, alleges and states as follows:
1. The parties entered into a contract whereby Defendant’s employee was to come tq- Plaintiffs property on Thursday, Apnl 10, 2014 to clean and replace the water in her Hot Spnngs Spa.
2. Tha

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James Scott Richardson v. Greg Franc

In order to access their home in Novato, California, James Scott Richardson and Lisa Donetti (respondents) had to traverse land belonging to their neighbors, Greg and Terrie Franc (appellants) on a 150-foot long road which was authorized by an easement for “access and public utility purposes.” Over a 20-year period, both respondents and their predecessors-in-interest maintained landsca

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Carlton M. Albert v. Daniel B. Albert

[¶1] Carlton M. Albert Jr. appeals from a judgment entered in the Superior
Court (Aroostook County, Hunter, J.) in favor of his brother Daniel B. Albert,
following a non-jury trial. Carlton contends that the trial court erred in finding
that, when Carlton conveyed a parcel of land to Daniel in 1992, Daniel did not
have a confidential relationship with him and that Daniel did not

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Robert Runn v. Terry L. Riely and Petra E. Riely

Terry and Petra Riely (the Rielys) appeal the trial court' s judgment awarding
damages to Robert Gunn for timber trespass on Gunn' s property. The Rielys argue that the trial
court erred when it (1) applied RCW 4.24.630, the waste statute, instead ofRCW 64. 12. 030, the
timber trespass statute; (2) did not consider the Rielys' affirmative defense that Oasis Well Drilling
Oasis) was

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Felipe Pereida-Alba v. Rich Coursey

The decision of the Court of Appeals is reversed. The
judgment of the circuit court is reversed, and the case is
remanded to the circuit court for further proceedings.
Walters, J., concurred in the judgment and filed an
opinion.
Baldwin, J., dissented and filed an opinion.
______________
* Appeal from Umatilla County Circuit Court, James R. Hargreaves, Judge.
252 Or

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The People v. Juanita Vidana

A jury found defendant Juanita Vidana guilty of one count of grand theft by larceny (Pen. Code, § 487, subd. (a))1 and one count of grand theft by embezzlement (§ 503). The trial court suspended imposition of sentence and granted defendant 36 months of formal probation. She was ordered to serve 240 days in jail: 30 straight days, and the remainder to be served on weekends. In addition to the

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Armstrong DLO Properties, LLC v. Todd A. Furniss and Heather E. Furniss

Appellant Armstrong DLO Properties, LLC (“ADLO”) appeals the trial court’s order granting summary judgment that ADLO take nothing in favor of appellees Todd A. Furniss and Heather E. Furniss (“the Furnisses”). The order also awarded the Furnisses $40,670 in attorney’s fees against ADLO. The controversy brought before us is respecting title to a portion of a co

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Jeffrey Stevenson v. Charles Burton and Burton Construction

COMES NOW, Jeffrey Stevenson, Plaintiff in the above styled and captioned cause, by and through his undersigned counsel, Cynthia Rowe D’Antonio, of The Law Offices of Smith & D’Antonio, for his Petition against Defendants alleges and states as follows:
JURISDICTION AN]) VENUE
1. Plaintiff, Jeffrey Stevenson, at all times relevant and material here is an individual residing in

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Belle Terre Ranch, Inc. v. Kenneth C. Wilson

This case involves a boundary dispute between a Healdsburg vineyard and the
winery operators on the adjacent property. After a bench trial, the court ruled in favor of
the vineyard, quieting title in its favor and granting permanent injunctive relief against
further trespass by the vintners. The court also awarded $1 in nominal damages for past
trespass, and upon that basis awarded

More...   $0 (01-13-2015 - CA)

Jay Marc Harris v. Fiesta Texas, Inc., d/b/a Six Flags-Fiesta Texas, and Six Flags Corporation

Jay Marc Harris appeals the trial court’s orders granting summary judgment in favor of the appellees, Fiesta Texas, Inc. d/b/a Six Flags-Fiesta Texas, and Six Flags Corporation (“Six Flags”). Harris contends the trial court erred in granting summary judgment because: (1) he presented evidence to support his discrimination claims; and (2) his claims are not barred by limitations.

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Michael E. Davis a/k/a Tony Davis v. Electronic Arts, Inc.

We are called upon to balance the right of publicity of
former professional football players against Electronic Arts’
(EA) First Amendment right to use their likenesses in its
Madden NFL series of video games. We previously held
EA’s unauthorized use of a former college football player’s
likeness in the NCAA Football series of video games was not,
as a

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Chuck O'Dell v. Murphy Resources, Inc., Larence Smith and Lori Smith

Chuck O'Dell v. Murphy Resources, Inc., Larence Smith and Lori Smith

Issue # 1.
Issue: PROFESSIONAL NEGLIGENCE (PROFNEG)
Filed by: ODELL, CHUCK
Filed Date: 12/24/2008
Party Name: Disposition Information:

Defendant: MURPHY RESOURCES INC
Disposed: DISMISSED - WITH PREJUDICE, 09/30/2013. Dismissed- Settled.

Defendant: SMITH, LAWRENCE
Dispos

More...   $1 (12-15-2014 - OK)

Left Fork Mining Company, Inc. v. Irving Hooker, et al.

This is an appeal from the district court’s dismissal of a claim for money damages brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court found that the existence of an alternate remedial scheme created by statute precluded a judicially-created damages remedy
in this case. For the reasons stated herein, we AFFIRM.
I.<

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Rodolfo Sanchez v. City of Austin

Beginning in October 2011, Plaintiffs-Appellants Rodolfo Sanchez and Kristopher Sleeman participated in the Occupy Wall Street protests that took place in the plaza in front of Austin City Hall. After the protests had already started, Defendant-Appellee City of Austin promulgated a policy under which it issued criminal-trespass notices—oral or written notices that individuals must depart or

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South Commons Condominium Association v. Charlie Arment Trucking, Inc.

On June 1, 2011, a devastating
tornado struck the City of Springfield, Massachusetts. The twister
ripped through the downtown area and caused a great deal of damage.
Among the buildings affected were the South Commons Condominiums.
This appeal concerns the lawsuit the owners of those buildings
brought against the City, its officials, and one of its
contractors.1
The own

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Harry W. Chornuk v. Craig Nelson

[¶1] Craig and Julie Nelson appeal from a judgment quieting title in certain real property in Harry and Linda Chornuk and awarding the Chornuks damages for conversion, and from an amended judgment modifying the damage award. The Nelsons argue the district court erroneously found they did not purchase the property in good faith and erred in quieting title of the property in favor of the Chornuks

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Linda Rand v. KOA Campgrounds

¶1 Plaintiff Linda Rand appeals the trial court’s order
dismissing her claims against Defendants KOA Campgrounds,
1. The Honorable Pamela T. Greenwood, Senior Judge, sat by
special assignment as authorized by law. See generally Utah R. Jud.
Admin. 11-201(6).
Rand v. KOA
Victoria Orme, Doug Robinson, Don Boothroyd, Marlene
Boothroyd, J-J Bakd LC (collectively,

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James Gils v. Minerl Resources Internatinal, Inc.

¶ 1 This appeal concerns a breach of fiduciary duty claim that was the subject of a successful summary judgment motion. Mineral Resources International, Inc. (MRI) challenges the district court’s grant of summary judgment in favor of James Giles and award of attorney fees to Giles. The district court ruled that MRI had not presented sufficient evidence of actual damages caused by the all

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Salt Lake City v. Wade John Miles

¶1 Wade John Miles was convicted under Utah Code section
76-10-503 (2011)1 for having a pocketknife among his personal
SALT LAKE CITY v. MILES
Opinion of the Court
1 (...continued)
accordingly reference the 2011 version throughout this opinion.
2
belongings, which he carried with him in a shopping cart. Section 76-
10-503 of the Utah Code criminalizes, among othe

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Aurora Rodriguez v. Ventura Hernandez

Aurora A. Rodriguez, Israel Rodriguez, Edelmiro Romeo Alvarez, Silverio Simon Alvarez, Anita Irma Guerra, Emilio Roman Alvarez, Adrian Alvarez, Teodoro Alvarez, Jr., and Primitivo Alvarez (the “Alvarezes”) appeal the trial court’s judgment declaring the boundaries of a tract of real property owned by Ventura Hernandez. The western boundary of Hernandez’s property abuts pr

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James Ray Davis v. State of Oregon

Plaintiff sought damages first in federal court, then in state court, because 2 the state prolonged his incarceration by improperly calculating his release date from 3 prison.1 The federal court dismissed claims under state law for lack of jurisdiction and 4 denied claims under federal law on their merits. Plaintiff then filed this action in state 5 court, renewing tort claims under state law. The

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