Trespass Law
 
Charles Lairson v. Rusty Grissom

Charles Lairson and Patricia Lairson sued Rusty Grissom, an individual, and Grissom Farms, LLC, on negligence theories claiming:

1. At all times pertinent the Plaintiff was a citizen of Cleveland County, State of Oklahoma..

2. The Defendant Rusty Grissom at all times pertinent was a resident of Cleveland County, State of Oklahoma.

3. Jurisdiction and venue are proper in this c

More...   $10000 (11-30--0001 - OK)

United States v. Michael Goodale

Michael A. Goodale was convicted of five counts including aggravated sexual abuse, interstate transportation of a minor with intent to engage in criminal sexual activity, and accessing child pornography. He appeals his conviction and sentence.

Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

On Saturday, September 17, 2011, thirteen-year-old M.R. showed hi

More...   $0 (12-30-2013 - IA)

Flora Dolnikov v. Dikran Ekizian

We hold in this appeal that conduct can constitute actionable interference with the use and enjoyment of an easement even when the conduct does not physically obstruct the servitude. The easement in question is for ingress and egress to undeveloped lots in the Hollywood Hills. Plaintiff Flora Dolnikov, owner of the dominant tenement, was interrupted during her construction of two residences by def

More...   $0 (12-19-2013 - CA)

Ricky D. Ross v. William Leonard Roberts II

Plaintiff and appellant Ricky D. Ross is a former criminal who achieved some sort of celebrity status due, in part, to the enormous scale of his cocaine-dealing operations. Defendant and respondent William Leonard Roberts II is a famous rap musician who goes by the name “Rick Ross.” His lyrics frequently include fictional accounts of selling cocaine. Plaintiff sued Roberts and other de

More...   $0 (12-23-2013 - CA)

Mike Emmons and Loretta Emmons v. Bobby Babak Badanfirouz, Katherine Badanfirouz and Lawrence F. Hegar Jr.

Mike and Loretta Emmons appeal the trial court’s declaratory judgment in favor of appellees Bobby Babak Badanfirouz, Katherine Badanfirouz, and Lawrence F. Hegar Jr. in a dispute over an express easement. Appellants argue the trial court erred in finding the easement did not allow them to maintain a gate on the property at issue. Finding no error, we affirm the trial court’s judgment

More...   $0 (12-27-2013 - TX)

Anthony DANIELE, et al., Appellants/Cross-Respondents, v. MISSOURI DEPARTMENT OF CONSERVATION, Respondent/Cross-Appellant.

In this consolidated appeal, Anthony and Beth Daniele appeal the judgment of the trial court granting the Missouri Department of Conservation's motion for a directed verdict on the Danieles' claim for breach of contract. The Department cross-appeals the judgment of the trial court granting the Danieles' motion for a directed verdict on the Department's counterclaims for breach of contract and tre

More...   $0 (05-18-2009 - MO)

BRUSH CREEK AIRPORT, L.L.C., a Colorado limited liability company, and Richard A. Landy, Plaintiffs-Appellees and Cross-Appellants, v. AVION PARK, L.L.C., a Colorado limited liability company, and Carlo Cesa, Defendants-Appellants and Cross-Appellees.

In this action involving the parties' respective rights in an airport runway, terminal, and hangar, defendants, Avion Park, L.L.C. and Carlo Cesa (collectively, Avion Park), appeal from the trial court's judgment on various claims and counterclaims involving plaintiffs, Brush Creek Airport, L.L.C. and Richard A. Landy (collectively, Brush Creek). Brush Creek cross-appeals the trial court's award

More...   $0 (07-18-2002 - CO)

MBM Financial Corporation v. The Woodlands Operating Company, L.P.

Since Jarndyce v. Jarndyce,1 there have been charges that some cases benefit the lawyers more than the clients. But suits cannot be maintained solely for the attorney's fees; a client must gain something before attorney's fees can be awarded. While making losing parties bear their own attorney's fees may add injury to insult, the American Rule has long been that each party pays its own lawyers.

More...   $0 (08-28-2009 - TX)

Erin Brown v. Grace Smith

In this case, we must examine the nature of a nominal damages award, and whether there is a maximum limitation on the dollar amount that can be considered nominal damages. We do so in the context of a claim that appellants and cross-appellees Erin and Norma Brown trespassed on property owned by Grace and Viola Smith, appellees and cross-appellants, by traveling over a farm lane to access a public

More...   $0 (03-29-2007 - MD)

Keven Windel v. Mat-Se Title Insurance Agency, Inc.

The primary issue in this consolidated appeal is the validity and interpretation of a roadway easement granted to meet a borough's subdivision plat-waiver requirements. The borough later approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original 50-foot eas

More...   $0 (11-30--0001 - AK)

First Mustang State Bank v. Garland Bloodworth, Inc.

¶1 Don Brown (Seller) owned land on which First Mustang State Bank (First Mustang) held a mortgage and note for $35,000.00. On August 12, 1985, Brown entered into a contract for the sale of this particular property with the partners of Geronimo Properties (Buyer). The sale price was $135,000.00. It is this realty, which we will call "Property A," that is the subject of the present appeal.

More...   $0 (01-14-1992 - OK)

Brian Conley v. Warren Properties, Inc.

Brian Conley, Monica Dixon, Eric Moore and Daniel Ostergaard sued Warren Properties, Inc., Natch Construction & Services, LLC, Banda Cover-Up Roofing, Bennatche Mason aka Lance Mason, et al. on negligence theories claiming:

1. Plaintiffs are each residents of Oklahoma City, Oklahoma County, Oklahma.

2. Defendant Warren Properties, Inc., (‘Warren”) is a Delaware Corpor

More...   $1 (12-10-2013 - OK)

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

More...   $0 (12-04-2013 - OK)

David M. Evans v. Shoshone-Bannock Land Use Policy Commission

In this appeal, we consider whether the Shoshone- Bannock Tribes plausibly have the authority to regulate the land use of David Evans, a nonmember of the Tribes, who owns land in fee simple within the Fort Hall Reservation.1 Acknowledging the general rule that tribes may not regulate nonmember conduct on such “non-Indian fee land,” the district court nevertheless held that the Tribes h

More...   $0 (12-05-2013 - ID)

State of Ohio v. Andrey Bridges

The State of Ohio charged Andrey Bridges with first-degree murder in conjunction with the stabbing death of Cemia "Ce-Ce" Dove, age 20, a transgender woman. Dove's body was found in a pond near Defendant's apartment some months after being driven to the apartment a cab.

Defendant was charged with aggravated murder, murder, felonious assault, kidnapping, tampering with evidence and offenses

More...   $0 (11-09-2013 - OH)

Christian Serino v. Alec Hensley and City of Oakland City, Indiana

In September 2008, Oakland City Chief of Police Alec Hensley arrested Christian Serino for trespass and resisting law enforcement. The charges were eventually dropped. In March 2012, Serino filed suit against Hensley and Oakland City in federal district court. He alleged that Hensley violated his constitutional rights and committed multiple state‐law torts. The district court dis2

No.

More...   $0 (11-05-2013 - IN)

Herbert Williams v. City of Chicago

In the wee hours of November 18, 2009, plaintiff Herbert Williams was returning home from work. He smelled smoke, saw that his neighbor’s house was on fire, and went to the porch of the burning home to bang on the door to rouse anyone who might be inside. Chicago police officers Matthew O’Brien and Joseph Byrne also spotted the smoke and found Williams on the porch. They soon arreste

More...   $0 (10-24-2013 - IL)

Vicki Carter v. Jean Griffin

Vicki Carter sued Jean Griffin, successor trustee of the Wilmer Radzinski 2010 Trust, Robert Iliff, Misty Rowland, and Sixth Church of Christ Scientist seeking declaratory judgment and a temporary restraining order, claiming conversion, intrusion, trespass, civil conspiracy and intentional infliction of emotional distress claiming:

1. Jurisdiction is proper in the District Court of Tulsa

More...   $0 (10-25-2013 - OK)

Yoby Fiebig v. Thomas Fiebig

Thomas Fiebig and Yoby Fiebig are siblings and next-door neighbors. Thomas sued Yoby and Yoby‘s surveyor, claiming that Yoby erected a fence on Thomas‘s property. The trial court granted Thomas‘s traditional and no-evidence motion for summary judgment. We affirm the trial court‘s judgment against the surveyor, but we reverse the trial court‘s judgment against Yoby and

More...   $0 (10-22-2013 - TX)

MALCOLM G. DYER v. HIDALGO COUNTY, TEXAS

Appellant Malcolm G. Dyer (“Dyer”) appeals two trial court orders granting appellee Hidalgo County’s pleas to the jurisdiction. The trial court’s first order granted the County’s second plea to the jurisdiction which challenged Dyer’s breach-of-contract claim.1 The

1 In appellate cause 13-12-00622-CV, Dyer appeals the trial court’s August 31, 2

More...   $0 (10-04-2013 - TX)

CAMERON COUNTY, TEXAS CARLOS H. CASCOS, SOPHIA BENAVIDES, JOHN WOOD, DAVID A. GARZA AND EDNA TAMAYO v. FRANK A. TOMPKINS, INDIVIDUALLY AND AS TRUSTEE, AND CAROLYN TOMPKINS YOUNG

Ownership of land that comprises a portion of Andy Bowie Park on South Padre Island is at issue in this lawsuit. Appellant Cameron County leased the land to a third party so that a hotel could be built on it. Appellees Frank A. Tompkins, individually and as Trustee, Carolyn Tompkins Young, Perry Tompkins, and Lawrence Young1 (collectively “the Tompkinses”) sued Cameron County, Cameron

More...   $0 (10-24-2013 - )

Bob E. Woody, The Ranch LLC, and Hector H. Cardenas, Jr. v. J. Black's, LP and J. Black's, GP, LLC

This appeal arises from a commercial landlord-tenant dispute over the sublease of premises located in Austin. Judgment in the trial court was for appellee J. Black’s, LP and J. Black’s, GP, LLC (J. Black’s). Appellant Bob E. Woody and the Ranch, LLC (Woody) present five issues on appeal. Woody’s attorney, Hector H. Cardenas, Jr., joins Woody’s fifth issue challen

More...   $0 (10-18-2013 - TX)

Cody Trosclair v. Anthony and Karen McMillan

In this premises liability case, appellant, Cody Trosclair, appeals the trial court’s grant of no-evidence summary judgment in favor of appellees, Anthony and Karen McMillan. In four issues, Trosclair argues that (1) the McMillans produced no competent summary judgment evidence to establish that he was a

2

trespasser at the time of his injury; (2) the McMillans’ use of

More...   $0 (10-17-2013 - TX)

Thomas J. Minihan v. Thomas Stiglich

2 Defendant Stiglich and plaintiff Minihan are neighbors in a residential area
3 located next to the Willamette River. Plaintiff, along with several dozen other
4 homeowners not including defendant, owns an undivided interest in a narrow lot that
5 provides access to the river. The southern border of plaintiff's access lot runs along the
6 northern border of defendant's property. A

More...   $0 (10-09-2013 - OR)

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

More...   $0 (08-20-2013 - CA)

Next Page