In 1948 Claude Yeisley received a patent to Tract A, consisting of 4.45 acres of land in Ketchikan, from the United States. In 1956 he deeded a lot of land within Tract A to his daughter and her husband, the Cowans, along with a “perpetual right of way running with the land� over a 30-foot strip of “right of way� running along the southeastern side of Tract A. Between 1960 and 1973, Claude

Plaintiffs, Janet Fitts and her brother, Robert Harris, appeal from a judgment declaring that defendant is the owner, based on adverse possession, of a 2.5-acre strip of land located in Linn County. On appeal, plaintiffs' assignments of error primarily challenge the sufficiency of defendant's evidence that his use of the disputed property was "hostile." On de novo review, ORS 19.415(3) (2007),(1)

In 2004, the City of Portland resolved to update its Greenway Plan for the land along the Willamette River. As part of that process, the city divided the river into three sections: the North Reach, the Central Reach, and the South Reach. The North Reach, a 12-mile stretch between the Broadway Bridge and the confluence with the Columbia River, was the first phase of the update, and in April 2010, t

¶1 The Oak Lane Homeowners Association (the Association) seeks review of the court of appeals’ decision in Oak Lane Homeowners Association v. Griffin (Oak Lane II), 2009 UT App 248, 219 P.3d 64, arguing that the court of appeals erred when it affirmed the district court’s grant of summary judgment to Dennis and Renae Griffin regarding the existence of a private easement over a private lane. T

This appeal relates to 4.5 miles of a railroad right-of-way in Miami County, Kansas, that has been railbanked and is now operated as a recreational trail. Generally, the issues in this appeal focus on the relationship between and the application of the Kansas Recreational Trails Act (KRTA), K.S.A. 58-3211 et seq., and the National Trails System Act, commonly referred to as the federal "Rails to Tr

Malibu Lodging Investments, LLC, (“Malibu�) is the owner of the City Inn, a multi-story hotel (the “Hotel�) abutting Interstate 95 and located within Miami- Dade County (the “County�). For some time, Malibu has been selling space on the north, south, and east sides of the Hotel for outdoor advertising signage1 (“advertising signage�). The County determined that this advertising sig

The County of Dauphin (County) and taxpayers of the City of Harrisburg (City), Joseph and Jacalyn Lahr, (collectively, County), appeal from an order of the Court of Common Pleas of Dauphin County that sustained preliminary objections of the City, the City's Mayor, Treasurer and Controller, and the City Council members (collectively, the City or City defendants) to the County's first amended compla

The plaintiff, Virginia Sharkey (plaintiff or Sharkey), appeals from a Superior Court judgment granting the motion of the defendant, George M. Prescott (defendant or Prescott), for summary judgment and dismissing the plaintiff’s action alleging legal malpractice. The plaintiff argues that a grant of summary judgment in favor of the defendant was inappropriate because genuine issues of material f

Duane Horton (plaintiff or Horton) appeals from a Superior Court grant of summary judgment in favor of the defendants, the Portsmouth Police Department (department) and various Town of Portsmouth officials (collectively, defendants), dismissing the plaintiff’s thirteen-count amended complaint alleging malicious prosecution, false arrest, false imprisonment, tortious denial of access to public re

The plaintiffs, Raymond and Marcia Cornell (collectively, the Cornells), reside in their home at the edge of Harris Pond in Blackstone. The defendant Roland M. Michaud (Roland) [FN3] purportedly obtained a building permit for and began construction of a large single family home on his adjacent land. A Superior Court judge, on the Cornells' complaint pursuant to G.L. c. 40A, § 17 (zoning appeal),

¶ 1. In this dispute between neighboring landowners, defendants appeal from a superior court order rejecting their claim that plaintiffs violated a deed restriction limiting the number of houses to be constructed on the property. Among other claims, defendants contend the trial court erred in concluding that they lacked standing to enforce the restriction. We affirm.

¶ 2. The

[¶1] Patrick R. Gorham appeals from a judgment of the Superior Court (Androscoggin County, Delahanty, J.) dismissing his due process and wrongful termination claims as untimely pursuant to M.R. Civ. P. 80B(b). Gorham brought this action in response to his dismissal for cause from his employment as a county corrections officer pursuant to 30-A M.R.S. § 501(3)(A) (2010). Because we conclude that (

In this action to enforce the terms of a settlement agreement entered into following a landlord-tenant dispute, defendant tenant Robin Goldman appeals the trial court‟s order granting plaintiff landlord Margaret Sue Kaufman‟s motion for summary adjudication, and its judgment awarding possession of the apartment to plaintiff. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Th

The First Amendment of theConstitution states that Congress shall make no law abridging the “right of the people peaceably to assemble, and to petition the Government for a redress of grievances.� Under the Noerr-Pennington doctrine, federal antitrust laws have been interpreted to protect these First Amendment rights by immunizing petitioning activity from liability. In this appeal from the di

The City of Reno brought suit against Todd Stephens and various business entities owned or controlled by him,[1] alleging that Stephens’ dirt mining business on Sugarhill Road violated City of Reno, Texas, Ordinance 1852, which zoned the Sugarhill property by restricting it for agricultural and residential use only. Stephens argued that the dirt mining operation was permitted to continue under

The issue presented in this appeal is whether a conditional use permit (CUP) remains enforceable after a municipality amends its zoning code to remove from the zoning district at issue the conditional use that is the basis for the CUP. We hold that a revision to a municipality’s zoning code that causes a property to become a legal nonconforming use results in the CUP losing its enforceability

In this appeal, we review the circuit court’s dismissal, upon demurrer and pleas in bar, of a property owner’s claims for compensation and damages following the demolition of a residential building by the City of Norfolk.

FACTS

The circuit court dismissed the case below on demurrer and pleas in bar without taking evidence. “Where no evidence is taken in support of a plea in bar

David and Marilyn Slade own property in the Town of Alton, New Hampshire ("Alton" or "the Town"). Industrial Communications and Electronics, Inc. ("Industrial Communications"), aims to construct a cell phone tower in Alton for two wireless companies. Claiming that only one site was suitable, Industrial Communications filed an application in September 2005 to construct the tower at 486 East Side Dr

In April 2008, the City of Solana Beach (City) determined a mixed-use development proposal was inconsistent with certain local zoning and specific plan requirements, and directed the project's proponents to redesign the project. About 16 months later, on September 2, 2009, plaintiffs Rosa Haro and Carlos Ibarra filed a petition for writ of mandate and a complaint, alleging the City's actions viola

Appellants Garrett Operators, Inc. and George Thomas Cox appeal the trial court’s grant of appellee City of Houston’s plea to the jurisdiction on all of appellants’ claims and of the City of Houston’s objections to appellants’ discovery requests and deposition notice. In five issues, appellants argue the trial court erred by (1) dismissing Garrett Operators’ inverse condemnation claim

¶1 The petitioner, James Mark Dobbs, was admitted to the Oklahoma Bar Association on September 19, 1990. The petitioner was suspended from the practice of law for two years and one day by this Court on June 15, 2004, in State ex rel. Oklahoma Bar Association v. Dobbs, 2004 OK 46, 94 P.3d 31. Petitioner filed a petition for reinstatement to the Oklahoma Bar Association on August 27, 2010 alleging

In December 2009, Micah Fialka-Feldman, a continuing-education student with mild cognitive disabilities, obtained a permanent injunction ordering Oakland University to provide him with on-campus housing. The University appealed. In the meantime, Fialka-Feldman spent the 2010 spring semester living in the dormitory, completed the program and left the University with no plans of returning, all of wh

The City of Concord, after considerable debate, adopted an ordinance amending its rules for storage of recreational vehicles on residential property. Attorney in propria persona James H. Disney (Disney) sued the City of Concord and the members of its city council (collectively, Concord) to have the ordinance declared unconstitutional, and to enjoin its enforcement. The trial court granted Concordâ

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental

Appellant, Rodney Gordon, appeals from the summary judgment granted by the trial court in favor of appellee, West Houston Trees, Ltd. In one point of error, Gordon argues that the trial court erred in granting summary judgment.

We affirm.