The City of Miami (“City”) and Balbino Investments, LLC (“Balbino”) filed motions for Rehearing and Rehearing En Banc. The City subsequently withdrew its motions. Balbino’s Motion for Rehearing is denied. We, however, withdraw this Court’s opinion issued on August 8, 2007, and issue the following opinion in its stead to address the dissenting opinion to the denial of the Motion for Reh

Vickie Spencer appeals the district court’s holding that Overlook Mutual Homes, Inc. (“Overlook”), a non-profit mutual housing corporation, did not constructively deny her request for a reasonable accommodation for her daughter’s disability under the Fair Housing Act (“FHA”) and Ohio’s fair housing law. As no reasonable jury could find that Overlook denied the request, we affirm the

At issue today is the constitutionality of an ordinance that the Manatee County, Florida Board of County Commissioners (“the Board”) adopted to regulate sexually oriented businesses in Manatee County (“the County”). Peek-a-Boo Lounge of Bradenton, Inc. (“Peek-a-Boo”), an adult dancing establishment in Manatee County, along with two similar establishments, sued 1 the County claiming tha

Plaintiff Alec Zubarau, an amateur or “ham” radio operator, brought an action against the City of Palmdale1 challenging the City‟s order to have him remove a tower antenna from his residential backyard and a roof-mounted antenna from his residential roof. He contends that the City‟s ordinance regulating the height of antennae in a residential area is preempted by state and federal law and

In February 2003, the law firm of Wilson & Wilson (Wilson) brought an action against the City Council of Redwood City (City Council), the City of Redwood City (Redwood City), and the Redwood City Redevelopment Agency (Redevelopment Agency) (hereafter collectively the City) to challenge the approval and construction of a retail-cinema redevelopment project in Redwood City‟s downtown. Wilson asked

This case arises from a dispute between John Bettendorf and St. Croix County over the zoning of Bettendorf’s property. Pursuant to an ordinance enacted by the County in 1985, a portion of Bettendorf’s land was re-zoned from agricultural-residential to commercial. The ordinance contained a condition that the parcel would revert to agricultural-residential upon the death of Bettendorf or by Bett

Putative class representatives William and Doris O’Neal (the O’Neals) appeal from the district court’s1 order dismissing their breach of contract and unjust enrichment claims. They alleged that State Farm Fire and Casualty Company (State Farm) failed to comply with code requirements that govern how wood shake and shingle roofs damaged by hail or wind are to be repaired. The district court co

The plaintiffs in these consolidated cases appeal trial court judgments holding that their claims against the defendants, the Bossier Parish Police Jury, the Office of Bossier Parish Engineer, and Joseph “Butch” Ford, Jr., in his capacity as Bossier Parish Engineer, have prescribed. For the following reasons, we reverse the trial court judgments and remand to the trial court for further procee

BMTP Holdings, L.P. appeals the granting of the City of Lorena’s traditional motions for summary judgment, the denial of BMTP’s traditional motion for summary judgment, and the award of attorney’s fees to the City of Lorena. BMTP sued the City of Lorena seeking a declaratory judgment that a moratorium and its progeny imposed by the City relating to permits for sewer connections did not ap

¶1 Plaintiff/Appellee, the Oklahoma Department of Transportation (ODOT), filed a petition June 17, 2005, to acquire a portion of Defendant/Appellant Hazel Lorraine Evans' (Evans or Landowner) property, through eminent domain for the purpose of improvement and expansion of Highway 20 in Rogers County. Evans filed an exception to the Commissioners' Report on the grounds that it was in derogation of

¶1 Sand Springs Materials LLC (SSM), appeals from the judgment of the district court upholding the decision of the City of Sand Springs to deny SSM a specific use permit to operate a rock quarry. Because we find that the judgment appealed is not against the clear weight of the evidence, we affirm.

BACKGROUND

¶2 SSM owns approximately 1,000 acres of property within the City of Sand

Mary Jo Takacs (Takacs) appeals from the December 4, 2009, order of the Court of Common Pleas of Somerset County (trial court), which granted the preliminary objections filed by Indian Lake Borough (Borough) and dismissed her appeal challenging the September 9, 2009, decision of Indian Lake Borough Council (Council) to grant a boat dock easement to St. Clair Resort Development, LLC (St. Clair). We

The plaintiffs, Buddington Park Condominium Association (association), Lynn Farrell and Maurice Cayer, appeal from the judgment of the trial court dismissing their zoning appeal from a decision of the defendant planning and zoning commission of the city of Shelton (commission).1 On appeal, the plaintiffs claim that the trial court improperly determined that (1) they were not denied due process whe

On February 8, 2005, Plaintiffs-Appellants Irwin J. Barkan and D&D Barkan LLC (collectively "Barkan") filed suit against Defendants-Appellees Dunkin' Donuts, Inc. and Baskin-Robbins USA, Co. (collectively "Dunkin' Donuts") in the United States District Court for the District of Rhode Island. Barkan alleged, among other claims, Footnote that Dunkin' Donuts breached a contract in which it had promis

This case arises out of a heavy rain storm in Kansas that caused more than a dozen homes to be flooded with sewage water. Curt and Angie Brockmann and certain other home owners (“Plaintiffs”) initially sued L.P.’s Excavating Inc. (“L.P.’s”) and Shawnee County in Kansas state court seeking monetary damages resulting from the sewage flood of their homes. Shawnee County demanded that L.P.

Plaintiffs Michael Shames and Gary Gramkow (“Plaintiffs”) appeal the dismissal of their claims against the California Travel and Tourism Commission (“CTTC”) alleging the CTTC engaged in antitrust price-fixing in violation of the Sherman Act § 1, 15 U.S.C. § 1, and improper meeting practices in violation of California’s Bagley-Keene Open Meeting Act, Cal. Gov’t Code §§ 11120-11132.

Before us is the third appeal arising out of a separation agreement of the parties, the plaintiff, Linda Mae Behrns, and the defendant, Ronald Wayne Behrns, which, at their request, had been incorporated into their decree of dissolution. This most recent appeal arises from the judgment of the trial court, finding that the defendant was in wilful contempt of the original court order requiring him t

In this marital dissolution action, the defendant, Diana M. Jordan, claims that she is entitled to a new trial because the trial court impermissibly rendered its judgment more than 120 days after trial by issuing two corrected memoranda of decision.1 See General Statutes § 51-183b.2 The defendant’s claim, however, is governed by General Statutes § 52-212a,3 which permits a trial court to open

In these consolidated appeals, Debtor Larry James Grimlie1 appeals from three Orders in which the Bankruptcy Court2 (i) vacated and denied his discharge pursuant to 11 U.S.C. §§ 727(a)(2) and (a)(4)(A); (ii) sustained an objection to his homestead and farming equipment exemptions; and (iii) avoided fraudulent transfers to his wife and children under 11 U.S.C. § 548 and ordered the sale of his h

David D. Smith appeals from the district court’s decision to deny his request for costs and attorney fees he incurred while compelling Washington County to issue him a residential building permit.

II. FACTUAL AND PROCEDURAL BACKGROUND

In the fall of 2006, David D. Smith, the appellant, bought an eighty-acre parcel near Midvale, Idaho. Sometime in early 2007, Smith sought a permit f

This case arises from two condemnation actions brought by Plaintiff-Appellee County of Hawai‘i (Appellee or the County). In both actions Appellee sought to condemn property belonging to Defendant-Appellant C&J Coupe Family Limited Partnership (Appellant) (1) for use as a public highway (Bypass). (2) 1250 Oceanside Partners (Oceanside), a development company that was to build the Bypass through a

This appeal arises from the denial of a permanent injunction to stop the building of townhouses as well as a grant of summary judgment in favor of the appellees, Orchard Development Company, LLC (hereinafter referred to as “Orchard”) and Peteler, LLC (hereinafter referred to as “Peteler”), and against the appellant Jason Foster, regarding the applicability and meaning of certain restricti

This case is before the Court upon the appeal of the City of Hurricane and the City of Hurricane Sanitary Stormwater Board (collectively referred to as “the Appellants”) from the July 30, 2009, Order of the Circuit Court of Putnam County, West Virginia, granting summary judgment to the Appellees, B. A. McClure and Cheryl McClure, in a declaratory judgment action. (See footnote 1) The Appellan

Appellant Gene Ludwig appeals from the judgment of the Pulaski County Circuit Court permanently enjoining him from creating a private airstrip on his residential property in a rural area of Pulaski County. We granted certification of this case from the court of appeals because it involves an issue of first impression and an issue of law needing clarification or development. Therefore, our jurisdic

[¶1] Alan L. Golick and Lisa K. Thompson (collectively Golick) appeal from the judgment of the Superior Court (York County, Fritzsche, J.), vacating the South Berwick Code Enforcement Officer’s decision issuing them a building permit for a horse barn and indoor riding arena. They contend that the court erred in holding that the riding arena plan fell outside the definition of a use for “anima