In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More...   $0 (10-26-2009 - OK)

¶1 Plaintiffs/Appellants International Union of Police Associations, Local No. 24, and Tommy Harrell (collectively, Union) seek review of the trial court's order granting the motion to dismiss of Defendant/Appellee City of Lawton (City) in Union's action for a declaratory judgment to determine its right, under the Oklahoma Open Records Act (ORA), 51 O.S. §§24A.1, et seq., to inspect the prelimi... More...   $0 (10-16-2009 - OK)

The court has adopted a construction of the Fair Labor Standard Act’s anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statute’s “filed any complaintâ€� language to cover intra-company complaints about unfair labor practices, but on the other it concludes that oral complaints fall outside the reach of the statute. Kasten v. Saint-Gobain... More...   $0 (10-16-2009 - WI)

Plaintiffs appeal as of right the order establishing both the eastern boundary of a lakefront parcel of plaintiffs’ property and the boundary between the parties’ residential properties. We affirm.

Plaintiffs first argue that the trial court improperly determined the eastern boundary of their lakefront parcel, which abuts defendants’ property to the west. We review for clear error a t... More...   $0 (10-16-2009 - MI)

This is an appeal from summary judgment in an interpleader action in which the district court determined that respondent partnership was entitled to the proceeds from the settlement of a lawsuit against the federal government, and dismissed appellants’ damages claims against respondent law firms, who were litigation counsel in the federal lawsuit and commenced this interpleader action to resolve... More...   $0 (09-29-2009 - MN)

In May 2007, plaintiff, Rochester Buckhart Action Group, filed a motion for preliminary injunction against defendant, Robert Young, to enjoin him from constructing or operating a hog farm on his property pending the outcome of litigation. In May 2007, the trial court granted the preliminary injunction. In August 2007, the court denied defendant's motion to vacate. On appeal, this court reversed an... More...   $0 (09-08-2009 - IL)

Anthony Lewis, a pro se litigant, sued Sprint Nextel1 (“Sprintâ€�) in federal court for breach of contract. The district court dismissed his suit for lack of subject matter jurisdiction. Months before the district court dismissed the complaint, though, Mr. Lewis had filed a motion for default judgment against Sprint as Sprint had failed to timely answer the original complaint. The magistrate jud... More...   $0 (08-20-2009 - KS)

Gary Bailey constructed a road on a parcel of wetlands in Lake of the Woods County (County), Minnesota, without obtaining a permit under Section 404 of the Clean Water Act (Act). The United States Army Corps of Engineers (Corps) ordered Bailey to restore the land to its previolation condition. Bailey refused, and the United States brought an action under Section 309(b) of the Act to enforce the re... More...   $0 (07-09-2009 - MN)

The Monsanto Company (“Monsantoâ€�) is a large-scale manufacturer of chemical products, including herbicides and pesticides. In the 1990s it began developing a variety of alfalfa that would be resistant to one of its leading herbicides. The United States Department of Agriculture, through the Animal and Plant Health Inspection Service (“APHISâ€�), approved the genetically modified alfalfa in 2... More...   $0 (06-28-2009 - ca)

Carol Paselk, proceeding pro se, (1) appeals the final judgment awarding $100,000.00 in attorney's fees to David and Pat Rabun. Paselk and Reynolds filed suit August 23, 2005, against the Rabuns for negligence, nuisance, trespass, gross negligence, and negligence per se. Paselk and Reynolds alleged the dairy farm owned and operated by the Rabuns discharged approximately "90,000 gallons of thick, ... More...   $0 (06-16-2009 - TX)

[¶1.] Norvil Dykstra, Twila Dykstra, Marvin Dykstra, and Julie Dykstra (Dykstras) sued Page Holding Company1 and Farmers and Merchants State Bank (Defendants) for breach of a fiduciary obligation and intentional interference with a business relationship or expectancy. Defendants filed a motion for summary judgment, which was granted by the trial court. Dykstras appealed. We affirm.

FACTS... More...   $0 (05-20-2009 - SD)

[¶1.] Plaintiff livestock producers brought suit against Codington County asserting that the county breached its duty to properly follow disaster declaration procedures set forth by the South Dakota Division of Emergency Management. Codington County moved for summary judgment on the ground that its decisions were discretionary. The circuit court agreed and granted the county summary judgment. We ... More...   $0 (04-22-2009 - SD)

This appeal arises from a petition for judicial review concerning a county board’s denial of a subdivision application. Appellants Ed Terrazas and Jackie Weseloh (Applicants) appeal the district court’s order affirming Respondent Blaine County Board of County Commissioners’ (Board) decision denying Applicants’ subdivision application. We affirm the decision of the district court.

I.... More...   $0 (04-15-2009 - ID)

[¶1.] Goos RV Center, Lee Goos, Sr., Terry Goos and Lee Goos, Jr., (collectively Goos) appeal the circuit court’s decision affirming the Minnehaha County Commission’s decision to grant a conditional use permit to Benson Farms, Inc., for gravel extraction. We affirm.

FACTS

[¶2.] Benson Farms owns property located north of I-90 near Highway 38 in Minnehaha County. That proper... More...   $0 (04-08-2009 - sd)

Alfred Flowers appeals the district court’s1 adverse grant of summary judgment in favor of Kevin Stoll and the City of Minneapolis on his several civil rights claims against both defendants, as well as his state-law defamation claim against Stoll. We affirm.

I.

We restate the relevant facts as described in a previous qualified-immunity appeal, Flowers v. City of Minneapolis, 478 F.... More...   $0 (03-18-2009 - MN)

The Sierra Club, along with two other conservation groups (for simplicity we refer only to the Sierra Club), challenges the Forest Service's approval of two forest resource management projects in the White Mountain National Forest ("Forest" or "WMNF"): the Than Forest Resource Management Project ("Than Project") and the Batchelder Brook Vegetation Management Project ("Batchelder Project"). The di... More...   $0 (03-06-2009 - NH)

Jami Neco Schmidt filed this claim for damages under 42 U.S.C. § 1983 and Missouri’s strip search law, Mo. Rev. Stat. § 544.193. She brought claims against the City of Bella Villa, Missouri, and Chief of Police Edward Locke, Jr. in connection with the alleged post-arrest photographing of her tattoo. She appeals from the district court’s1 entry of summary judgment on each of her claims and fr... More...   $0 (03-02-2009 - MO)

Plaintiffs and appellants Larry C. Lay, et al., fifty-five members of appellee Burley Stabilization Corporation (“BSCâ€�) (“membersâ€�), are tobacco producers who sold burley tobacco through the federal price support program in one or more of the 1982 through 2004 crop years. They appeal the district court’s1 dismissal of their case without prejudice, seeking funds allegedly wrongfully being... More...   $0 (02-12-2009 - TN)

In 2007, the United States Department of Housing and Urban Development (“HUDâ€�) terminated its contractual relationship with Normandy Apartments. Pursuant to this contract, Normandy had received financial subsidies for making housing available to low-income tenants who were qualified to receive assistance under the Section 8 federal housing program. Normandy sought injunctive and declaratory re... More...   $0 (02-11-2009 - OK)

[¶1] Steven and Joyce Krenning brought suit against the Heart Mountain Irrigation District and its employee, James Flowers, seeking recovery for personal injuries Mr. Krenning suffered in an altercation with Mr. Flowers. The district court ruled that the Irrigation District and Mr. Flowers were immune from liability pursuant to the Wyoming Governmental Claims Act (WGCA), and granted summary judg... More...   $0 (01-29-2009 - WY)

Jean King appeals from the district court’s judgment in favor of the appellees on her age discrimination claims under the Iowa Civil Rights Act (“ICRA�), Iowa Code §§ 216.1 et seq., and the Age Discrimination in Employment Act of 1967 (“ADEA�), 29 U.S.C. §§ 621 et seq.2 For the reasons discussed below, we remand for further proceedings.

I. BACKGROUND

In January 2005, th... More...   $0 (01-29-2009 - IA)

¶1 The issue in this appeal is whether the application of pesticides from an airplane – “crop dusting� – is still an inherently dangerous activity in light of technological advances after this issue was first addressed by our supreme court in 1933. We hold, under the facts of this case, that crop dusting is still an inherently dangerous activity.

FACTS AND PROCEDURAL HISTORY
More...   $0 (01-29-2009 - AZ)

After a bench trial, the district court terminated Kansas Production Company's (KPC) oil and gas lease on David and Karen Lewis' land for KPC's breach of the implied covenant to explore and develop the lease. The court found that KPC received no demand for development before this lawsuit was filed. It also found that KPC's failure to explore or develop the land for 6 years negated the prior demand... More...   $0 (01-20-2009 - KS)

Michael Shaw, his wife, Joanne Shaw, and their business, JN and MC Shaw Management Corp., doing business as JM Management Company1 appeal from the trial court’s adverse judgment after a bifurcated bench trial on liability issues relating to their claims against the County of Santa Cruz and two of its employees for inverse condemnation, negligence, trespass, and nuisance.2 The judgment also dismi... More...   $0 (01-16-2009 - CA)

Petitioners seek review of an opinion and order of the Land Use Board of Appeals (LUBA). LUBA remanded three City of Cottage Grove ordinances that rezoned petitioners' property and an adjacent parcel and separately applied a zoning overlay district to both properties. On review, petitioners contend that LUBA erred in failing to dismiss the appeals of two of the ordinances because a separate noti... More...   $0 (01-14-2009 - OR)