Mandamus Law
 
Joe Hardesty v. State Mining and Geology Board

In this suit under the Surface Mining and Reclamation Act of 1975 (SMARA)
(Pub. Resources Code § 2710 et. seq.),1 plaintiffs Joe and Yvette Hardesty (collectively,
Hardesty), attack findings by the State Mining and Geology Board (Board). The Board’s
disputed findings conclude there are no vested rights to surface mine at the Big Cut Mine
in El Dorado County (County, not a party her... More...
   $0 (05-17-2017 - )

The Tavern, L.L.C. and Sall, L.L.C. v. The Town of Alpine, Wyoming

[¶1] Appellants The Tavern, LLC and SALL, LLC sued the town of Alpine, asserting
several claims stemming from Alpine’s financing and construction of a new sewage
treatment facility. Appellants challenged the legality of the indebtedness Alpine incurred
for the project, alleging that the loans exceeded the constitutional and statutory debt
limitations imposed upon municipalities. Th... More...
   $0 (05-16-2017 - WY)

Ford Motor Company v. The Superior Court of Los Angeles County, Jose Luis Aguilar, Real Party in Interest

SUMMARY
Code of Civil Procedure section 404.1 governs the
conditions for coordination of civil actions.1 In February 2016, a
coordination motion judge found that a coordination proceeding
was appropriate for approximately 470 cases filed in nine
California counties. Six months later, the judge assigned as the
coordination trial judge for those cases, applying the same
s... More...
   $0 (05-08-2017 - )

James Raymond Clary, as Personal Representative v. City of Crescent City

John Diehl, while a resident of Washington State, owned eight vacant lots in
Crescent City, California (City).
1
Diehl appeals from the superior court‘s denial of his
petition for a writ of administrative mandate, brought under Code of Civil Procedure
section 1094.5. Diehl‘s writ petition challenged the City‘s determinations that the
overgrown weeds and rubbish on his lots... More...
   $0 (05-02-2017 - )

Cecilia Ochoa v. Anaheim City School District

INTRODUCTION
The federal No Child Left Behind Act of 2001 mandated that states
establish accountability systems, requiring that all schools make “adequate yearly
progress” (AYP). (Pub.L. No. 107-110 (Jan. 8, 2002) 115 Stat. 1425.) California later
enacted the Parent Empowerment Act of 2010 (Ed. Code, §§ 53300-53303) (the Act)
which allows parents of children in poor-performing ... More...
   $0 (04-30-2017 - )

STATE OF OHIO vs. JEFFREY DARDINGER Physician avoids jail time on child porn conviction

Defendant-appellant Jeffrey Dardinger presents on appeal a single
assignment of error challenging the Hamilton County Common Pleas Court’s
judgment overruling his “Motion to Vacate Postrelease Control.” Dardinger was
sentenced in conformity with the statutes concerning postrelease control. And his
motion was subject to dismissal for lack of jurisdiction. We, therefore, affir... More...
   $0 (04-29-2017 - OH)

Save Our Heritage Organisation v. City of San Diego

No appearance for Defendants and Respondents City of San Diego et al.
Plaza de Panama Committee (the Committee) appeals from an order denying its
motion for attorney fees under Code of Civil Procedure section 1021.5.1 The Committee
filed the motion after it successfully appealed a judgment granting a petition for writ of
mandamus filed by Save Our Heritage Organisation (SOHO), in w... More...
   $0 (04-28-2017 - )

In re Earl King Court of Appeals Sixth Appellate District of Texas at Texarkana

Earl King has filed a petition for writ of mandamus notifying this Court that he filed a
motion for DNA testing on December 26, 2016, and that he “sent a letter to the court for a status
on his D.N.A. motion” on March 10, 2017. In his petition for writ of mandamus, King asks this
Court to order the judge of the 202nd Judicial District Court of Bowie County to respond to his
mo... More...
   $0 (04-27-2017 - TX)

The Aptos Council v. County of Santa Cruz

BY THE COURT:
It is ordered that the opinion filed herein on March 30, 2017, be modified as follows:

On page 18, in the first full paragraph, delete the second and third sentences
entirely and the first word of the fourth sentence, so that the fourth sentence now begins:
“As argued by the County below, . . .” The first full paragraph now reads: “In its
reply brief, Aptos C... More...
   $0 (04-26-2017 - )

True Blue Animal Rescue, Inc. v. Waller County Waller County Texas Courthouse - Hempstead, Texas

In this interlocutory appeal, appellant True Blue Animal Rescue, Inc. challenges the trial court’s denial of its application for a temporary injunction against appellee Waller County. Because True Blue did not meet its burdens to plead a cause of action against Waller County and to produce some evidence
2
establishing a probable right to relief, we affirm the denial of a temporary
inju... More...
   $0 (04-23-2017 - )

Citizens For Beach Rights v. City of San Diego

In 2006, the City of San Diego (City) obtained a Site Development Permit (SDP)
to construct a new lifeguard station on Mission Beach. The SDP stated that failure to
2
utilize the permit within 36 months of its issuance would automatically void the permit.
Over the ensuing years, the City worked to secure a permit from the California Coastal
Commission (Commission) and to obtai... More...
   $0 (04-21-2017 - )

Artis Charles Harrell v. S.P. Dairy Ashford d.b.a Salon Park & Brinson Management Corporation

This case involves a dispute over the termination of plaintiff-appellant Artis
Harrell’s lease of a hair-salon workstation. The trial court granted summary
judgment on Harrell’s claims, concluding they were limitations barred. We affirm.
2

PREVIOUS LAWSUIT
In 2006, Harrell sued the two defendant-appellees in this suit, i.e., S.P. Dairy
Ashford d/b/a Salon Pa... More...
   $0 (03-29-2017 - )

STATE OF KANSAS v. JACK R. LAPOINTE

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The question before us rests on the procedural history of the case, not the underlying facts of th... More...
   $0 (03-10-2017 - KS)

Bill Barrier v. Douglas Beaman, M.D., P.C.

This is an original mandamus proceeding, arising
from a medical negligence action in which plaintiff, who is
the relator in this case, seeks damages for physical injuries.
The issue is whether plaintiff, who—without objection by
his counsel—answered questions in a discovery deposition
about the treatment of his physical condition by health care
providers, thereby waived his... More...
   $0 (03-09-2017 - OR)

Lillian Figueroa v. BNSF Railroad Company

Oregon requires that foreign corporations doing
business in this state appoint a registered agent to receive
service of process. ORS 60.731(1).1 The primary question
that this case presents is whether, by appointing a registered
agent in Oregon, defendant (a foreign corporation)
impliedly consented to general jurisdiction here—that is,
whether defendant consented to have Or... More...
   $0 (03-02-2017 - OR)

Christopher S. Barrett v. Union Pacific Railroad Company

The primary question in this case is whether the
Due Process Clause of the Fourteenth Amendment permits
Oregon to exercise general jurisdiction over an interstate
railroad for claims unrelated to the railroad’s activities in
this state. The trial court ruled that it could exercise general
jurisdiction over the railroad and denied the railroad’s
motion to dismiss plaintiff’s... More...
   $0 (03-02-2017 - OR)

Kenneth A. Thomas v. Wasco County

Petitioner Kenneth Thomas appeals from judgments
of the circuit court dismissing his petition for a writ
of review and his second amended complaint seeking a
declaratory judgment.1 The proceedings arise out of petitioner’s
objections to an order of the Wasco County Board
of Commissioners granting a permit for an “outdoor mass
gathering” to petitioner’s neighbor. ORS 433.750... More...
   $0 (03-01-2017 - OR)

The City of Houston v. Randall Kallinen

In this appeal, we determine whether the City of Houston must pay
attorney’s fees to compensate a citizen who pursued and won access to
information under the Texas Public Information Act. Invoking the PIA,
Randall Kallinen asked the City of Houston to disclose information regarding


2

a traffic-light camera study that the City had commissioned. The City g... More...
   $0 (02-28-2017 - TX)

Darwin and Jean Krenz v. XTO Energy, Inc.

[¶1] XTO Energy, Inc., appeals and Darwin and Jean Krenz cross-appeal from a judgment awarding the Krenzes $800,000 for a pipeline trespass and ordering the parties to abide by certain documents for their future relationship after the district court construed a pipeline easement to authorize one pipeline on the Krenzes' land and found XTO's unauthorized construction and operation of a second pipel... More...   $0 (02-16-2017 - ND)

STATE OF LOUISIANA v. JOSHUA LUCKEY

On April 3, 2013, the State charged defendant by bill of information with the
sexual battery of a known juvenile, E.D. (D.O.B. 9/22/2005), in violation of La.
R.S.14:43.1 (count 1) and with the sexual battery of a known juvenile, A.B.
(D.O.B. 7/18/2008), in violation of La. R.S. 14:43.1 (count 2). The bill of
information alleged that defendant committed both offenses on or bet... More...
   $0 (02-09-2017 - LA)

Thomas H. Krakauer v. Dish Network, L.L.C.

Durham, NC - Jury Awards $400 Each to 51,000 Members of Class

Thomas H. Krakauer sued Dish Network, L.L.C. for violating the "Do Not Call Registry" (47 U.S.C. 277) statute by calling him and 51,000 other individuals.

Title 47 U.S.C. 0227 provides:

Restrictions on use of telephone equipment
(a) Definitions

As used in this section—

(1) The term “auto... More...
   $21400000 (01-23-2017 - NC)

Jerry Hartfield v. The State of Texas

Nearly four decades ago, a Wharton County jury convicted appellant Jerry Hartfield
of the capital murder of Eunice Lowe and assessed his punishment at death. On
automatic review, the Texas Court of Criminal Appeals found error related to the exclusion
of a potential juror, vacated Hartfield’s conviction, and ordered a new trial in its entirety.
In its motion for rehearing to ... More...
   $0 (01-19-2017 - TX)

THE PEOPLE OF THE STATE OF ILLINOIS v. DAMEN PRICE

¶ 3 In November 1996, following a jury trial in the circuit court of Cook County, defendant was convicted of aggravated arson and the first degree murder of 4-year-old Curtis Jones, Jr., who died in the fire. Defendant had requested separate verdict forms for the various theories of murder charged by the State (intentional, knowing, and felony murder), but the trial court denied that request. The... More...   $0 (01-08-2017 - Il)

STATE OF CONNECTICUT v. J.M.F.*

The defendant, J.M.F., appeals from the judgment of conviction of attempt to commit murder in violation of General Statutes §§ 53a-49 (a) (2) and 53a-54a (a), assault in the first degree in violation of General Statutes § 53a-59 (a) (1), and risk of injury to a child in violation of General Statutes § 53-21 (a) (1). On appeal, the defendant raises the following seven claims:(1)thetrialcourtabusedi... More...   $0 (01-03-2017 - CT)

Oklahoma Association of Broadcasters, Inc. v. City of Norman

¶1 Section 24A.8(A) of the Open Records Act (the Act), 51 O.S.2011, § 24A.8(A)(2), required law enforcement agencies "to make available for public inspection . . . [f]acts concerning [an] arrest, including the cause of arrest and the name of the arresting officer . . . ." The questions presented to this Court are whether there was an arrest in the underlying criminal proceeding for purposes of the... More...   $0 (12-06-2016 - OK)

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