Mandamus Law
 
Western Energy Alliance v. Ken Salazar

This litigation concerns whether the Mineral Leasing Act (“the Act” or “MLA”), as amended by the Reform Act of 1987, requires the Secretary of the Interior (“the Secretary”) to issue leases for parcels of land to the highest bidding energy company within sixty days of payment to the Bureau of Land Management (“BLM”). Appellants (collectively “Energy Companies”) brought suit see... More...   $0 (03-12-2013 - WY)

Annelise M Clark v. Penn Square Mall Limited Partnership et al.

Annelise M Clark and Robert J. Clark sued Penn Square Mall Limited Partnership et al. on a personal injury theory.

The claims made and defenses asserted are not available.

Court Minutes:

01/02/2013 226 Minute Entry for proceedings held before Magistrate Judge Robert Bacharach: In Chambers Discovery Conference held on 1/2/2013. (lb) (Entered: 01/03/2013)

01/03/2... More...
   $1 (03-11-2013 - OK)

Hardin County Drainage District 55, Division 3, Lateral 10 v. Union Pacific Railroad Company

In this appeal, we must determine under Iowa’s laws relating to drainage districts, who is responsible for the costs to repair and improve old underground drainage tiles which run under a railroad roadbed. Hardin County Drainage District 55 (Hardin County) argues that the Union Pacific Railroad Company (Union Pacific) should be responsible for repair of a subterranean drainage tile found under i... More...   $0 (02-01-2013 - IA)

Bethel World Outreach v. Montgomery County Council

Bethel World Outreach Ministries brought this action asserting that Montgomery County’s zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. For the reasons ... More...   $0 (01-31-2013 - MD)

Joe Requa v. The Regents of the University of California

Appellants Joe Requa, Wendell G. Moen, Jay Davis, and Donna Ventura (hereafter collectively Retirees) all spent decades working at the Lawrence Livermore National Laboratory (Livermore). During their employment there, Livermore was operated by the University of California (the University or UC), a state agency governed by the Regents of the University of California (the Regents). After retiring fr... More...   $0 (01-29-2013 - CA)

Jose Cisnado v. Shady Oak Estates Homeowner's Association, Inc.

Appellants Jose and Juanita J. Cisnado challenge the trial court’s order enforcing the parties’ mediated settlement agreement, dismissing the underlying lawsuit with prejudice, and awarding attorney’s fees to appellee Shady Oak Estates Homeowner’s Association, Inc. (“Shady Oaks”). In five issues, the Cisnados assert that they were entitled to rescind the settlement agreement, that the ... More...   $0 (01-18-2013 - TX)

State of Oklahoma v. John David Walker

Pawhuska, OK - The State of Oklahoma charged John David Walker with with endeavoring to manufacture methamphetamine and possession of controlled dangerous substance.


01/16/2013 SUPPLEMENTAL INFORMATION FOR AFTER FORMER CONVICTION OF TWO OR MORE FELONIES
01/16/2013 WARRANT ISSUED $50.00
(Entry with fee only) $25.00
01/16/2013 PROBABLE CAUSE AFFIDAVIT (ORIGINALLY FI... More...
   $0 (01-16-2013 - OK)

C.V. Properties, LLC v. Statre ex rel. Coffee

¶1 In February of 2010 C. V. Properties, Plaintiff/Appellee, received notice from the Secretary of State, Defendant/Appellant, that the annual certificate required by § 2055.2 of title 18 was due and must be accompanied by the filing fee of $25.00. C. V. Properties mailed the completed certificate to the Secretary of State, but did not include the filing fee. The certificate was then returned wi... More...   $0 (01-15-2013 - OK)

Nabilco, Inc. v. The State of Texas

This is an interlocutory appeal from a temporary injunction that was sought by the State and the City of Houston to abate a common nuisance at Treasures, a gentlemen’s club, pursuant to Chapter 125 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code §§ 125.001—.047. Appellants raise five issues challenging the propriety of the temporary injunction order and some of... More...   $0 (01-13-2013 - TX)

Luis Alejo v. Tom Torlakson

Luis Alejo, Maria Medina, Angelica Arechiga, Joel Avila, Frente Indígena Oaxaqueño Binacional, Comité Pro Educación, Parents for Unity, and Californians Together, plaintiffs below, sought in the trial court to compel defendants, Tom Torlakson, in his official capacity as the State Superintendent of Public Instruction ( Superintendent); the State Board of Education (SBE); and the California Dep... More...   $0 (01-13-2013 - CA)

National City Bank of Indiana and Home Loan Services, Inc. v. Albert Ortiz

In this opinion, we address cross-appeals and a mandamus petition arising out of the foreclosure of a residential property. The borrower, Albert Ortiz, sued the bank and its mortgage servicer for a variety of claims including wrongful foreclosure, breach of contract, negligence, trespass to real property, trespass to personalty, and conversion. The bank counterclaimed to recover on the note and to... More...   $0 (11-24-2012 - TX)

Dave Singh v. Jeff Davi

Jeff Davi, as Commissioner of the Department of Real Estate (DRE) (Commissioner) denied Dave Singh‟s application for a real estate broker‟s license based on the “dishonest nature” of his prior conviction for theft by false pretenses and the concern that it would not be in the public interest to issue Singh a license. Singh petitioned for a writ of administrative mandamus (Code Civ. Proc., ... More...   $0 (11-19-2012 - CA)

West Washington Properties, LLC v. California Department of Transportation

This case concerns an advertising display the California Department of Transportation (Caltrans) found was in violation of the Outdoor Advertising Act, Business and Professions Code section 5200, et seq. (the Act).1 The owner of the display, West Washington Properties, LLC (West Washington), argued equitable estoppel and laches barred the agency from enforcing the Act, or formed the basis of an in... More...   $0 (11-05-2012 - CA)

In re: Amy & Vicky, Child Pornography Victims

This is a petition for a writ of mandamus filed pursuant to 18 U.S.C. § 3771, the Crime Victims Rights Act (“CVRA”).1

This matter has previously been on appeal, see United States v. Kennedy, 643 F.3d 1251 (9th Cir. 2011) (“Kennedy”), and a three-judge panel of this court affirmed defendant’s conviction and... More...
   $0 (10-24-2012 - WA)

Mount Shasta Bioregional Ecology Center v. County of Siskiyou

In November 2008, defendant Siskiyou County (County) approved a project to expand an existing wood veneer manufacturing facility owned by real party in interest Roseburg Forest Products Co. (Roseburg) in order to permit cogeneration of electricity for resale (Project). Plaintiffs Mount Shasta Bioregional Ecology Center (MSBEC) and Weed Concerned Citizens (WCC) filed a petition for writ of mandate ... More...   $0 (10-19-2012 - CA)

Arthur Firstenberg v. City of Santa Fe, New Mexico

Electromagnetic radiation is a form of energy ubiquitous in our modern world, associated with everything from WiFi networks to microwave ovens to power lines. Most of us do not notice it. Some individuals, however, apparently suffer from a condition known as electromagnetic hypersensitivity (“EHS”), which requires them to avoid exposure to sources of electromagnetic radiation. These sources in... More...   $0 (10-10-2012 - NM)

Amparo Pena Cortina v. P.I. Corporation and Windward Oil and Gas Corporation

Appellants, Amparo Pena Cortina and numerous descendants of Carmen Balli and Delfina Solis Balli ("the Cortinas"), filed suit against appellees, C. Jones Perry, as executor of the Estate of Gilbert Kerlin,1 P. I. Corporation, and Windward Oil & Gas Corporation ("Windward"), claiming to own an undivided 2.083% interest in Padre Island. Windward filed both no-evidence and traditional motions for sum... More...   $0 (10-04-2012 - TX)

Riverside County Sheriff's Department v. Jan Stiglitz

Following the decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), the Legislature enacted Penal Code section 832.7. (See Brown v. Valverde (2010) 183 Cal.App.4th 1531, 1538.) That statute provides that, subject to some exceptions not pertinent here, “Peace officer or custodial officer personnel records and records maintained by any state or local agency . . . or information o... More...   $0 (09-28-2012 - )

The University of Texas M.D. Anderson Cancer Center v. Robert K. Tcholakian

Appellee Robert K. Tcholakian filed a petition for Rule 202 deposition, seeking to depose a corporate representative of the University of Texas M.D. Anderson Cancer Center “to investigate potential claims Petitioner may have against [M.D. Anderson] and/or others.” In response, M.D. Anderson filed a plea to the jurisdiction on sovereign immunity grounds. The trial court denied the motion, and M... More...   $0 (09-27-2012 - TX)

Bissessarnath Ramcharan-Maharajh v. Delton M. Gilliland

More than 4 years after Osage City had authorized contracts to participate in a federal rails-to-trails project, Bissessarnath Ramcharan-Maharajh submitted petitions seeking to put the project before the voters for approval—or disapproval—in a referendum. But referendums are available in Kansas only when specifically authorized by statute, and no statute authorized the referendum Ramcharan sou... More...   $0 (09-26-2012 - KS)

Coalition for Clearn Air v. City of Visalia

A labor union, three public interest organizations, and an individual filed a lawsuit challenging the City of Visalia‟s (City) handling of VWR International, LLC‟s proposal to build a large distribution facility in Visalia. Plaintiffs alleged that the City‟s approval of the project violated the California Environmental Quality Act (CEQA)1 and provisions of the Visalia Municipal Code regardin... More...   $0 (09-14-2012 - CA)

Jennifer Harvard v. The Village of Palm Springs

Jennifer Harvard, on behalf of her son, a minor, appeals the circuit court’s denial of her petition for a writ of mandamus which, if granted, would have compelled the Village of Palm Springs (the “Village”) to produce law enforcement records relating to a juvenile investigation. We hold that the Village was not required to produce the requested records, and affirm.

Harvard is seeking ... More...
   $0 (09-14-2012 - FL)

City of Boca Raton v. Martin Siml

The City of Boca Raton (“the City”) appeals from a final order granting a writ of mandamus compelling the City to process a citizen initiative petition that would enact an ordinance to amend the city code. In addition, the Greater Boca Raton Beach and Park District (“the District”) appeals the trial court’s denial of its motion to intervene. We affirm the trial court’s order of mandamu... More...   $0 (09-14-2012 - FL)

Gordon Polley, M.D. v. Martha Gardner

Petitioners, Gordon Polley, M.D., and North Florida Surgeons, P.A., filed a petition for writ of mandamus seeking an order compelling the trial court to enter final judgment confirming an arbitration award entered in their favor. We grant the petition.

In 2008, the respondent, Martha Gardner, filed a complaint for medical malpractice against the petitioners, among others. The petitioners’... More...
   $0 (09-14-2012 - FL)

The City of Fort Worth v. Cicilia Jacobs

This is an interlocutory appeal by Appellant the City of Fort Worth from the trial court’s order that granted in part and denied in part the City’s plea to the jurisdiction. Based on allegedly discriminatory and unconstitutional employment practices, Appellee Cecilia Jacobs filed suit against the City asserting, in addition to other claims not at issue here, violations of her rights under t... More...   $0 (09-14-2012 - TX)

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AK Morlan
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