In August 2007, the City of San Diego (the City) formed a special assessment district known as the Greater Golden Hill Maintenance Assessment District (the District) for the purpose of providing various services and improvements for the benefit of properties in the District. The same month, Golden Hill Neighborhood Association, Inc. — an association of property owners in the Golden Hill area —... More...   $0 (09-22-2011 - CA)

This is the second appeal in litigation arising from the Secretary of Health and Human Services’ (“HHS”) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe (“Tribe”). In an initial order, the district court ruled that HHS’s decision was unlawful, granted summary judgment to the Tribe, and directed the parties to prepare a proposed order for inju... More...   $0 (09-19-2011 - NM)

Candi Cooper appeals from the trial court’s order modifying the parent-child relationship between her and her son, Z.B.J. We affirm.

Background Facts

As demonstrated below, the facts of this case are unique. Cooper and David Johnston were divorced in 2007 in Upshur County, Texas. In the divorce decree, the 115th District Court of Upshur County appointed Cooper and Jo... More...   $0 (09-15-2011 - TX)

Joslyn Johnson sued the City of Houston (“City”), alleging that the City’s policy preventing police officers from contacting federal immigration authorities violated her state and federal constitutional rights. The district court dismissed Johnson’s case, holding that a previous case Johnson had filed against the City barred the current case under principles of claim preclusion, or res jud... More...   $0 (09-09-2011 - TX)

[¶1.] This is an original proceeding for an alternative writ of mandamus or prohibition brought by the Rapid City Journal, the Associated Press, and the South Dakota Newspaper Association (collectively referred to as the Media) against the Honorable John J. Delaney, circuit court judge. The Media brought this action because Judge Delaney (1) imposed a gag order on the parties and (2) closed the t... More...   $0 (09-07-2011 - SD)

Petitioners, Joe A. and Mary A. Bush, seek certiorari review of an order of the circuit court dismissing their amended petition for writ of certiorari by which they challenged the denial by the City of Mexico Beach, respondent, of their application to divide a residential lot (“lot split application”). We grant certiorari relief because the circuit court did not address the substantial due pro... More...   $0 (08-31-2011 - FL)

The City of Beaumont appeals from an order granting J.E.M.‟s request to expunge records related to his arrest on the charge of aggravated assault. We reverse and render judgment denying expunction.

Background

This is the second proceeding in which we have considered orders issued by the trial court following expunction proceedings initiated by J.E.M. See In re Beaumont City Att... More...   $0 (08-31-2011 - TX)

This is an appeal from the trial court‟s dismissal of a suit based on a city‟s claim of sovereign immunity. The City of Beaumont declared Yvonne Como‟s commercial building a public nuisance and condemned the property. Como did not challenge the condemnation by filing a writ of certiorari, but she sued the City more than one year after the City demolished the building. The trial court granted... More...   $0 (08-31-2011 - TX)

This is an appeal from a judgment in an action challenging the approval of a project for development of a beverage distribution facility on grounds that the County of Sonoma failed to comply with the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.)1 before issuing a mitigated negative declaration. Plaintiff Beverly Schenck claims proper notice of the administrativ... More...   $0 (08-26-2011 - CA)

¶1 Defendants Bryan K. Ellison, Jamie Ellison, and Commonwealth Properties, LC (collectively, the Ellisons), challenge the trial court’s determination that a trustee’s sale conducted in December 2009 was valid. The sale resulted in plaintiffs RM Lifestyles, LLC, and Woodbridge Realty, LC (collectively, RM Lifestyles), obtaining a trustee’s deed to the real property located in Holladay, Utah... More...   $0 (08-25-2011 - UT)

Susan Boggs (“Boggs”) and Fouad Rachid (“Rachid”), individually and on behalf of their minor daughter, and Fouad, Inc. (“Fouad”) (Boggs, Rachid, and Fouad, together, the “relators”) appeal the district court’s order dismissing their action on the basis of res judicata in favor of the City of Cleveland (the “City”). For the following reasons, we reverse the district court and ... More...   $0 (08-25-2011 - OH)

In this interlocutory appeal from the denial of a plea to the jurisdiction, the principal issue we must decide is whether the county attorney of Williamson County, in either her individual or official capacity, has standing to sue the county commissioners court for allegedly violating the Open Meetings Act and local government code in the course of making budgetary transfers that negatively impact... More...   $0 (08-25-2011 - TX)

Alexander & Lindsey, LLC, (Alexander) appeals the circuit court's judgment that upheld the decision of the County Commission of Platte County, Missouri,1 denying approval of Alexander's preliminary plat for a subdivision known as Beverly Plaza. Alexander contends that, because the preliminary plat met all of the requirements of Platte County's Subdivision 1Alexander filed a Verified Petition for M... More...   $0 (08-16-2011 - MO)

Plaintiff Chelsey Brown (Brown) seeks a writ of mandamus compelling defendants Phillip Crandall, as Director of the Humboldt County Department of Health and Human Services, and the Humboldt County Board of Supervisors (collectively, the County) to offer medical coverage to her and other indigent residents deemed ineligible for the County Medical Services Program (CMSP), in accordance with the Coun... More...   $0 (08-08-2011 - CA)

[¶1.] Matt Onnen was terminated from an administrative position at Southeast Technical Institute (STI), an entity of the Sioux Falls School District. He appealed the decision, arguing that it was arbitrary and capricious and an abuse of discretion. The trial court, Judge William J. Srstka, Jr., affirmed the decision to terminate. Onnen appeals Judge Srstka’s determination. Onnen also alleges th... More...   $0 (08-03-2011 - SD)

These consolidated writ petitions raise two novel issues involving the admissibility of expert testimony: (1) whether a nurse can testify as an expert regarding medical causation, and (2) whether defense expert testimony offering alternative causation theories must meet the “reasonable degree of medical probability” standard set forth in Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 155... More...   $0 (07-28-2011 - NV)

Complaining of numerous problems related to buses chartered for their transport to and from the annual "Texas-OU weekend" festivities in Dallas, appellants--Tau Kappa Epsilon (TKE), a fraternal social organization alleged to be affiliated with the University of Texas, and Adam Wilson Fomby, a fraternity member who had secured the buses--sued the bus company, appellee USA Bus Charter, Inc. (USA Bu... More...   $0 (07-28-2011 - TX)

2 Appellant, Assisted Living Concepts, Inc. (ALC), which is not a party in
3 the underlying probate proceeding, appeals from an order of the probate court denying its
4 motion to quash a subpoena duces tecum and granting the personal representative's
5 motion to compel discovery. We conclude that the probate court's order is not
appealable--and, specifically, that ORS 19.205(2) is ... More...   $0 (07-27-2011 - OR)

¶1 Defendants/Appellants City of Cottonwood and certain elected officials (collectively, the “City”) appeal from a judgment awarding Tom Mulcaire Contracting, LLC, fees under Arizona Revised Statutes (“A.R.S.”) section 12-2030 (2003), a statute that requires a court to award attorneys’ fees to a prevailing party in a mandamus action. The issue presented in this appeal is whether a party... More...   $0 (07-26-2011 - AZ)

Before the Court is N. S. Muthukumar's motion challenging the trial court's order sustaining the contest to his affidavit of indigence. See Tex. R. App. P. 20.1. Santa Rosa Apartments has filed a response and argues (1) we lack jurisdiction to consider the motion because Muthukumar did not file a separate notice of appeal from that order; and (2) the trial court did not abuse its discretion in sus... More...   $0 (07-22-2011 - TX)

¶ 1. Plaintiff appeals a grant of summary judgment by the Superior Court, Environmental Division (Environmental Court) in favor of defendants for lack of subject matter jurisdiction. We affirm.

¶ 2. Plaintiff, Linda Nordlund, owns a property (Nordlund parcel) on West Shore Road in Salisbury, Vermont. Defendant Elizabeth Van Nostrand (Van Nostrand) owns the abutt... More...   $0 (07-17-2011 - VT)

and Michael Weinstein (collectively the Foundation) filed a petition for writ of mandamus, seeking to compel the health officer of the Department of Public Health for the County of Los Angeles (the Department) to issue a regulatory order that requires adult film industry performers to wear condoms in the production of hardcore pornography and to obtain hepatitis B vaccinations in an effort to stem... More...   $0 (07-16-2011 - CA)

2 Plaintiffs Charles M. and Lillian M. Fischer (the Fischers) appeal the circuit
3 court's judgment in a writ of review proceeding that affirmed respondent Benton
County's1 4 determination that the Fischers have a vested right to complete a subdivision of
their property in compliance with waivers issued pursuant to Ballot Measure 37 (2004)2 5
6 but do not have a vested right to est... More...   $0 (07-13-2011 - OR)

Petitioner Sharon Elizabeth Zullo sued her employer, real party in interest Inland Valley Publishing Co. (Inland) for wrongful termination in violation of California’s Fair Employment and Housing Act (Gov. Code, § 12920 et seq. (FEHA)). The superior court granted Inland’s petition to compel arbitration and stayed the civil proceedings. Petitioner challenged that ruling by way of a petition fo... More...   $0 (07-12-2011 - CA)

Eugene C. Smalls appeals from an order of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying a petition for a writ of mandamus. We affirm.

I. BACKGROUND

Mr. Smalls served as a Marine on active duty from June 1978 to December 1980. Thereafter, the Depart-ment of Veterans Affairs (“VA”) regional office (“RO”) granted Mr. Smalls a service conne... More...   $0 (07-12-2011 - DC)