Del Cerro Mobile Estates (Del Cerro) appeals from a judgment of dismissal after the trial court sustained a demurrer filed by the Orange County Transportation Authority (OCTA) and the City of Placentia and its city council (the City) to Del Cerro‟s first amended complaint for declaratory and injunctive relief and petition for writ of mandate. Del Cerro challenged the adequacy, under the Californ... More...   $0 (07-07-2011 - CA)

This appeal arises from a denial of injunctive relief against a union under Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 (1970), and § 301 of the Labor-Management Relations Act (LMRA), 29 U.S.C. § 185, as well as a denial of declaratory relief concerning actions previously taken by that union. We affirm the denial of injunctive relief, vacate the denial of declaratory relie... More...   $0 (06-30-2011 - MA)

Petitioner Ricky Oscar Williams, an Oklahoma state prisoner proceeding pro se, seeks a Certificate of Appealability (COA) to challenge the district court’s denial of his 28 U.S.C. § 2241 petition. In his § 2241 petition, Williams argued that the Oklahoma Department of Corrections (ODOC) had improperly calculated and applied his earned credits when administering his sentence. The district court... More...   $0 (06-13-2011 - OK)

This appeal relates to 4.5 miles of a railroad right-of-way in Miami County, Kansas, that has been railbanked and is now operated as a recreational trail. Generally, the issues in this appeal focus on the relationship between and the application of the Kansas Recreational Trails Act (KRTA), K.S.A. 58-3211 et seq., and the National Trails System Act, commonly referred to as the federal "Rails to Tr... More...   $0 (06-10-2011 - KS)

The County of Dauphin (County) and taxpayers of the City of Harrisburg (City), Joseph and Jacalyn Lahr, (collectively, County), appeal from an order of the Court of Common Pleas of Dauphin County that sustained preliminary objections of the City, the City's Mayor, Treasurer and Controller, and the City Council members (collectively, the City or City defendants) to the County's first amended compla... More...   $0 (06-10-2011 - PA)

In this petition, we address the narrow issue of whether a defendant may, under NRCP 13(h), bring a counterclaim that adds new parties to an action. Under that rule, if there is at least one original party included in the counterclaim, a defendant may add new parties to the action through a counterclaim as long as the nonparty meets the joinder requirements under NRCP 19 or 20. We take this op... More...   $0 (06-02-2011 - NV)

The plaintiffs, Raymond and Marcia Cornell (collectively, the Cornells), reside in their home at the edge of Harris Pond in Blackstone. The defendant Roland M. Michaud (Roland) [FN3] purportedly obtained a building permit for and began construction of a large single family home on his adjacent land. A Superior Court judge, on the Cornells' complaint pursuant to G.L. c. 40A, § 17 (zoning appeal), ... More...   $0 (05-31-2011 - MA)

1 The issue is whether the trial judge abused his discretion when he refused to recuse himself in this divorce case after he voluntarily recused himself sua sponte in another case pending before him in which defendant's new wife sought a protective order against plaintiff. We find that the trial judge abused his discretion by refusing to recuse himself in this case.

�2 Pamela Casey, now P... More...   $0 (05-24-2011 - OK)

Plaintiff Debbie McCravy sued Defendant Metropolitan Life Insurance Company ("MetLife"), alleging, among other things, breach of fiduciary duty, and seeking damages under the "other appropriate equitable relief" provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(3). The district court granted McCravy summary judgment, but limited her damages to the return of h... More...   $0 (05-16-2011 - SC)

In April 2008, the City of Solana Beach (City) determined a mixed-use development proposal was inconsistent with certain local zoning and specific plan requirements, and directed the project's proponents to redesign the project. About 16 months later, on September 2, 2009, plaintiffs Rosa Haro and Carlos Ibarra filed a petition for writ of mandate and a complaint, alleging the City's actions viola... More...   $0 (05-12-2011 - CA)

In this case, a buyer bought a new boat from a dealer. The buyer alleged that the boat was defective. The buyer sued the dealer, its sales representative, and the boat’s manufacturer. A visiting judge presided over a trial of the case, and a jury returned a verdict in favor of the buyer. The defendants moved for a new trial. The district judge granted the defendants’ motion for new tria... More...   $0 (05-12-2011 - TX)

Carillon South Joint Venture, LLC (“Carillon”) petitions this Court for a writ of mandamus to compel the trial court to vacate its sua sponte order granting a mistrial, and thereafter, to enter a judgment reflecting the jury’s unanimous verdict in favor of Carillon and against Bret Diamond. In the alternative, Carillon petitions this Court for a writ of certiorari, seeking to quash the order... More...   $0 (05-11-2011 - FL)

¶1 Yuma Valley Land Company, Territorial Real Estate, Parkway Place Development, and Saguaro Desert Land (collectively “Developers”) appeal the superior court’s decision dismissing their declaratory judgment complaint against the City of Yuma. For the following reasons, we affirm.

BACKGROUND

¶2 Yuma Valley Land Company and Territorial Real Estate own real property (“the Pro... More...   $0 (05-05-2011 - AZ)

The City of Houston appeals from a judgment in favor of Maguire Oil Company and others[1] arising from an inverse condemnation claim predicated on the erroneous invocation of an inapplicable city ordinance to revoke Maguire’s natural gas drilling permit. We affirm the trial court’s judgment.

Background

The fight over Maguire’s thwarted effort to drill for natural gas near Lake... More...   $0 (05-03-2011 - TX)

Appellant General Agents Insurance Company of America, Inc. (“Gainsco”) challenges the trial court’s rendition of partial summary judgment in favor of appellees Ahmed El Naggar and El Naggar Fine Arts Furniture, Inc. (collectively “El Naggar”) in El Naggar’s suit against Gainsco to recover insurance proceeds. Gainsco contends that the trial court erred in granting El Naggar’s partia... More...   $0 (05-03-2011 - TX)

In 2004, following a competitive bidding process, defendant California Department of Parks and Recreation (DPR) awarded real parties in interest Delaware North Companies Parks & Resorts, Inc. (DNCPR), and Delaware North Companies Parks & Resorts at San Diego (DNCPRSD) (hereafter collectively Delaware North) a contract to operate a concession at the Old Town San Diego State Historic Park for a peri... More...   $0 (04-29-2011 - CA)

In 2008, the City of Los Angeles (City) passed an ordinance amending section 53.15.2 of the Los Angeles Municipal Code (Ordinance) to require all dogs and cats within the City to be spayed or neutered unless one of the listed exemptions is met. The City adopted the Ordinance with the intent of controlling the rising pet population in the City. Appellants Concerned Dog Owners of California, Cathie ... More...   $0 (04-29-2011 - CA)

Appellants, Rebecca Terrell and Chandrashekhar Thanedar,[1] are appealing the granting of a summary judgment in favor of PISD, Pampa Independent School District, regarding appellants’ action alleging violations of the Texas Open Meetings Act (TOMA)[2] and a request to void all actions of PISD taken as a result of alleged illegal meetings. We will reverse and remand.



Factual and ... More...   $0 (04-29-2011 - TX)

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental... More...   $0 (04-28-2011 - TX)

In this accelerated appeal, appellants, NCP Finance Limited Partnership and NMCapital, Inc. (collectively “NCP”), appeal from the trial court’s order on their motion to compel individual arbitration and stay litigation pending arbitration. We reverse and remand.

BACKGROUND

ACE Credit Service, LLC (“ACE”) is a registered Texas credit services organization, and NM... More...   $0 (04-27-2011 - TX)

¶1 Movants/Appellants Marvin Y. and Soohyun Jin (Jins) and Bank of Oklahoma (BOK) (collectively, Appellants) appeal from the trial court's order denying their Motion to Intervene in a foreclosure action.1 Appellants acquired their interest in the property at issue in this case after lis pendens was recorded. As a result, Appellants' interest is void as to the prevailing party in this case. Appell... More...   $0 (04-22-2011 - OK)

This appeal brings us an issue arising from the statutory regime that governs part of the employment system in the Department of Veterans Affairs. The issue is whether the two-year probationary period laid out at 38 U.S.C. § 7403 applies to a temporary, at-will VA physician appointed under 38 U.S.C. § 7405. The appellant, Dr. Jacques Durr, contends that it does, relying on the plain language in ... More...   $0 (04-19-2011 - FL)

This appeal arises from an action brought by the plaintiff, Scott Levine, against the defendants, the town of Sterling (town) and its building official, D. Kyle Collins, Jr.,1 relating to the defendants’ refusal to issue to the plaintiff permits to build two additional dwelling units on his property located in the town. The plaintiff appeals2 from the judgment rendered by the trial court in favo... More...   $0 (04-12-2011 - CT)

Probationary teacher Michael Sullivan appeals from a judgment denying his petition for writ of mandamus. The petition sought to compel the Centinela Valley Union High School District (the District) to reinstate Sullivan with permanent status (tenure) because he alleged the District was one day late in serving him with notice that he would not be reelected for the following school year.

Educ... More...   $0 (04-07-2011 - CA)

On April 4, 2004, David and Guadalupe Cantu’s house was damaged in a hailstorm. The Cantus’ house was insured under a policy with Southland Lloyds Insurance Co. Southland sent an independent adjustor, Bobby Arnold, to the Cantus’ home to inspect the damage on April 13, 2004. On April 27, 2004, Southland mailed to the Cantus a copy of Arnold’s repair estimate and a letter advising them t... More...   $0 (04-05-2011 - TX)