A police officer who has been suspended from duty has a right to appeal that action to either a civil service commission or to an independent, third-party hearing examiner. If the officer appeals to a hearing examiner, his ability to seek further review in a district court is severely limited. The suspended police officer in this case elected to appeal to a hearing examiner, but the City failed to... More...   $0 (06-19-2009 - TX)

Melissa Kohout appeals from the trial court=s grant of the plea to the jurisdiction filed by the City of Fort Worth, Texas (Athe City@), David Lunsford (the City=s gas well inspector), and Tom Edwards (the City=s senior gas drilling inspector) on her claims that she was denied due process, equal protection, and the right to petition her government. In one issue, Kohout argues that she has standin... More...   $0 (06-11-2009 - TX)

Defendant Multnomah County appeals a supplemental judgment, that awarded attorney fees, expenses, and costs to plaintiff Dorothy English after she obtained a general judgment for $1,150,000 in just compensation pursuant to ORS 197.352 (2005) (commonly known as Measure 37).(1) The central issue on appeal is whether ORS 197.352(6), the statute that governed attorney fees in Measure 37 cases, author... More...   $0 (06-10-2009 - OR)

The plaintiff, Westgate Miami Beach, Ltd. (“the plaintiff”), appeals from a non-final order denying its motion to assess prejudgment interest. We affirm. In 2007, the trial court issued a $7.7 million1 judgment in favor of the plaintiff against the defendant, Newport Operating Corp. (“Newport”). The judgment that was rendered and styled as a “Final Judgment,” found that the plaintiff w... More...   $0 (06-03-2009 - FL)

A state agency known as the Virginia Office for Protection and Advocacy, or "VOPA," brought this action in federal court against three Virginia officials in their official capacities. VOPA claims that the defendant state officials are violating federal law and seeks declaratory and injunctive relief. We hold that sovereign immunity bars VOPA’s suit. While Congress could seek to provide a federal... More...   $0 (06-02-2009 - VA)

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’... More...   $0 (05-29-2009 - PA)

¶1 In this appeal we address whether the county zoning inspector and deputy county zoning inspectors of Yuma County (“the County”) were lawfully appointed within the meaning of Arizona Revised Statutes (“A.R.S.”) section 11-808 (2001). We hold that the county zoning inspector was properly appointed, the deputy zoning inspectors must be appointed by the County Board of Supervisors (“Boar... More...   $0 (05-05-2009 - AZ)

When a defendant challenges venue, may the circuit court grant leave for the plaintiff to add a party whose presence makes venue proper?

Facts and Background

The writ at issue arises out of a suit for personal injury and wrongful death resulting from a train-car collision that occurred in the state of Louisiana between plaintiffs' car and a train owned by the relator, defendant Kansa... More...   $0 (05-05-2009 - MO)

In these accelerated, interlocutory appeals, Appellants Tyler Scoresby, M.D. and Yadranko Ducic, M.D. (collectively, AAppellants@) appeal the trial court=s order denying their motions to dismiss the health care liability claims of Appellee Catarino Santillan, individually and as next friend of Samuel Santillan, a minor. See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(9) (Vernon 2008). In three iss... More...   $0 (04-30-2009 - TX)

Appellant SP Star Enterprises, Inc. (Star) holds a certificate of occupancy from the City of Los Angeles (the City) permitting Star to operate an adult club featuring nude entertainment in a two-story, 7,000 square-foot converted warehouse/manufacturing facility zoned M3-1 on Ducommon Street north of Little Tokyo. Star also holds a franchise to operate a Penthouse branded adult cabaret.

Thi... More...   $0 (04-28-2009 - CA)

Appellant, Elizabeth Okorafor (Elizabeth) did not prevail on her motion to compel arbitration in the trial court, and now seeks to set that ruling aside in this interlocutory appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 171.098(a)(1) (Vernon 2005) (authorizing appeal of interlocutory order denying motion to compel arbitration brought pursuant to Texas General Arbitration Act (TGAA), which is ch... More...   $0 (04-23-2009 - TX)

This court granted two petitions for review of the court of appeals’ decision in Brookshire v. Adcock, 101 Ark. App. 134, 270 S.W.3d 879 (2008). The petitions, filed by then-Bank Commissioner Robert Adcock, Jr. and separate appellees Farmers Bank of Greenwood and Wilkinson Banking Corporation (appellees), assert that the court of appeals erred in reversing the Bank Commissioner’s decision to d... More...   $0 (04-17-2009 - AR)

Relator Dorothy English appeals a judgment dismissing an alternative writ of mandamus against defendants.(1) English sought mandamus to compel defendant county to satisfy a final judgment for just compensation pursuant to ORS 197.352 (2005) (commonly known as Measure 37) that she had against the county in the amount of $1,150,000.(2) The trial court entered a judgment dismissing the alternative ... More...   $0 (04-15-2009 - OR)

¶1 Robert J. Beasley (Beasley) appeals from an order of the Eleventh Judicial District Court, Flathead County, that granted the motion to dismiss filed by Flathead County, Flathead County Board of Adjustment and the Flathead County Zoning Administrator Jeff Harris (collectively Flathead County). We affirm.

¶2 We review the following issue on appeal:

¶3 Whether the District Court p... More...   $0 (04-08-2009 - MT)

The principal issue in this appeal is one of statutory interpretation. N Neb. R Rev. S Stat. § 17-201 (Reissue 2007) permits the incorporation of a village upon the petition of “a majority of the taxable inhabitants of any town or village, not incorporated under any laws of this state.” T The issue presented here is whether this statute permits the incorporation of a village lying entirely wi... More...   $0 (04-08-2009 - NE)

Appellants Parker County=s Squaw Creek Downs, L.P. (Athe limited partnership@) and James R. Dunnagan separately appeal the trial court=s orders appointing a receiver to wind up the limited partnership=s affairs and ruling that the limited partnership=s attorney has no authority to act on behalf of the limited partnership. Dunnagan also filed a petition for writ of mandamus seeking relief from the... More...   $0 (04-02-2009 - TX)

¶1 Defendant/Appellants, Rex Urice (Urice) and Bancfirst, seek review of the trial court's judgment in favor of Plaintiff/Appellee, Patricia Bowers Edwards (Edwards), individually and as next friend of her son, Robert Drew Bowers (Drew), on Edwards' claims to set aside for undue influence amendments her mother, Eloise Cooper Bowers (Bowers), made to The Eloise Cooper Bowers 1991 Trust (Bowers 199... More...   $0 (02-27-2009 - OK)

In these consolidated appeals, the principal issue we consider is whether the circuit court correctly applied Code § 15.2-2307 in finding that the owner/developers of a parcel of real property obtained a vested right to a particular use of the property under a rezoning ordinance subject to their proffers and, thus, are not subject to a subsequent amendment to the locality’s zoning ordinance tha... More...   $0 (02-27-2009 - VA)

In these consolidated proceedings, S. Stacy Eastland and Nancy Eastland Leaton (collectively “appellants”) complain of the trial court’s order denying their motion to compel arbitration.

Factual and Procedural Background

Camp Mystic is a summer camp for girls in Hunt, Texas. Until June of 1998, it was a family owned and operated company named Camp Mystic, Inc. (“... More...   $0 (02-22-2009 - TX)

Knapp appeals the trial court's final judgment. After a trial, the jury found against Knapp on his claim for breach of contract and in favor of the Wilson N. Jones Memorial Hospital d/b/a Wilson N. Jones Regional Health System (WNJ) on its counterclaims for breach of contract, breach of fiduciary duty, fraud, and negligence. WNJ was awarded $101,569 in damages, $939,000 in attorneys' fees, and $30... More...   $0 (02-18-2009 - TX)

California’s eminent domain law permits acquisition of property only for “a particular use,” to wit: a “proposed project.” (Code Civ. Proc., §§ 1240.020, 1240.030.)1 A public entity desiring to condemn private property must pass a “resolution of necessity” (§ 1240.040) that describes the proposed project and contains findings that the proposed project is necessary for the greater ... More...   $0 (02-13-2009 - CA)

In 2007, the United States Department of Housing and Urban Development (“HUD”) 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)

The issue presented by this appeal is whether a coroner’s autopsy report is an “official” record or paper within the meaning of Section 1251 of the act commonly referred to as the “Coroner’s Act.”1 The Commonwealth Court held that it is not. We granted allowance of appeal in order to clarify the matter in light of apparent inconsistencies among this Court, the Commonwealth Court, and t... More...   $0 (01-22-2009 - PA)

This appeal arises from State Farm Fire and Casualty Company and State Farm General Insurance Company’s (together “State Farm”) conversion of certain Louisiana homeowner insurance policy forms, namely State Farm’s forms HO-1, HO-3, and HO-5, to form HO-W, upon each existing policy’s expiration and renewal by the policy holder. See La. Rev. Stat. Ann. § 22:635.4 (“Section 22:635.4”).... More...   $0 (01-21-2009 - LA)

14 In this case — a dispute about how to count to three — the plaintiffs-
15 appellants are Medicare beneficiaries who appeal from a grant of summary
16 judgment of the United States District Court for the District of Connecticut
17 (Hall, J.). Each of them spent at least three days in the hospital but was
18 discharged less than three days after having been formally admitted, ... More...   $0 (01-16-2009 - CT)