Academy of America, Inc. leases to Academy of Lithonia, Inc. the facilities necessary for it to operate as a charter school. Beginning in 2001, the DeKalb County Department of Public Works considered the charter school to be exempt from the local zoning ordinance, and granted all necessary building permits and certificates of occupancy. In November 2003, the County issued a permit for the con... More...   $0 (01-17-2008 - GA)

Joe Voyles was cited for certain city code violations in connection with the construction of a retaining wall on a lake located in the City of Berkeley Lake ("City"). Berkeley Lake Municipal Court Judge Jan McKinney, the only municipal court judge in the City, was assigned to hear Voyles' case. Shortly before an initial hearing on March 14, 2007, Voyles filed at least twelve motions, and... More...   $0 (01-08-2008 - GA)

We hold Plaintiff Edward C. Norton must be reinstated to his former position as director of building services of defendant San Bernardino City Unified School District (the District), including his former duties, responsibilities and salary as director. We therefore direct issuance of a writ compelling the District to do so. Norton was terminated from his employment as the District's direc... More...   $0 (01-08-2008 - CA)

Plaintiff, the Village of Oak Lawn (Oak Lawn), brought a declaratory judgment action against defendant, Joseph Faber, its former long-time employee and village manager, alleging that prior to the date a newly elected village board of trustees was to take office, the outgoing village board voted to terminate Faber's employment so that he could claim a severance package totaling nine months... More...   $0 (12-21-2007 - IL)

¶1 The original action involves a custody dispute. At issue are the constitutionality of 43 O.S. Supp. 2006 §107.3(A)(2)(e),1 providing that no discovery shall be allowed of the guardian ad litem, and the trial court's order2 prohibiting the guardian ad litem from being called as a witness in the cause.3 We consider the constitutionality of §107.3 only to the extent that it can be construed to ... More...   $0 (12-18-2007 - OK)

PMI Food Equipment Group, Inc. closed its plant in Dayton, Ohio in 1995 and moved the operation to Piqua, Ohio after signing a tax-abatement agreement with the City of Piqua, Miami County, and the state of Ohio that resulted in favorable tax treatment for 10 years. In the process of closing its Dayton plant, PMI terminated all of the 66 hourly employees who worked there. The hourly workers ... More...   $0 (12-16-2007 - OH)

For many years, Carteret-Craven Electric Membership Corporation, a North Carolina electric cooperative, had a pole-attachment agreement with Time Warner Entertainment-Advance/Newhouse Partnership, a cable service provider, permitting Time Warner to attach its cable to Carteret-Craven Electric's utility poles. The initial fee in the 1997 renewal of the agreement provided that Time Warner p... More...   $0 (11-15-2007 - NC)

1 The issue presented is whether respite/certified foster parents should have been allowed to participate in a proceeding to remove a child from their home. We hold that 10 O.S. Supp. 2002 §72081 does not divest the trial court of its duty to determine the child's best interests in a removal proceeding. Under the facts presented, a proper determination of the child's best interest requires th... More...   $0 (11-13-2007 - OK)

[2.] Stan and Mike Kopfmann obtained a Hand County building permit to construct the hog barn for 960 animal units. Woodruff, who resided 1.8 miles away, requested the ... More...   $0 (11-08-2007 - SD)

In this case, we consider the limits of a trial court's broad discretion when deciding whether to dismiss on forum-non-conveniens grounds an action brought by a claimant who is not a legal resident of the United States. We conclude that, though by its terms the forum-non-conveniens statute is permissive, the deference it affords trial courts is not without bounds. As with other discretionary... More...   $0 (11-05-2007 - TX)

Structured Capital Resources Corporation (SCR) seeks relief from the trial court's order denying arbitration of its contract dispute with Arctic Cold Storage, LLC and Mickey Cox (collectively ACS). SCR has sought relief by petition for writ of mandamus based on the Federal Arbitration Act (FAA) and by interlocutory appeal based on the Texas Arbitration Act. We consolidate the two proceedings.... More...   $0 (10-25-2007 - TX)

David Gehl appeals from an order denying his petition for a writ of mandamus seeking email communications from Dane County officials under the public records law. He asserts that, prior to the time of his request, the County improperly deleted emails that may have been responsive to his request, and he seeks access to whatever portion of the deleted emails that may still exist on discarded bac... More...   $0 (10-18-2007 - WI)

Plaintiffs, Leland Stahelin and JES Ventures, L.L.C., are owners of an 18-acre parcel of land bordered on three sides by defendant Morton Arboretum (Morton). Plaintiffs wish to develop the property, and defendant the Forest Preserve District of Du Page County (the District) wishes to preserve the property in its current state, for the benefit of the public. Following negotiations to buy t... More...   $0 (10-10-2007 - IL)

At issue in this case is the right to a jury trial in an admiralty case. Lockheed Martin owns a ship that was damaged at sea, and a dispute over insurance coverage arose between Lockheed and its insurer, National Casualty Company. National filed a declaratory judgment action in district court, designating the action as one proceeding under the court's admiralty jurisdiction and thus with... More...   $0 (10-05-2007 - MD)

¶1 In this case we decide whether Plaintiff/Appellee Irene Stephanie Thompson is required to submit her state law retaliatory discharge claim to arbitration pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §§1-16. Her claim originated in state district court pursuant to the Oklahoma Workers' Compensation Act (WCA), specifically the provisions at 85 O.S. 2001 §51 (since amended). Under t... More...   $0 (10-02-2007 - OK)

This appeal is the latest in the rapidly-evolving jurisprudence addressing, in light of City of Houston v. Williams, (1) the extent to which governmental immunity bars suits arising from alleged violations of local government code chapter 143. Mark Whiteaker, a lieutenant in the Round Rock Fire Department, sued the City of Round Rock and its fire chief, Larry Hodge (collectively, the City), cl... More...   $0 (09-25-2007 - TX)

Plaintiffs appeal the district court's order dismissing their suit under Rule 12(b)(6). Plaintiffs, six former distributors of the Houston Chronicle, a newspaper owned by defendants (Hearst), brought this suit against Hearst alleging breach of contract, wrongful termination under Sabine Pilot Service Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985),1 and antitrust claims. Five of the six plaintif... More...   $0 (09-25-2007 - TX)

In this petition, we address an important issue regarding access to justice - we consider whether a non-English speaking litigant is entitled to have a volunteer interpreter appointed to assist him or her in a justice court small claims proceeding. And, when no volunteer interpreter is available, we consider whether the justice court has discretion to appoint a state-registered interpreter, at... More...   $0 (09-20-2007 - NV)

This case comes to us by way of an original petition for a writ of mandamus or prohibition. In granting this petition in part, we consider and determine the scope of Nevada's residential constructional defect statutes, contained within NRS Chapter 40 from NRS 40.600 through NRS 40.695. In general, this legislation sets forth rights and remedies of homeowners, developers, and building contrac... More...   $0 (09-20-2007 - NV)

[The Ordinance sought] to protect the owners ... More...   $0 (09-19-2007 - CA)

There is indeed a serious policy issue in this appeal. ... More...   $0 (09-17-2007 - GA)

I agree that all controversies which may arise between us, including but not limited to those involving any transaction or the c... More...   $0 (09-05-2007 - TX)

After losing a substantial investment in the Enron debacle, two investors sued their investment advisor and his firm. Although they had signed contracts with the firm containing broad arbitration clauses, they sought to avoid them on grounds that (1) the firm had changed its name, and (2) the employee did not sign the contracts in his personal capacity. Because all the other terms of the partie... More...   $0 (08-24-2007 - TX)

Seagate Technology, LLC ("Seagate") petitions for a writ of mandamus directing the United States District Court for the Southern District of New York to vacate its orders compelling disclosure of materials and testimony that Seagate claims is covered by the attorney-client privilege and work product protection. We ordered en banc review, and now grant the petition. We overrule Underwater Devi... More...   $0 (08-22-2007 - DC)

Appellant Michael R. Benbo, an indigent inmate at the time of the filing of this lawsuit, appeals from orders 1) transferring venue and 2) dismissing his suit against a multitude of defendants. Through the suit, he sought damages for medical malpractice purportedly committed on his toe and involving the treatment of a fungus. He purportedly contracted the fungus while incarcerated. We affirm b... More...   $0 (07-24-2007 - TX)