Gateway Hotel Management Company (Gateway) appeals from the judgment of the circuit court denying Gateway's request for issuance of a writ of mandamus to compel the Board of Equalization of St. Louis County (Board) to hear and determine a real estate tax appeal filed by Gateway. Gateway contends the circuit court erred in denying its request for a writ of mandamus because (1) the Board is not auth... More...   $169178 (03-18-2003 - MO)

1. "Article V, section 1 of the Constitution of West Virginia which prohibits any one department of our state government from exercising the powers of the others, is not merely a suggestion; it is part of the fundamental law of our State and, as such, it must be strictly construed and closely followed." Syl. Pt. 1, State ex rel. Barker v. Manchin, 167 W. Va. 155, 279 S.E.2d 622 (1981).

2.... More...   $0 (03-11-2003 - WV)

This original proceeding involves a discovery dispute. Relator Fort Worth Children's Hospital d/b/a Cook Children's Medical Center (Cooks) seeks mandamus relief from the trial court's October 18, 2002 order requiring it to produce (a) the names and "face sheets" of all infants who received the vitamin supplement E-Ferol while patients at Cooks in 1984 and (b) the names of those patients' parents. ... More...   $0 (02-28-2003 - TX)

At the time the facts underlying this original proceeding occurred, Scott and Robert Truelson, the real p... More...   $0 (02-27-2003 - TX)

John J. Connolly, Jr., the defendant in a highly publicized criminal trial, applied under the Criminal Justice Act (CJA), 18 U.S.C. § 3006A (2000), for government funding for a portion of his attorneys' fees and legal expenses. Connolly had informed the court that he was already in debt to the counsel he had previously retained, and could no longer afford to pay his legal bills. He submitted finan... More...   $0 (02-25-2003 - MA)

This appeal comes to us from the midst of lengthy post-judgment proceedings in an Employee Retirement Income Security Act case. For nearly two decades, the district court has overseen efforts by a series of special masters to trans-form an insolvent company's contaminated steel plant site into a means of funding the former steelworkers' medical plan. After other parties accused the special m... More...   $0 (02-25-2003 - CA)

The case proceeded to trial before a jury on January... More...   $0 (02-24-2003 - CO)

Plaintiffs, Friends of the Parks, together with 11 individual members of that organization and the Landmarks Preservation Council of Illinois, sued the Chicago Park District (Park District), the Illinois Sports Facilities Authority (Authority), the Chicago Bears Football Club, Inc. (Bears), the Chicago Bears Stadium L.L.C. (Stadium), and the City of Chicago (City) seeking a declaratory judgment... More...   $0 (02-21-2003 - IL)

Appellant, Hank C. Sheppard, brings this appeal from the district court's judgmen... More...   $0 (02-13-2003 - TX)

The Parties: Appellants and cross-respondents are the City of San Jose and its Department of Parks, Recreation, and Neighborhood Services (collectively, the City). The City has enacted and administers a mobilehome rent control ordinance (the Ordinance... More...   $0 (02-13-2003 - CA)

Plaintiff, James Armstrong, an inmate at the Tamms Correctional Center (Tamms), filed a pro se amended complaint (complaint) for mandamus in the Sangamon County circuit court on July 23, 2001. The complaint sought to compel defendant, Donald Snyder, Jr., Director of the Illinois Department of Corrections (DOC), to expunge parts of plaintiff's disciplinary record. Plaintiff's complaint alleged t... More...   $0 (01-31-2003 - IL)

Jack Jackson, who resided in Salina, Kansas, was employed by Lincoln County Sheriff Wray Nielander as a part-time deputy from November 3, 2001, until January 1, 2002, at which time Jackson became a full-time deputy. The Board of Lincoln County Commissioners (Board) twice took action to discharge Jackson for the stated reason of unsatisfactory job performance. The second attempt by the Board fol... More...   $0 (01-31-2003 - KS)

In February 2001, Adela Dryden (Adela), appellant's former wife, was granted a money judgment against appellant for child support arrearage. Adela sought to enforce the money judgment by obtaining writs of garnishment and execution on appellant's personal property. See Tex. Fam. Code. Ann. § 157.312 (Vernon 1996). The collection procedures, however, were stayed by the trial court. Adela filed a pe... More...   $0 (01-31-2003 - TX)

Plaintiff Apple Computer, Inc. (Apple), claiming that it overpaid approximately $2.75 million in property taxes for the 1994 through 1996 tax years, petitioned for a writ of mandamus against defendants Santa Clara County Assessor Lawrence E. Stone (Assessor) and the County Assessment Appeals Board (Board). The trial court ordered the Assessor to complete an audit for those years and the Boa... More...   $0 (01-31-2003 - CA)

In United States ex rel. Body v. Blue Cross & Blue Shield of Alabama, Inc., 156 F.3d 1098 (11th Cir. 1998), we held that an insurance company occupying the role of "fiscal intermediary" in processing Medicare Part A claims is immune from liability, under 42 U.S.C. § 1395h(i)(3), in a qui tam suit brought under the False Claims Act, 31 U.S.C. § 3729(a), for knowingly approving false or fraudulent P... More...   $0 (01-28-2003 - FL)

The duly elected and sworn judge of the 352nd District Court is the Hon... More...   $0 (01-24-2003 - TX)

Peace officers and firefighters sometimes put in for a disability retirement based on "mental incapacity" where the alleged incapacity derives fundamentally from the fact that they aren't getting along with their colleagues. The "incapacity" is manifested in some fear about the way fellow officers will behave toward them in the future. (E.g., Haywood v. American River Fire Protection Dist. (19... More...   $0 (12-27-2002 - CA)

Appellant Eller Media Company, f/k/a DR Partners d/b/a Donrey Outdoor Advertising Company, petitioned for a writ of mandamus to compel the City Clerk for the respondent City of Reno to remove from the November 2000 general election ballot an initiative petition submitted by respondent Citizens for a Scenic Reno. The proposed initiative sought to prohibit the City of Reno from issuing permits for ... More...   $0 (12-17-2002 - NV)

Mandamus, recovery of excessive environmental impact report fees and inverse condemnation and damages for constitutional violation claims by Gregg Development against the City of Glendale over land the Plaintiff sought to use for residential development. In 1992, Gregg made application for a permit to develop the property in question for a use permitted by the City's zoning ordinances. Shortly t... More...   $25250000 (12-17-2002 - CA)

Two local law enforcement employee associations (Associations)1 filed an action against the City of San Diego (City) and County of San Diego (County) (collectively Public Entities), alleging the Public Entities' practice of routinely disclosing personnel records at public disciplinary appeal hearings violates Penal Code section 832.7 and the law enforcement officers' constitutional rights to p... More...   $0 (12-12-2002 - CA)

This case involves a dispute over land use between landowner Dennis Dubuc ("Appellant") and Green Oak Township (the "Township"), where the land is located. This dispute has taken numerous forms, lasted many years, and involved multiple judicial decisions by various courts. In its present manifestation, the parties opposing Appellant are Green Oak Township, Green Oak Township Zoning Board of Appeal... More...   $0 (12-02-2002 - MI)

In December 1998, the County of Santa Fe ("County") filed suit in New Mexico state court against PNM seeking to enjoin construction of the powerline. The County alleged that the powerline project was in violation of its Land Development Code ("Code") because PNM had not obtained a required development permit and was not burying the powerline. After initially failing in an attempt to remove the cas... More...   $0 (11-27-2002 - NM)

Sara L... More...   $0 (11-24-2002 - IL)

The defendant, Joseph Academy, Inc. (the academy), is a private, not-for-profit corporation serving special education students pursuant to contracts with various local public school districts. In this appeal, the academy requests that we reconsider the criteria this court recently adopted in Carroll v. Paddock, 199 Ill. 2d 16 (2002), for identifying local public entities under section 1-206 of the... More...   $0 (11-24-2002 - IL)

Defendant, Illinois Bell Telephone Company, d/b/a Ameritech Illinois, seeks reversal of the circuit court's order denying its motion to dismiss the complaint filed by plaintiff, Village of McCook, a municipal corporation, for lack of standing. Plaintiff brought suit on behalf of itself and all other Illinois municipalities and other units of government which, during the period of May 1993 through ... More...   $0 (11-18-2002 - IL)