Nuisance Law
 
Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk assessm... More...
   $0 (03-07-2016 - NM)

Jennifer J. Pearson v. State of Indiana

On January 20, 2015, officers from the Hartford City Police Department
executed a search warrant at Pearson’s residence. They discovered four blister
packs of pseudoephedrine and containers of solvents, Coleman fuel, sulfuric
acid, and an HCL generator. They also discovered drug paraphernalia,
including hypodermic needles and a digital scale with white residue on it.
Pe... More...
   $0 (02-29-2016 - IN)

Christopher Dent v. State of Indiana

On January 8, 2015, Corporal Jeff Stanley (Officer Stanley) of the Delaware
County Sheriff’s Department made a controlled buy of heroin from Dent with
the help of an informant at Dent’s residence on South Hackley Street in
Muncie, Indiana. At the time of the purchase, Dent was on home detention
pending pre-trial on an unrelated offense and was required to wear an electronic More...
   $0 (02-25-2016 - IN)

David W. Gerth v. State of Indiana

Sometime in August 2013, Detective Sergeant J. Michael Howell of the
Hamilton County Sheriff’s Department received information from a
confidential informant (“CI”) asserting that Gerth was selling marijuana from
his home in Westfield. Shortly after receiving this information, however, the CI
was “deactivated” because he had not completed all of the obligations required
of... More...
   $0 (02-18-2016 - IN)

Frantz Jerry Sainvil v. State of Indiana

At 1:15 a.m. on December 23, 2014, Officers Todd Allan Mattingly (“Officer
Mattingly”) and Sarah Gibson (“Officer Gibson”) with the Evansville Police
Department were working the third shift motor patrol for the police department
when they encountered a vehicle with an extremely dark window tint.
Believing that the tint was dark enough to constitute a violation, the officers More...
   $0 (02-16-2016 - IN)

Reginald D. Ivy, Jr. v. State of Indiana

On June 20, 2013, the State charged Ivy with two counts of dealing in cocaine
as class A felonies, possession of cocaine as a class A felony, dealing in cocaine
as a class B felony, and maintaining a common nuisance as a class D felony.
[3] On December 15, 2014, Ivy signed a written advisement and waiver of rights
form. That same day, Ivy and the State entered into a plea ag... More...
   $0 (02-15-2016 - IN)

State of Vermont v. Atlantic Richfield Company, et al.

This interlocutory appeal requires us to examine the contours of
the “stream-of-commerce” doctrine of personal jurisdiction, which was introduced by the U.S.
Supreme Court in a 1980 decision but later divided the Court with respect to its scope.
Defendant Total Petrochemicals & Refining USA, Inc. (TPRI) challenges a decision of the
superior court, civil division, denying its ... More...
   $0 (02-12-2016 - VT)

American Hospital Association v. Sylvia Burwell, United States Secretary of Health and Human Services

At heart, this case is about an agency caught between two congressionally assigned tasks. Congress has prescribed specific time frames for the Secretary of Health and Human Services to reach decisions on various stages of administrative appeals of Medicare reimbursement claim denials. But Congress has also directed the Secretary to implement the Medicare Recovery Audit Program to detect waste, fr... More...   $0 (02-09-2016 - DC)

ALFORD et al v. USA

The plaintiffs in Alford, et al. (“plaintiffs”) are all Mississippi residents, who own real and personal property in the Eagle Lake Community, which is located in Warrant County, Mississippi, in the Lower Mississippi River Valley. Sec. Am. Compl. ¶¶ 10 – 48, ECF No. 35 (“Compl.”). This valley “is a relatively flat plain of about 35,000 square miles bordering the river, which would be inundated d... More...   $0 (02-08-2016 - DC)

Matt D. Neace v. State of Indiana

In early April 2013, Indiana State Police Sergeant Paul Andry was conducting
an investigation involving Neace. During the investigation, Sergeant Andry
contacted Leah Ewen, who Sergeant Andry suspected had recently been in
contact with Neace. On April 17, Sergeant Andry and Ewen met at Ewen’s
place of employment. At the meeting, Ewen admitted to using
methamphetamine, p... More...
   $0 (02-06-2016 - IN)

Lyle D. Tucker v. State of Indiana

Lyle Tucker sold methamphetamine on three separate occasions to informants
who were recording the transaction for the Bloomington Police Department.
Tucker appeals the trial court’s decision to admit these recordings at his trial for
dealing in methamphetamine. He argues that the State failed to establish an
adequate foundation for the recordings under the silent witness theo... More...
   $0 (01-30-2016 - IN)

State of Tennessee v. Nolan Excell Pippen

Officer Charles Brannon of the Lewisburg Police Department (LPD) testified at a pretrial suppression hearing. Officer Brannon testified that at approximately 8:04 p.m. on December 12, 2013, he was dispatched to the Martin Street Apartments on a report “that there was fighting in the parking lot and possibly intoxicated individuals.” When he arrived at the apartment complex, another LPD officer, ... More...   $0 (01-28-2016 - TN)

Gerald A. Lechliter v. Del. Department of Natural Resources & Environmental Control, et al.

The Plaintiff filed his Verified Complaint on October 11, 2012. The
Complaint alleged seven counts against the Defendants: Count I alleges that DNREC
violated numerous statutes to illegally build the Turbine; Count II alleges that the
City violated statutes and zoning ordinances to illegally issue the Building Permit;
Counts III and IV allege violations of the Delaware Freedom... More...
   $0 (01-01-2016 - DE)

Barbara Graff v. Metro Structural Services, Inc. and Duralift Piers, Inc.

Tulsa, OK - Barbara Graff v. Metro Structural Services, Inc. and Duralift Piers, Inc.

1. Plaintiff is an individual who resides in Tulsa County, Oklahoma.
2. Defendant Metro Structural Services, Inc. ("Metro") is an Oklahoma corpn c:.n
that has its principal place of business in Tulsa County, Oklahoma.
3. Defendant Duralift Piers, Inc. ("Duralift") is an Oklaho... More...
   $0 (12-21-2015 - OK)

NATURAL RESOURCES DEFENSE COUNCIL, NORTHWEST ENVIRONMENTAL ADVOCATES, CENTER FOR  BIOLOGICAL DIVERSITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

This case arises from the efforts of the Environmental Protection 
Agency (ʺEPAʺ) pursuant to section 402(a) of the Clean Water Act (the ʺCWAʺ), 
33 U.S.C. § 1342(a), to regulate the discharge of ballast water from ships. 1  A ship 
takes on and discharges ballast water to compensate for changes in its weight 
caused by activities such as loading and unloading c... More...
   $0 (12-20-2015 - )

North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove a... More...
   $0 (12-18-2015 - SD)

North Star Mutual. Insurance. v. KORZAN

On September 19, 2012, Charles Korzan and his brother, Michael
Korzan, (Korzans) were moving hay bales from Charles’s property in Jones County
to his property in Brule County to feed livestock. The weather and crop conditions
were dangerously dry. To transport the hay bales, Michael drove a 1998
International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove a... More...
   $0 (12-18-2015 - SD)

Cameo Bobo v. City of Jackson, Tennessee

This case stems from the demolition of a home formerly located at 425 North Hays Street in Jackson, Tennessee. The home at issue was previously owned by Appellant‟s grandmother, Dorothy Lipson (“Ms. Lipson”). While Ms. Lipson owned the home, its condition deteriorated, and proceedings were initiated in the Environmental Court of the City of Jackson to address the state of the property. On... More...   $0 (12-12-2015 - TN)

Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His
home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once
part of a planned, but never used, industrial park owned by the University of
Delaware. The land was acquired from the University by the State Department of
Natural Resources and Environmental Control (“DNREC”), and ... More...
   $0 (12-01-2015 - DE)

American Homeowner Pres. Fund, LP v. Pirkle

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property *2purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American's constitutional takings claims against the taxing authorities involved in the forecl... More...   $0 (11-28-2015 - TX)

Marshall Dean Smith v. City of Atmore

Marshall Dean Smith has appealed the summary judgment entered by the Escambia Circuit Court ("the trial court") in favor of the City of Atmore ("the City") in Smith's lawsuit alleging claims of negligent design and construction of the City's water-drainage system, negligent maintenance of the City's water-drainage system, continuing trespass, and nuisance. Although I concur to affirm the summary j... More...   $0 (11-26-2015 - AL)

Wyo-Ben, Inc., a Corporation v. Boyd J. Van Fleet

The State of Wyoming issued a gentleman by the name of D.K. Jones a patent for the property involved in this case in 1955. A couple of decades passed before he and his wife (who was on the title by that time) entered into a mining lease which covered their property and some neighboring lands with Wyo-Ben on November 1, 1970. This conveyance is known as the Jones-Manning lease. [¶4] The lease al... More...   $0 (11-19-2015 - WY)

Constance M. Wolfchief v. Oklahoma City Housing Authority

Oklahoma City, OK - Constance M. Wolfchief sued Oklahoma City Housing Authority on an auto negligence theory claiming:

1. Plaintiff is sixty-five (65) years of age and resides in the assisted living eenter known as Shartel Towers.
2. Plaintiff has resided in Shartel Towers for approximately twelve (12) years.
3. Defendant, Oklahoma City Housing Authority, owns and operates the Sna... More...
   $0 (11-18-2015 - OK)

The State of New Hampshire v. Lisa A. Tagalakis Fedor

The defendant, Lisa A. Tagalakis Fedor, appeals her conviction by jury of knowingly keeping or maintaining a common nuisance. See RSA 318-B:16 (2011). On appeal, she argues that the Superior Court (Abramson, J.) erred by denying her motion for judgment notwithstanding the verdict (JNOV), or, in the alternative, to set aside the verdict. We affirm. Viewed in the light most favorable to the Stat... More...   $0 (11-14-2015 - NH)

Valencis v. Nyberg

The defendants David Nyberg and CSM North, LLC (CSM),1 appeal from the judgment of the trial court awarding a prejudgment remedy in favor oftheplaintiffs,StanleyValencis,ACSYS,Inc.(ACSYS), and MIG Ventures, LLC (MIG), in the amount of $1,517,389.40.2 On appeal, the defendants claim that (1) the court improperly granted the application for a prejudgment remedy without taking into account the defen... More...   $0 (10-19-2015 - CT)

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