Nuisance Law
 
Public Land/Water Access Association, Inc. v. Roger Jones

1 In 2000, Roger Jones purchased approximately 4,900 acres of property in Teton County, Montana, known as Boadle Ranch. Since acquiring the property, Jones has prohibited public use of the two main roads transecting Boadle Ranch. Public Lands/Water Access Association (PLWA), a Montana non-profit membership organization dedicated to promoting access to public-owned lands, has consistently sought to... More...   $410000 (10-19-2015 - MT)

Public Land Assn. v. Jones

Boadle Ranch is an approximately 4,900 acre parcel in Teton County, Montana.
Two roads transect Boadle Ranch—Boadle Road and Canal Road. Boadle Road enters
Boadle Ranch at the east boundary of the property and travels west where historically it
crossed the Sun River Slope Canal (Slope Canal) via Boadle Bridge and intersected with
Canal Road. Canal Road runs northwest to Pish... More...
   $405000 (10-15-2015 - MT)

Michael A. Cerny and Myra L. Cerny, Individually and as Next Friends of Cameron A. Cerny, A Child v. Marathon Oil Corporation, Marathon Oil EF LLC, and Plains Exploration & Producing Company

Michael A. Cerny and Myra L. Cerny, individually, and as next friends of their minor son Cameron A. Cerny (collectively, the Cernys) sued Marathon Oil Corporation1 and Marathon Oil EF, LLC (Marathon), as well as Plains Exploration & Production Company (Plains), for private
1 Marathon Oil Corporation was dismissed from the suit on the ground that it was not the owner or operator of the subject ... More...
   $0 (10-07-2015 - TX)

Natural Resources Defense Counsel v. United States Department of Environmental Protection

Congress created the CWA to limit pollution in the waters of the 
United States.  See 33 U.S.C. § 1251(a) (objective of CWA is to ʺrestore and 
 within 120 days of the issuance of the  VGP, as required under 33 U.S.C. § 1369(b)(1).  Accordingly, this Court has jurisdiction  over the petitions pursuant to section 509(b)(1)(F) of the CWA, 33 U.S.C. § 1369(b)(1)(F). Congress created the ... More...
   $0 (10-07-2015 - NY)

State of New Hampshire v. Exxon Mobil Corporation

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandate the u... More...   $0 (10-04-2015 - NH)

Commissioner of Environmental Protection v. Underpass Auto Parts Co

The primary issue that we must address in this appeal is whether, in an action brought by the Commissioner of Environmental Protection (commissioner)1 pursuanttoGeneralStatutes§ 22a-430(d),2 the trial court, upon finding that any person had caused pollution of the waters of the state, is required to order that person to remediate the effects of the pollution pursuant to applicable standards promu... More...   $0 (10-03-2015 - CT)

Discount Inc., Inc. v. City of Chicago

In 2013 and 2014, Chicago’s De‐
partment of Administrative Hearings determined that the
plaintiff in this case, Discount Inn, Inc., had violated two
City ordinances—the weed ordinance and the fencing ordi‐
nance. The weed ordinance provides that “any person who
owns or controls property within the city must cut or other‐
wise control all weeds on such prop... More...
   $0 (09-28-2015 - IL)

Land Baron Invs. v. Bonnie Springs Family LP

In 2004, appellants Land Baron Investments, Inc., Michael
Chernine, and Robert Black, Jr. (collectively, Land Baron), contracted to
purchase land for $17,190,000 from respondents Bonnie Springs Family
Limited Partnership, Bonnie Springs Management Company, Alan
Levinson, Bonnie Levinson, and April Boone (collectively, Bonnie Springs)
for the express purpose of building a s... More...
   $0 (09-17-2015 - NV)

Bruce Smith v. ConocoPhillips Pipe Line Co.

Phillips 66 (Phillips) owns a petroleum products pipeline which runs through
the town of West Alton, Missouri. After a leak in the line was discovered in 1963,
its source was repaired, but the contamination at the leak site was not remediated. In
2002 contaminants from the leak were discovered in a family residence in West
Alton. Phillips purchased and demolished this property as w... More...
   $0 (09-15-2015 - MO)

DTND Sierra Investments, L.L.C v. CitiMortgage, In

DTND purchased property subject to Citi’s lien at a homeowners’ association foreclosure sale. After Citi initiated foreclosure proceedings, DTND sued it in Texas state court, alleging that it was “depriving [DTND] of the right to cure any default on the property prior to initiating foreclosure proceedings” in violation of the Texas Deceptive Trade Practices Act (“DTPA”) and the Texas Debt Collect... More...   $0 (09-06-2015 - TX)

Steve Balestrieri v. Menlo Park Fire Protection District

This is a firefighters’ overtime dispute.
Firefighters and emergency medical personnel of the
Menlo Park Fire Protection District claim that two of the
District’s policies violate the Fair Labor Standards Act. They
claim entitlement to overtime for taking their gear to
temporary duty stations. And they claim that the District’s
system for paying cash in lieu of unused leave... More...
   $0 (09-04-2015 - CA)

American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
2
purchased 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 th... More...
   $0 (09-03-2015 - TX)

Pegastaff v. PG&E

The PUC is an agency created by the California Constitution to regulate privately owned public utilities such as PG&E. (Cal. Const., art. XII.)
PegaStaff is a division of PegaSoft Corporation, a California corporation, that provides temporary staffing in the fields of information technology and engineering. Mark Arshinkoff, a white male, owns 100 percent of PegaSoft stock.
For nine... More...
   $0 (08-29-2015 - CA)

Animal Legal Defense Fund v. CA Exposition & St. Fairs

On July 18, 2013, plaintiffs filed a complaint asserting a section 526a action against defendants, premised on the theory that defendants waste taxpayer money and staff time by obtaining, transporting, and exhibiting pregnant pigs in violation of sections 597 and 597t. Specifically, plaintiffs alleged as follows:
Plaintiff Animal Legal Defense Fund (ALDF) is a nonprofit charitable organizati... More...
   $0 (08-27-2015 - CA)

Assn. for LA Deputy Sheriffs v. LA Times

According to appellants, the Los Angeles County Office of Public Safety (OPS) used to be a law enforcement agency separate from the Los Angeles County Sheriff’s Department (LASD). In 2010, the County decided to merge OPS into LASD. Apparently, OPS officers who wanted to work for LASD were required to complete application forms for LASD. LASD hired former OPS officers to work as deputy sheriffs.... More...   $0 (08-20-2015 - CA)

Matthew Dueling, et al v. Devon Energy Corporation

Plaintiffs filed their lawsuit within the two-year statute of limitations for nuisance claims,1 but they initially named the wrong defendant. The case lingered on the state court’s docket without activity for more than a year until the state court dismissed the case for want of prosecution. Plaintiffs hired new counsel, and the state court granted Plaintiffs’ unopposed motion to reinstate the case... More...   $0 (08-16-2015 - TX)

Coppinger v. Rawlins

Prior to October 1980, the property in question, consisting of 2.43 acres in Riverside County, California, was owned by John and Nancy Robinson. The property is situated at the intersection of Nance Street and Clark Street in an unincorporated portion of Riverside County.
In October 1980, Robinson subdivided the property into Parcels 1 and 2, and dedicated Lots A through C, comprising thirty... More...
   $0 (08-15-2015 - CA)

Chestnut v. AVX Corporation

Respondent manufactures electronic parts at a plant in North Myrtle Beach, South Carolina. In 1980, respondent began using a chemical called trichloroethylene (TCE)2 as a degreaser to clean machine tools and parts. At some point, TCE escaped respondent's plant and migrated beyond the boundaries of respondent's property, contaminating surrounding properties and groundwater.
In December 1996, ... More...
   $0 (08-09-2015 - SC)

Silva v. Steadfast Insurance Co

Gary P. Silva appeals from the entry of summary
judgment in favor of Steadfast Insurance Company (Steadfast).
In his complaint, Silva claimed that Steadfast violated G. L.
c. 176D, § 3(9), and G. L. c. 93A, §§ 2 and 11, by failing to
effectuate a prompt, fair, and equitable settlement of earlier
litigation arising out of damage to Silva's business caused by a
botche... More...
   $0 (08-09-2015 - MA)

George M. Bishop, et al v. Chappell Hill Service Company, LLC and High Meadows Land & Cattle, LLC

The appellants, George M. Bishop, Doug Bulcao, Senator John Whitmire,
2
Paula Barnett, Marsha W. Zummo, Juan Carlos Lopez de Garcia, Sara English, Antonio Lopez de Garcia, Peter Eischen, Mark Cegielski, Marilyn Sanders, Tom Holy, Robert Stark, D.O., Beth Stark, Maureen Holy, Jack Edwards, and Julie Edwards (collectively, “the Property Owners”), all own property in or around Chappell Hill i... More...
   $0 (07-30-2015 - TX)

Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T... More...   $0 (07-30-2015 - TX)

Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

PREDATOR INTERNATIONAL, INC. v. GAMO OUTDOOR USA, INC.

Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on
behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in the United
States District Court for the District of Colorado against Gamo Outdoor USA, Inc. and
Industrias El Gamo, S.A. (collectively, Gamo). The original complaint alleged patent
infringement and other claims. Whe... More...
   $0 (07-15-2015 - )

SAMUEL R. JAHNKE AND SONS v. BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.

Samuel Jahnke (Jahnke) brought suit against Blue Cross and Blue Shield of Kansas, Inc., due to BCBS's refusal to pay medical bills he incurred for his treatment, including surgery, of a brain tumor. BCBS denied benefits for the medical costs
3
associated with the surgery because the costs had been incurred during the policy's 240day waiting period for the treatment of tumors and growth... More...
   $0 (07-08-2015 - )

LVNV Funding, LLC v. Trice

¶ 1 This appeal comes to us from the circuit court of Cook County, the court having declared sections 4.5, 14, and 14b of the Collection Agency Act (Act) (225 ILCS 425/4.5, 14, 14b (West 2008)) unconstitutional. Following remand from an appellate court decision in which that court held—referencing, inter alia, the Act’s penalty provisions—that “a complaint filed by an unregistered collection agen... More...   $0 (07-01-2015 - )

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher