Nuisance Law
 
LVNV Funding v. Matthew 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
unre... More...
   $0 (07-01-2015 - IL)

Merilyn Cook v. Rockwell International Corporation and DOW Chemical Company

Harnessing nuclear energy is a delicate business. So is the statute before
us. Originally passed in the 1950s in an era captivated by the promise of nuclear
power and amended in the 1980s in the aftermath of the Three Mile Island
meltdown when prevailing public sentiment was perhaps less sanguine, the Price-
Anderson Act seeks both to promote the private nuclear energy industry and... More...
   $0 (06-23-2015 - CO)

Richard Moss v. LaFortune Properties, LLC

Tulsa, OK - Richard Moss sued LaFortune Properties, LLC on a premises liability (negligence) theory claiming:

1. Richard Moss, (“Mr. Moss”) at all times relevant hereto, is an individual residing in Tulsa, Tulsa County, Oklahoma.
2 LaFortune Properties LLC is a domestic limited liability company incorporated in
Oklahoma and was the owner of Magnolia Manor at 4747 S. Darlington... More...
   $1 (06-17-2015 - OK)

EQ Oklahoma, Inc. v. A Clean Environment Co.

1 A Clean Environment Company (ACE) appeals the trial court's September 13, 2013, order awarding it and EQ Oklahoma, Inc. (EQ) an attorney's fee. Based upon our review of the record and applicable law, we affirm in part, reverse in part, and remand with instructions.

FACTS

2 EQ and ACE are companies that process hazardous waste materials. In 2010, EQ purchased an industrial sol... More...
   $0 (06-10-2015 - OK)

Erinn Foster, Matt Steward and Leah Foster v. Terry Butts

Norman, OK - Erinn Foster, Matt Steward and Leah Foster sued Terry Butts on personal tort theories claiming:

1. The acts complained of herein occurred on and after December 3, 2013, at 4733 and 4737 Forest Hills Dr., within the City of Noble, County of Cleveland, State of Oklahoma.
2. The defendant is the owner of a vicious pit bull terrier which he harbors and owns at 4733 Forest Hil... More...
   $45000 (06-10-2015 - OK)

Lilli Shoen v. Juliet Zacarias

A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in exchange for paying damages, but only if, among other things, the hardship on the trespasser in ceasing the trespass is “greatly disproportionate” to the hardship on the land’s owner in losing use of the trespassed-upon portion of her land. (E.g., Tashakori v. Lakis (2011) 196 Cal.... More...   $0 (05-22-2015 - CA)

Alberto R. Garza and Leticia I. Garza, Individually and as Next Friends of Alexandra I. Garza and Kassandra R. Garza v. Melden & Hunt, Inc.

Appellants, Alberto R. Garza and Leticia I. Garza, individually and as next friends
of Alexandra I. Garza and Kassandra R. Garza (“the Garzas”), challenge the trial court’s
2
summary judgment in favor of appellee, Melden & Hunt, Inc. (“Melden”), a surveying and
engineering firm. We affirm.
I. BACKGROUND
The underlying dispute arose as a result of flooding at the G... More...
   $0 (05-07-2015 - TX)

Eric Walker v. Builddirect.com

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when the c... More...
   $0 (05-05-2015 - OK)

Eric Walker v. Bouilddirect.com

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, Okla. Stat. tit. 20, §§ 1601-1611 (2011):

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled "Terms of Sale" available on the seller's website, when the c... More...
   $0 (05-05-2015 - OK)

Neil Donner And Kiyomi Donner v. James M. Blue

Homeowners Neil and Kiyomi Donner appeal an order for summary
judgment dismissing their breach of easement, negligence, nuisance, and trespass
claims against neighboring homeowners for damages to their residence resulting from a
clogged private sewer line shared by the parties. They argue the trial court erred when
71441-4-1/2
it dismissed their claims because respondent James ... More...
   $0 (04-23-2015 - )

Jan J. Golnick v. Jack W. Callender

Jan J. Golnick appeals from the district court’s judgment in his negligence action against Jack W. Callender. Callender amended his answer to admit that he was negligent in causing the vehicle accident that injured Golnick. Thereafter, the court sustained Callender’s motion to preclude evidence of his negligence at trial. The court also denied Golnick’s request to amend his complaint to alle... More...   $0 (03-20-2015 - NE)

Tabitha Becker v. Hoodoo Ski Bowl Developers, Inc. d/b/a Hoodo Ski Area

Plaintiff Becker, who was injured by a chair lift at
Hoodoo’s ski area, brought this negligence action against
defendant Hoodoo Ski Bowl Developers, Inc. (Hoodoo).
Hoodoo filed a motion for summary judgment, arguing that
it was entitled to the affirmative defense of release, and
Becker filed a cross-motion for partial summary judgment,
arguing that the release was unenfor... More...
   $0 (03-18-2015 - OR)

RICK WOOD v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

We issued an opinion in this case on December 30, 2014, affirming the trial court’s judgment. Appellant, Rick Wood, subsequently filed a motion for rehearing. Without changing our previous disposition, we deny the motion for rehearing,
2
withdraw our earlier opinion and associated judgment, and issue this substitute opinion and judgment in their stead.
This is an appeal from a Travis... More...
   $0 (03-05-2015 - TX)

Tract 19051 Homeowners Association v. Maurice Kemp

The issue before us in this case is the validity of an attorney fee award granted in favor of defendant homeowners under former section 1354, subdivision (c), of the Civil Code, a provision of the Davis-Stirling Common Interest Development Act (hereafter the CID Act).1 The CID Act applies to
1 In 2012, subsequent to all of the lower court proceedings in this matter, the CID Act was recodified.... More...
   $0 (03-05-2015 - CA)

Ryland Meews Homeowners Association v. Ruben Munoz

In this dispute between defendant Ruben Munoz and plaintiff Ryland Mews Homeowners Association (HOA or Association), plaintiff obtained a preliminary injunction requiring Munoz to remedy the unauthorized modification of the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contends that the superior court improperly balanced the prospective ... More...   $0 (02-20-2015 - CA)

Crystal Ridge Homeowners Association v. City of Bothell

We must decide whether the city of Bothell assumed
responsibility for maintaining a drainage pipe installed in Crystal Ridge, a residential
subdivision in Snohomish County. Crystal Ridge was developed from two residential
plats that Snohomish County approved in 1987. The area became incorporated into
the city of Bothell (City) in 1992. One of the plats contained a drainage easement... More...
   $0 (02-12-2015 - WA)

Jennifer Ghigliotti v. Jimmy E. Smith

Jennifer Ghigliotti and Chris Ghigliotti sued Jimmy E. Smith, Joe Carey and Elizabeth Carey seeking damages claiming:

1. Plaintiffs own and live in a house located at 1525 S.E. 6th Street in Moore, OK.
2. Several months ago, Plaintiffs neighbors (Defendants Joe Carey and Elizabeth Carey, hereinafter “The Careys”) sued Plaintiffs over a dispute over a fence the properties share, SC... More...
   $0 (02-11-2015 - OK)

State of Oregon v. Gregory James Tegland

Defendant appeals a judgment of conviction for one
count of possession of methamphetamine, ORS 475.894,
and one count of erecting a structure on a public right of
way, in violation of Portland City Code (PCC) 14A.50.050.
He assigns error to the trial court’s denial of his motion to
suppress evidence found after a police officer lifted a tarp to
defendant’s makeshift she... More...
   $0 (02-11-2015 - OR)

Kitsap County v. Kitsap Rifle and Revolver Club

The Kitsap Rifle and Revolver Club appeals from the trial court' s decision
following a bench trial that the Club engaged in unlawful uses of its shooting range property.
Specifically, the Club challenges the trial court' s determinations that the Club had engaged in an
impermissible expansion of its nonconforming use; that the Club' s site development activities
violated land use ... More...
   $0 (02-10-2015 - WA)

Simona Wilson v. Southern California Edison Company

Defendant Southern California Edison Company (Edison) appeals from a judgment following a jury trial in which the jury found in favor of plaintiff Simona Wilson on her claims for intentional infliction of emotional distress (IIED), negligence, and nuisance, and awarded her $1,050,000 in compensatory damages and $3 million in punitive damages. All of her claims are based upon her allegation that Ed... More...   $0 (02-09-2015 - CA)

Matthew Raymond Allen v. City of Sacramento

Plaintiffs challenge a City of Sacramento (City) ordinance. Among other things, they assert the ordinance is unconstitutional both on its face and as applied to them. We will reverse a portion of the trial court’s order sustaining the City’s demurrer. Although plaintiffs fail to meet their appellate burden on most of their claims, they state a cause of action for declaratory relief asserting a... More...   $0 (02-06-2015 - CA)

Cassidi Pease v. Town of Fairfax

Cassidi Pease used the Town of Fairfax on negligence and nuisance theories claiming that she was injured and damages as a result of a sewer backup into her property.... More...   $48000 (02-06-2015 - OK)

Jana Clark v. PFPP Limited Partnership d/b/a Planet Dodge

Janet Clark purchased a pickup truck from Manuel Santoy that she later discovered had been stolen from PFPP Limited Partnership d/b/a Planet Dodge (Planet Dodge). Clark lost both the pickup truck and the $22,000 she paid to Santoy. Clark sued Planet Dodge, along with a number of other defendants. As relevant to this appeal, Clark sought to recover from Planet Dodge the $22,000 she paid to Santoy, ... More...   $0 (02-05-2015 - TX)

Wendell E. Bennett, Jr. v. Ronald S. Hill

¶1 Wendell Bennett, Jr., Kathryne Bennett, Karla Lange, Schneiter Enterprises, LTD,
and Roger F. Dallner Trust (“Appellants”) appeal from the orders of the Montana Thirteenth
Judicial District Court, Yellowstone County, granting summary judgment and ordering
attorney fees in favor of Ronald Hill, Specialized Construction, Inc., Ronald S. Hill, LLC,
and Lake Hills Golf, LLC (... More...
   $0 (02-03-2015 - MT)

Chuck O'Dell v. Murphy Resources, Inc., Larence Smith and Lori Smith

Chuck O'Dell v. Murphy Resources, Inc., Larence Smith and Lori Smith

Issue # 1.
Issue: PROFESSIONAL NEGLIGENCE (PROFNEG)
Filed by: ODELL, CHUCK
Filed Date: 12/24/2008
Party Name: Disposition Information:

Defendant: MURPHY RESOURCES INC
Disposed: DISMISSED - WITH PREJUDICE, 09/30/2013. Dismissed- Settled.

Defendant: SMITH, LAWRENCE
Dispos... More...
   $1 (12-15-2014 - OK)

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