The City of Lincoln Center (City) cited Farmway Co-Op, Inc., and Farmway Storage #1, LLC (together "Farmway") for violating municipal noise and nuisance ordinances. The violations arose out of Farmway's operation of a grain elevator facility inside the city limits. After the municipal court convicted Farmway under both ordinances, the district court reversed the convictions, holding the ordinances... More...   $0 (12-20-2013 - KS)

Lanty Wylie and Patricia Wylie appeal the trial court’s orders denying their motion for summary judgment and granting Appellees, Hide-A-Way Lake Club, Inc.’s and Hide-A-Way Lake Community Church’s, respective motions for summary judgment as well as its awards of attorney’s fees to Appellees. The Wylies raise six issues on appeal. We affirm.

BACKGROUND

Hide-A-Way Lake is a res... More...   $0 (12-20-2013 - TX)

We hold in this appeal that conduct can constitute actionable interference with the use and enjoyment of an easement even when the conduct does not physically obstruct the servitude. The easement in question is for ingress and egress to undeveloped lots in the Hollywood Hills. Plaintiff Flora Dolnikov, owner of the dominant tenement, was interrupted during her construction of two residences by def... More...   $0 (12-19-2013 - CA)

Judge. The State of Michigan sued to enjoin the Sault Ste. Marie Tribe of Chippewa Indians from applying to have land taken into trust by the Secretary of the Interior pursuant to the Michigan Indian Land Claims Settlement Act (MILCSA). The Tribe bought land from the City of Lansing, Michigan for the purpose of building a class III gaming facility. To purchase the property, the Tribe used funds ap... More...   $0 (12-18-2013 - MI)

This appeal arises out of the trial court’s granting of special exceptions and subsequent dismissal with prejudice of certain causes of action asserted by appellant

2

Jerilyn Ann Cerda (“Cerdaâ€�), as next friend of Noel Doe (“Noelâ€�), against RJL Entertainment, Inc. d/b/a Club Cheetah (“Club Cheetahâ€�). By one issue, Cerda asserts that the trial court erred in granting Clu... More...   $0 (12-12-2013 - TX)

This appeal arises from a $1.1 million jury award in favor of a terminated employee on a claim of retaliation for the exercise of his First Amendment rights.

A veteran deputy sheriff used pepper spray and physical force to subdue a motorcyclist fleeing from a fellow law enforcement officer. The deputy duly prepared his report of the incident and submitted the report to his superiors, who in... More...   $0 (12-10-2013 - MD)

1. A municipality may terminate a nonconforming use of land in accordance with Minn. Stat. § 462.357, subds. 1d-1e (2012) or Minn. Stat. § 465.01 (2012). But a

2

municipality lacks the authority to terminate a nonconforming use by requiring the property owner to obtain a conditional-use permit to continue the use and then revoking the conditional-use permit. Respondent therefore la... More...   $0 (12-04-2013 - MN)

Michael R. Peacock sued William Steinert, Jr., Hedges Construction Co., Harriet B. Meier, The Harlan D. Meier and Betty L. Meier Family Trust, Dated April 12, 2011 on negligence theories claiming:

1. Plaintiffs are residents of Covington, Garfield County, Oklahoma. Defendants
Steinert and Hedges Construction are also residents of Garfield County, Oklahoma. Defendant
Harriet B. Mei... More...   $0 (12-04-2013 - OK)

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeownersâ€�) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A... More...   $0 (12-04-2013 - FL)

More than 70 residents of a 186-space mobilehome park sued the owner for failing to properly maintain the park’s physical improvements and common facilities, including the park’s sewer system, water pressure, electrical system, and matters related to security such * Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception o... More...   $0 (12-03-2013 - CA)

In December 2011, the City of Live Oak (the City) passed an ordinance prohibiting the cultivation of marijuana for any purpose within the City. Plaintiffs sued, contending the ordinance violated the Compassionate Use Act (CUA) (Health & Saf. Code,1 § 11362.5), the Medical Marijuana Program (MMP) (§ 11362.7 et seq.), equal

1 Further undesignated statutory references are to the Health and... More...   $0 (12-01-2013 - CA)

Dallas Kent and Cindy Jenkins Kent, husband and wife and as parents and next of kin to Joseph Newton Jenkins Kent, decased, sued Derek Moon Thompson, William Charles Birdshead and Helmerich & Payne, Inc. on auto negligence wrongful death theories claiming:

1. Plaintiffs are and were at all relevant times residents of Blackwell, Kay County, Oklahoma.

2. Defendant Derek Moon Thompson (... More...   $0 (11-15-2013 - OK)

On March 22, 2012, plaintiff Paul Hupp filed a complaint against the Freedom Communications Inc., dba The Orange County Register (the Register), alleging that it breached its user agreement with Hupp by failing to remove comments made on their website concerning Hupp.

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The Register responded by filing a special motion to strike (anti-SLAPP) motion under Code of Civil Procedure secti... More...   $0 (11-08-2013 - CA)

Mahayla Silliman sued Teddy Adkins on an intentional infliction of emotional distress and negligence theories claiming:

1. Plaintiff Mahayla Silliman, Date of Birth, November 23, 1993, is an individual and resident of Dripping Springs, Hayes County, in the State of Texas. At the time of the animal attack alleged herein she was a minor and is filing this action before her nineteenth birthd... More...   $1 (11-05-2013 - OK)

In two issues, appellants, G. Christian Corcoran and Peggy Corcoran, challenge the trial court’s summary judgment in favor of appellee, Atascocita Community Improvement Association, Inc. (“ACIA�). We affirm.

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I. BACKGROUND

ACIA is non-profit corporation whose members are certain property owners in Atascocita. ACIA is governed by a board of trustees. ACIA’s purpose is ... More...   $0 (11-05-2013 - )

[¶1] This matter comes before us pursuant to M.R. App. P. 24(c) on report from the Superior Court (York County, Fritzsche, J.). Littlebrook Airpark Condominium Association (“the Associationâ€�) brought this action seeking, among other things, a declaratory judgment clarifying the rights of the parties pursuant to a lease of real property. The reported question concerns the effectiveness of an u... More...   $0 (10-31-2013 - ME)

¶1 We are presented with two consolidated cases. The first is a direct appeal (Appeal) from an injunction entered against Ogden Trece (Trece), a criminal street gang. The second is a petition for

WEBER CO. v. OGDEN TRECE

Opinion of the Court

extraordinary writ (Petition) brought by three alleged Trece members who were served with the injunction.

¶2 Weber County (Count... More...   $0 (10-18-2013 - UT)

This appeal arises from a judgment issued after a bench trial in these two consolidated cases, on a stipulated record, (1) granting declaratory relief at the request of a homeowners association of a common interest development, that an election rule it adopted is valid and enforceable; and (2) denying an owner's request in his small claims case to challenge that rule as inconsistent with the devel... More...   $0 (10-09-2013 - OK)

Bretco, LP sued East Central Oklahoma Electric Cooperative and Gordon Construction Company, Inc. on negligence theories claiming:

1. Plaintiff, Bretco, L.P. (hereinafter “Plaintiff’ or “Bretco�), is a domestic limited partnership orgamzed under the laws of Oklahoma.

2. Defendant, East Central Electric Cooperative (hereinafter “East Central or the “Cooperativeâ€�), is ... More...   $1 (09-26-2013 - OK)

The present dispute requires us to determine the constitutionality of a home-rule city’s ordinance which purports to regulate air pollution within that city’s

2

borders. The BCCA1 Appeal Group, Inc. (the Group), a non-profit organization whose members own and operate industrial facilities in the Houston area, brought suit to enjoin enforcement of two air pollution control ordinan... More...   $0 (08-29-2013 - TX)

Named plaintiffs David Hendleman and Anne Aaronson appeal from the order of the trial court denying their motion for certification of a class of tenants at the Los Altos Apartments in the context of their lawsuit against the landlord. Plaintiffs brought this action alleging the landlord failed to repair and maintain the property in a safe and habitable condition over a period of 10 months, unlawfu... More...   $0 (08-20-2013 - CA)

Under Tenth Circuit Rule 27.1 the United States Court of Appeals for the Tenth Circuit submits to the Supreme Court of Oklahoma this request that the court exercise its discretion under Okla. Stat. tit. 20, § 1602 (1997), to accept the following certified question of Oklahoma law:

Does a written consumer contract for the sale of goods incorporate by reference a separate document entitled â... More...   $0 (08-15-2013 - OK)

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu, and Tzyy-Wen-Hzy (“Appellants�), appealed the determination of the City of San Antonio’s Dangerous Structure Determination Board

04-10-00836-CV

(“DSDBâ€�) that an apartment building was a public nuisance. After the City demolished the building, Appellants amended their pleadings to allege an inverse condemnation takings claim against ... More...   $0 (08-14-2013 - tx)

In this case, we decide whether a civil contempt petition that seeks indemnification damages under MCL 600.1721 imposes “tort liabilityâ€� within the meaning of MCL 691.1407(1) of the governmental tort liability act (GTLA), MCL 691.1401 et seq. Given the Legislature’s use of the common-law term “tort,â€� we hold that “tort liabilityâ€� as used in MCL 691.1407(1) of the GTLA encompasses all... More...   $0 (07-26-2013 - MI)

Masonite Corporation (Masonite) appeals from a judgment denying its petition for writ of mandate to set aside approvals by Mendocino County (County) of the Kunzler Terrace Mine Project (Project) to be developed by Granite Construction Company (Granite; Granite and the County are hereafter referred to collectively as respondents), and the final environmental impact report (EIR) for its Project, for... More...   $0 (07-25-2013 - CA)