Nuisance Law
 
City of McAllen, Texas v. Arnaldo Ramirez, Jr.

Arnoldo Ramirez Jr., Raul Romero, Promotions of America, Inc. (“Promotions”), and Nolana Entertainment, Inc. (“Nolana”), brought suit against the City of McAllen for “taking of property without due course of law or compensation” under article 1, section 17 of the Texas Constitution. See TEX. CONST. art. I, § 17 (establishing that “no

2

person’s property shall be take... More...
   $0 (07-18-2013 - TX)

Doe Run Resources Corporation v. Lexington Insurance Company

Doe Run Resources Corporation (“Doe Run”), the largest integrated lead producer in the Western Hemisphere, operates the Sweetwater Mine and Mill near Viburnum, Missouri. Doe Run extracts and crushes ore containing lead and other metals at the mine, processes the crushed ore at a mill near the mine, and either sells the resulting lead concentrate on the world market or transports it by truck to... More...   $0 (06-13-2013 - MO)

Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court’s judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, “the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2

Subdivision, Grimes County, Texas, conveyed three... More...
   $0 (05-30-2013 - TX)

Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court’s judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, “the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2 Subdivision, Grimes County, Texas, conveyed three ... More...
   $0 (05-30-2013 - TX)

General Bell v. Tri-County Republican Transportation District of Oregon

2 The question in this case is whether plaintiff's survival action against a
3 public body must be brought within two years or three years of the alleged injury. Either
4 of two statutes supplies the answer. On the one hand, ORS 30.275(9) provides that,
5 "notwithstanding any other * * * statute providing a limitation on the commencement of
6 an action," a tort action against a pub... More...
   $0 (05-16-2013 - OR)

National Amusements, Inc. v. The Borough of Palmyra

In 2008, the Borough of Palmyra (“Palmyra”) ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. (“NAI”), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra’s action violated its constitut... More...   $0 (05-14-2013 - NJ)

James & Elizabeth Carlson, Et Al v. City of Houston

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

2

and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w... More...
   $0 (05-02-2013 - TX)

Joseph and Jamie Schwartzott v. Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c... More...   $0 (05-02-2013 - TX)

The People v. Rico Lyntice Riley

The People of the State of California charged Rico Lyntice Riley, age 31, with multiple sexual assault charges, including rape and tying up the female victim.

The woman was assaulted by Riley and one of her friends after she refused Riley's sexual advances, according to a Sacramento County District Attorney's Office news release. The friend eventually left the woman's apartment, but Rile... More...
   $0 (04-19-2013 - CA)

Harold Haggerty v. Hoosier Energy Rural Electric Cooperative, Inc.

Hoosier Energy owns and operates an electric generation facility known as the Merom Generating Station (“Station”), located in Sullivan County, Indiana. Hoosier Energy entered into a contract with C&K Industrial Services (“C&K”), Haggerty’s employer. Hoosier Energy retained C&K to provide vacuuming, jetting and hydro blasting services at the Station as needed. One of these occasions was ... More...   $0 (04-10-2013 - IN)

Robert Hamilton v. Jerry Ablitar

Robert Hamilton appeals a small claims court judgment finding him personally liable to Jerry Ablitar for damages to Ablitar’s property stemming from Hamilton’s logging activities on an adjacent tract and his unlawful trespass on Ablitar’s property. The small claims court awarded Ablitar $6000 in damages, the maximum jurisdictional amount. In this appeal, Hamilton challenges the small claims ... More...   $0 (04-09-2013 - IN)

Nancie J. Cloe v. City of Indianapolis

Nancie J. Cloe started working for the City of Indianapolis in April 2007. In March 2008, she was tragically diagnosed with multiple sclerosis (“MS”), a chronic, incurable neurological disorder that rendered her disabled and significantly impaired her day-to-day life. On June 29, 2009, the City terminated her, ostensibly for poor performance. Cloe sued under the Americans with Disabilities Act... More...   $0 (04-09-2013 - IN)

Paul Marinaccio Sr. v. Town of Clarence

Paul Marinaccio Sr., age 65, sued the Town of Clarence, New York and Kieffer Enterprises, Inc. on negligence theories claiming that runoff from a Kieffer's development turned his property into a wetland occupied by frogs, of which he was terrified, making him a prisoner in his own home.

Plaintiff commenced this action asserting causes of action for, inter alia, trespass and private nuisan... More...
   $1600000 (04-08-2013 - NY)

Conejo Wellness Center, Inc. v. City of Agoura Hills

Appellant Conejo Wellness Center, Inc. (Conejo) is located in the City of Agoura Hills. Conejo is a California cooperative corporation that operates as a nonprofit collective engaged in the distribution of medical marijuana to its members. Respondent is the City of Agoura Hills (Agoura).

In the court below, Conejo filed a complaint which sought injunctive and declaratory relief against Agou... More...
   $0 (03-29-2013 - CA)

Michael W. Meade v. 823 Properties, LLC

Michael W. Meade sued 823 Properties, LLC on a personal tort theory claiming:

1. Plaintiff, Michael W. Meade (“Meade”), is the owner of record of Lot 28 in Block One (1), of FLOYD ADDITION, a subdivision of Norman, Cleveland County, Oklahoma (“Lot 28” of “Floyd Addition”). According to professional surveys, the southern most boundary line fence for Lot 28 crosses into the plat... More...
   $1 (03-28-2013 - OK)

Tulsa Shoe Rebuilders, LLC v. Tulsa Parking Authority

Tulsa Shoe Rebuilders, LLC sued the Tulsa Parking Authority; American Auto Parks, LLC; Phoenix Rising, Inc. and Subway Real Estate Corporation on negligence theories claiming:

1. Plaintiff is an individual doing business in Tulsa County, Oklahoma.

2. Defendant Tulsa Parking Authority (hereinafter TPA) is a public authority authorized by Oklahoma statutes. American Auto Parks, L.L... More...
   $1 (03-22-2013 - OK)

Simona Wilson v. Southern California Edison

Simona Wilson sued Southern California Edison on a negligence theory claiming to have been repeatedly shocked in her home by stray electricity.

She claimed to have sustained nerve damage when electricity pulsed through her showerhead and left her4 with nerve damage in her hand and feet.

Defendant denied wrongdoing.

Plaintiff's home was originally built by the defendant... More...
   $4000000 (03-20-2013 - CA)

Tom Gregory v. Mark Shurtleff

¶1 Appellants brought suit to enjoin the enforcement of a law, claiming that the law violated the state constitution in four respects. The district court dismissed the first two claims and rejected the second two claims on summary judgment. On appeal, we consider whether Appellants had standing to bring these claims in the first place. We hold that, although they lacked the personal injury requir... More...   $0 (03-19-2013 - UT)

Kyle West v. Christopher Mansfield

Kyle West sued Christopher Mansfield and Mr. Ed's Auction Company, Inc. on a negligence theory claiming:

1. Kyle West is an individual living within Tulsa County, State of Oklahoma. Defendant, Christopher Mansfield (“Mansfield”), is an attorney having offices in Tulsa County, Oklahoma. J. Edward Vierheller (“Vierheller”) is an individual and principal owner of Mr. Ed’s Auction C... More...
   $1 (03-18-2013 - OK)

Northern Natural Gas Company v. ONEOK Field Services Company, LLC

In this conversion action, Northern Natural Gas Company (Northern) claims ONEOK Field Services Company, L.L.C., ONEOK Midstream Gas Supply, L.L.C. (collectively ONEOK), Lumen Energy Corporation, and Lumen Midstream Partnership, LLC (collectively Lumen) wrongfully converted natural gas by purchasing gas from two producers, Nash Oil & Gas, Inc. (Nash) and L.D. Drilling, Inc. (L.D.), which operated w... More...   $0 (03-18-2013 - KS)

James J. Flanagan Shipping Corporation v. Del Monte Fresh Produce, N.A., Inc.

James J. Flanagan Shipping Corporation appeals the trial court’s rendition of a take nothing judgment on its claims against Del Monte. Flanagan sued Del Monte and other defendants for breach of fiduciary duty, knowing participation in a breach of fiduciary duty, conspiracy, conversion, unjust enrichment, unfair competition, and accessing proprietary and confidential business information. After s... More...   $0 (03-12-2013 - TX)

Gary Goforth v. Custom Homes Leasing, LLC

Gary Goforth and Karen Goforth, individually and on behalf of their minor child, sued Custom Homes Leasing, LLC and Nancy L. Anderson on negligence theories claiming:

1. The Plaintiffs are residents of Oklahoma County.

2. CHL is an Oklahoma limited liability company, with its principal place of in Oklahoma County.

3. The cause of action arose in Oklahoma County.

... More...
   $0 (03-06-2013 - OK)

After the February 12, 2009 crash of Continental Connection Flight 3407 on approach to Buffalo-Niagara International Airport, plaintiff-appellant County of Erie, New York (“the County”) sued defendants-appellees Colgan Air, Inc., Pinnacle Airlines Corp., and Continental Airlines, Inc. (collectively “defendants”) to recover its expenditures in responding to, and cleaning up after, the accid... More...   $0 (03-04-2013 - )

Keith Redburn v. Charmelle Garrett

By two issues, appellant, Keith Redburn, appeals the trial court’s order (1) granting a plea to the jurisdiction filed by appellees, Charmelle Garrett, individually and as the City Manager of the City of Victoria, Texas (“the City”), Lynn Short, individually and as the Director of Public Works for the City, and the City, and (2) dismissing appellant’s claims against appellees with prejudic... More...   $0 (02-28-2013 - TX)

Albert Clatterbuck v. City of Charlottesville

This case presents the question of whether a municipal ordinance, which prohibits individuals from soliciting immediate donations near two streets that run through the Downtown Mall in Charlottesville, Virginia, unconstitutionally restricts the free speech of individuals who regularly beg on the Downtown Mall. We hold that the district court erred by resolving this issue at the pleadings stage, an... More...   $0 (02-21-2013 - VA)

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