After purchasing a commercial property in Santa Rosa in 2006, Michael Standefer learned the property was subject to a local ordinance that required him to incur substantial earthquake retrofitting costs. He sued the seller and the seller‘s real estate brokers and property manager—as well as his own broker—for failing to make him aware of the ordinance or its possible application to the prope... More...   $0 (06-08-2012 - CA)

Pending before the Court is a motion filed by Border Demolition & Environmental, Inc., Appellee, to review the sufficiency of security. See Tex.R.App.P. 24.4. We grant the motion and order that the amount of security is increased to include the attorney’s fees award of $78,001.

FACTUAL AND PROCEDURAL SUMMARY

Corral-Lerma filed suit against Border Demolition and i... More...   $0 (05-31-2012 - tx)

Daniel Budreau filed trespass and nuisance claims against Steve and Romy Schmitz; the Schmitzes counterclaimed with a quiet title action and trespass claim against Daniel and his wife, Julie. We affirm the quiet title action because substantial evidence supported that from 1987 until 2009, the four steel posts marking the corners of the Schmitz property were recognized as drawing the boundary line... More...   $0 (05-23-2012 - IA)

{¶ 1} Defendant-appellant, Joseph P. Ebbing (Ebbing), appeals pro se from a decision of the Butler County Court of Common Pleas which declared his property a public nuisance and ordered the demolition of buildings located at 419 and 423 Sycamore Street (rear) Hamilton, Ohio. For the reasons discussed below, we affirm the judgment as modified.

{¶ 2} Plaintiff-appellee, the city of Hamilton... More...   $0 (05-21-2012 - OH)

The plaintiffs are severely disabled California residents. They alleged that “[c]onventional medical services, drugs and medicationsâ€� have not alleviated the pain caused by their impairments. Each of them has therefore “obtained a recommendation from a medical doctorâ€� to use marijuana to treat her pain. This medical marijuana use is permissible under California law, see Cal. Health & Safet... More...   $0 (05-21-2012 - CA)

After a police officer found Alfredo Aragones with a sawed-off rifle, he was arrested for being a felon unlawfully in possession of a firearm. In response to the charge, Mr. Aragones moved to suppress evidence of the gun, claiming it was discovered during an unconstitutional seizure. The district court agreed and granted the motion. The government now appeals that decision, and we reverse.

... More...   $0 (05-18-2012 - NM)

{¶1} Defendant-appellant, Educational Service Center of Cuyahoga County (“ESC�), appeals from the trial court’s judgment denying its Civ.R. 12(C) motion for judgment on the pleadings. For the reasons that follow, we affirm in part, reverse in part, and remand.

I. Facts and Procedural History

{¶2} Plaintiff-appellee, Susan Bouton Schmitt, filed a complaint against Berea City S... More...   $0 (05-17-2012 - OH)

The plaintiffs are severely disabled California residents. They alleged that “[c]onventional medical services, drugs and medications” have not alleviated the pain caused by their

impairments. Each of them has therefore “obtained a recom- mendation from a medical doctor” to use marijuana to treat her pain. This medical marijuana use is permissible under California law, see Cal. He... More...   $0 (05-11-2012 - CA)

Id. 5/14-1(d). The offense is normally a class 4 felony but is elevated t... More...   $0 (05-08-2012 - IL)

Appellant, Paulette Cassel-Hess, appeals from the order entered on March 29, 2011, granting summary judgment to Norman K. Hoffer and Matthew D. Hoffer, d/b/a 4507 Associates (collectively “Appellees�). We affirm in part, vacate in part, and remand.

On October 9, 2009, Appellant instituted the current action by filing a complaint against Appellees. As averred within the complaint, Appell... More...   $0 (05-07-2012 - PA)

This is an interlocutory appeal from the trial court’s denial, in part, of the City of Abilene’s plea to the jurisdiction. Victoria Carter, appellee, brought tort claims as well as consti-tutional claims against the City to recover for water damage done to her property. She also sued to recover payments she made for water bills incurred during the time that water was leaking at her property. ... More...   $0 (05-03-2012 - TX)

Appellant, Jerri Bates, challenges the trial court’s rendition of summary judgment in favor of appellee, Kingspark and Whitehall Civic Improvement Association (“KWCIAâ€�), in KWCIA’s suit against Bates for violations of restrictive covenants. In two issues, Bates contends that the summary-judgment record contains disputed issues of material fact and the trial court’s permanent injunction ... More...   $0 (05-03-2012 - TX)

For over two decades, homeowners at Sumner Hill, an isolated subdivision on bluffs overlooking the San Joaquin River, experienced the privacy of living in a remote, rural location within the confines of a security gate. They also enjoyed unrestricted access to the San Joaquin River on a dirt road within the subdivision known as Killkelly Road. Because Killkelly Road was inside the gated residentia... More...   $0 (05-02-2012 - CA)

The dispositive issue in these consolidated appeals1 is whether an employee of a municipal district established pursuant to General Statutes § 7- 3302 is an employee of the towns comprising the district for purposes of General Statutes § 31-284 (a),3 the exclusivity provision of the Workers’ Compensation Act (act), General Statutes § 31-275 et seq. The named plaintiff, Judy Rettig,4 appeals5 ... More...   $0 (04-24-2012 - CT)

¶1 Appellants Neil and Seth Milner appeal from the District Court for the Nineteenth Judicial District’s grant of a mandatory injunction, abatement, and $10,000 damages to Appellee Gary Olsen (Olsen) for his claims of private nuisance and trespass.

¶2 We restate the issues as follows:

¶3 Issue one: Did the District Court err in determining that Olsen’s claims were not barred b... More...   $0 (04-23-2012 - MT)

Plaintiffs, Bret Miller and Natalie Miller, appeal from the entry of summary judgment in favor of defendant, the City of Wentzville, Missouri, on their inverse condemnation claim to recover damages for cracks in their garage and house foundation, which they alleged had been caused by "street creep," the movement and expansion of the concrete street in the absence of adequate expansion joints.
... More...   $0 (04-17-2012 - MO)

Plaintiff owned and rented the premises located at 4447 S. Huntington Drive, Los Angeles, California, 90032 (the premises). Plaintiff rented the premises to defendant beginning in August 2003. Under the terms of the lease, the agreed-upon rent was $950 per month payable the first day of each month.1 The tenancy was also governed by a Section 8 Housing Assistance Payments (HAP) contract2 and the pr... More...   $0 (04-12-2012 - CA)

Connecticut courts are solicitous of selfrepresented parties when it does not interfere with the rights of other parties. See Watkins v. Thomas, 118 Conn. App. 452, 456, 984 A.2d 106 (2009). Our courts allow self-represented parties some latitude, but that latitude is constrained by our rules of practice; see, e.g., Oliphant v. Commissioner of Correction, 274 Conn. 563, 569–70, 877 A.2d 761 (200... More...   $0 (04-04-2012 - CT)

The sole issue in this certified appeal is whether General Statutes § 52-557n,1 in providing that General Statutes § 13a-1492 affords the exclusive remedy against a municipality for injuries caused by a defect in a road or bridge, precludes a concurrent nuisance claim against a town when the trial court ultimately determines, on summary judgment, that the plaintiff has failed to establish a high... More...   $0 (04-04-2012 - CT)

Perria Babb and others sued Lee County Landfill SC, LLC on an common law nuisance theory claiming that Defendant's operation of landfill near their homes made their lives miserable from the emission of odors. Plaintiffs claimed that Defendant acted recklessly and willfully in allowing ordors to escape from the site. Plaintiffs claimed that it was unpleasant to sit outside, hold cookouts and garden... More...   $2300000 (03-30-2012 - SC)

[¶1] Michael Strong appeals from the judgment of the Superior Court (Knox County, Hjelm, J.) permanently enjoining Strong from engaging in any act that obstructs Robert Stanton’s access to his property from any point along an easement over property owned by Strong. Strong argues that the court improperly granted the permanent injunction because the facts of the case do not support the court’s... More...   $0 (03-29-2012 - ME)

David B Burden and Wilai B Burden provide childcare services in their home in Sarpy County, Nebraska. The Southwind Homeowners Association filed suit against the Burdens, alleging that the childcare services as provided violated several restrictive covenants applicable to the premises and asking that the Burdens be enjoined from providing those services. The district court found that the childcare... More...   $0 (03-16-2012 - NE)

[¶1] Fred D. Gay, Trustee of the Fred D. Gay Revocable Trust, appeals, and Sheila and Scott Dube and Darrell and Lisa Whitney cross-appeal, from a judgment of the Superior Court (York County, Brennan, J.) regarding the ownership, classification, and use of a road and parcel of land in Dayton. Finding no error, we affirm the judgment.

I. BACKGROUND

[¶2] The competing claims giving r... More...   $0 (03-08-2012 - ME)

The plaintiff sued the defendant for sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. The case was tried to a jury, which returned a verdict in favor of the defendant. The plaintiff appeals from the judgment entered by the district court in conformity with the verdict and from the district court’s denial of her motion under Fed. R. Civ. P. 59 for a ne... More...   $0 (03-08-2012 - il)

The trial court granted the City of Lake Forest‟s (the City‟s) request in this nuisance abatement proceeding for a preliminary injunction shutting down Evergreen Holistic Collective‟s (Evergreen‟s) medical marijuana dispensary based on a citywide ban against dispensaries. The trial court determined the City‟s decision not to recognize dispensaries as a permitted property use, and to proh... More...   $0 (02-29-2012 - CA)