Charlene Bates Thielenhaus sued City of Tulsa and The Tulsa County Public Facilities Authority on negligence and nuisance theories. ... More...   $0 (01-31-2012 - OK)

Respondent, Kelvin Underwood, applied for a zoning variance in order to complete construction of a detached garage on his property in excess of the size restrictions currently in place by St. Joseph zoning ordinances. The Board of Zoning Adjustment (BZA) denied Underwood’s request, and he sought judicial review in the circuit court, with the city of St. Joseph (City) and the BZA as named respond... More...   $0 (01-17-2012 - MO)

The present case arises from a lease dispute between the landlord plaintiff, Vidiaki, LLC, and the tenant defendant Just Breakfast & Things!!! LLC.1

The plaintiff appeals from the judgment rendered in favor of the defendant after a trial to the court. On appeal, the plaintiff contends that the court erred in (1) ruling that General Statutes § 47a-11 did not apply to commercial tenancies be... More...   $0 (01-10-2012 - CT)

This is an appeal challenging the district court’s ruling that appellants were not the sole prevailing parties in this litigation. We affirm the judgment of the district court.

I.

Factual Background

Robert and Margaret Harvey (Defendants) own 220 acres of farmland on an elevated bluff that is near a section of an irrigation canal owned by the Lower Payette Ditch Company (Pla... More...   $0 (01-05-2012 - ID)

This appeal concerns the proper interpretation of a lease and the interplay with federal regulations, Iowa Code section 562A.27A, and chapter 648 (2009). The district court determined this forcible-entry-and-detainer (FED) cause of action accrued at the time of the tenant’s physical assault or the threat of physical assault upon other tenants. Consequently, the court found the cause of action w... More...   $0 (12-21-2011 - IA)

Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation (“GRC”). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act (“FDCPA”) and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

Ms... More...   $0 (12-21-2011 - CO)

This is an insurance coverage dispute between the County of Boise (the County) and its insurer, Idaho Counties Risk Management Program (ICRMP). ICRMP refused to defend the County in Fair Housing Act (FHA) litigation in federal court, which the County claimed breached its insurance agreement. The district court determined the FHA claims against the County were excluded from the policy and granted s... More...   $0 (11-30-2011 - ID)

This case involves one of the American West’s most iconic wild animals in one of its most iconic landscapes. The grizzly bear (Ursus arctos horribilis)—so named for the gray-tipped hairs that give it a “grizzled” appearance—is both revered and feared as a symbol of wildness, independence, and massive strength. But while grizzlies may inspire some sense of human vulnerability, history has... More...   $0 (11-22-2011 - MT)

We granted certiorari to examine whether the “anti-indemnity” statute found at OCGA § 13-8-2 (b) applies to invalidate an indemnification clause within an assignment and assumption agreement transferring responsibility for the management and operation of a newly developed subdivision to its homeowners’ association. See Newton’s Crest Homeowners’ Ass’n v. Camp, 306 Ga. App. 207 (702 SE... More...   $0 (11-21-2011 - GA)

Appellants City of Bryant and Richard Penn (“the City”) appeal from a jury verdict finding the City liable to the appellees, Edward and Quinn Collins, in the amount of $70,000. On appeal, the City argues that Penn did not have authority to enter into the alleged contract with the appellees and that the city council did not ratify the contract after the fact. We agree with the City and reverse ... More...   $0 (11-16-2011 - AR)

Appellants GCW, L.L.C. and George L. Bush appeal the district court’s dismissal of their lawsuit against the City of Gulfport, Mississippi, and certain unidentified city officials. Appellants claim that the City violated their substantive due process and equal protection rights when it improperly denied their building permit application. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND
... More...   $0 (11-15-2011 - MS)

A party contemplating litigation to enforce the covenants, conditions, and restrictions (CC&Rs) of a condominium project should get the "ducks in a row." That is to say, such party should be ready to go forward procedurally and prove its case substantively. Failure to do so subjects the losing party to an award of attorney fees. Here, a condominium owner, Susan J. Salehi, filed such a suit in prop... More...   $0 (11-14-2011 - CA)

Marshelle Mitchell sued Demetrius Levon Sumlin on an auto negligence theory and Northeast Church of Christ on a respondeat superior theory claiming to have been injured in a car wreck caused by Sumlin that occurred on January 19, 2009 at the intersection of W. Sheridan and Mickey Mantle in Oklahoma City. Plaintiff claimed that Sumlin allowed candy to be thrown from a trailer being pulled by him c... More...   $1 (11-10-2011 - OK)

Connie Newlin, a servient estate holder, appeals a district court ruling that dismissed her petition seeking damages and to enjoin Donald and Ramona Callender (the Callenders), the dominant estate holders, from directing water in their pond onto Newlin‘s property. She further requests that we vacate the district court‘s injunction granted to the Callenders which prevents Newlin from blocking t... More...   $0 (11-09-2011 - IA)

This case requires us to decide whether a federal district court lacks subject matter jurisdiction to determine whether passenger stage corporation drivers are employees or independent contractors under California law. Specifically, we must consider whether such a decision by the district court would hinder, frustrate, interfere with, or obstruct the regulatory authority exercised by the Californi... More...   $0 (11-03-2011 - CA)

[¶1] Edgar E. and Sheryl A. Peters own a parcel of land in Ogunquit that abuts and is uphill from oceanfront property owned by Richard D. O’Leary. This litigation arose because, after a series of disputes with the Peterses, O’Leary planted a row of at least seventy-four trees near the parties’ 125-foot-long boundary, which obstructed ocean views from the Peterses’ newly constructed home. ... More...   $0 (11-01-2011 - ME)

[¶1] Edgar E. and Sheryl A. Peters own a parcel of land in Ogunquit that abuts and is uphill from oceanfront property owned by Richard D. O’Leary. This litigation arose because, after a series of disputes with the Peterses, O’Leary planted a row of at least seventy-four trees near the parties’ 125-foot-long boundary, which obstructed ocean views from the Peterses’ newly constructed home. ... More...   $0 (11-01-2011 - ME)

Jeffrey S. Gananian appeals from a judgment dismissing his cause of action for declaratory relief against former San Mateo County District Attorney James P. Fox. Gananian sought a declaration that Education Code section 15288 required Fox to investigate and prosecute alleged violations of law associated with the expenditure of voter-approved school bond funds. We disagree, and affirm the judgment.... More...   $0 (10-21-2011 - CA)

In September 2006, Appellants sued Energy Transfer Company (ETC) and Burlington Resources Oil & Gas Company, LP (Burlington), alleging numerous causes of action pertaining to the venting of hydrogen sulfide from ETC’s natural gas treating plant, which is near Appellants’ residences. After the trial court denied Appellants’ request for a temporary injunction, the case lay dormant for a year a... More...   $0 (10-21-2011 - TX)

Phillip and Benita Young appeal the trial court’s summary judgment rendered in favor of Emilio and Mary Sanchez, claiming in part that the court had no jurisdiction to grant summary judgment. We affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

This case began in 2003 as a dispute between neighbors Phillip and Benita Young and Emilio and Mary Sanchez over a con... More...   $0 (10-13-2011 - TX)

James Baggett and a group of similarly situated individual landowners (Baggett Group) appeal the district court's decision to affirm the approval by the Board of Douglas County Commissioners (Board) of an island annexation of property to the City of Lawrence (City). The Baggett Group argues the district court erred by permitting the intervention of the developer of the property to be annexed and b... More...   $0 (09-30-2011 - KS)

¶1 Burl Kennedy, Brenda Kennedy, Cody Shores, Burl Colton Kennedy and Joy Kennedy appeal the dismissal of their petition against the Town of Talihina and the Talihina Public Works Authority (collectively, the Town). The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2010, ch. 15, app. 1, and the matter stands submitted without app... More...   $0 (09-28-2011 - OK)

Michael and Barbara Mickel appeal from a final judgment granting permanent injunctive relief to their neighbors, Robert and Mary Norton. We reverse.

This dispute arose when the Mickels installed a six-foot-high vinyl fence along the property line between their home and the Nortons' home. The Nortons sued the Mickels alleging the fence constituted a private nuisance and that it violated thei... More...   $0 (09-23-2011 - FL)

In this appeal from a judgment in a declaratory judgment action, we consider whether the circuit court erred in ruling that a civil complaint filed against The AES Corporation (AES) did not allege an “occurrence” as that term is defined in AES’s contracts of insurance with Steadfast Insurance Company (Steadfast), and that Steadfast, therefore, did not owe AES a defense or liability coverage.... More...   $0 (09-16-2011 - VA)

John and Barbara Weckesser appeal the district court’s denials of their motion for new trial and motion for reconsideration in their suit against Chicago Bridge & Iron and L.G. Barcus & Sons (collectively, the “Appellees”) for private nuisance on multiple grounds. Because we find that these grounds are either not preserved or lack merit, we agree with the district court. Accordingly, we AFFI... More...   $0 (09-16-2011 - MS)