This appeal relates to 4.5 miles of a railroad right-of-way in Miami County, Kansas, that has been railbanked and is now operated as a recreational trail. Generally, the issues in this appeal focus on the relationship between and the application of the Kansas Recreational Trails Act (KRTA), K.S.A. 58-3211 et seq., and the National Trails System Act, commonly referred to as the federal "Rails to Tr... More...   $0 (06-10-2011 - KS)

The plaintiffs in this case are former nurses who worked in the health care unit of a privately run jail. They maintain that their employer, defendant CCA of Tennessee LLC (“CCA”), subjected them to racial discrimination and a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. They also allege that their employment relationship ended when... More...   $0 (06-09-2011 - IN)

Robert Barnes (“Barnes.’). The award is the sum of expenses incurred in abating alleged public nuisances, other reasonably incurred expenses and attorney fees. On appeal, defendant argues that the trial court’s award was improper where it was not based on admissible evidence and was grossly excessive because it awarded fees for unnecessary expenses and permitted an improper markup. Defendant... More...   $0 (06-09-2011 - MI)

Plaintiffs Rondigo, LLC and Dolores Michaels operate a farm in Richmond Township, Michigan. In 2006, Richmond Township officials became concerned about composting operations at the farm. Eventually, these concerns led to inspections and regulatory actions by State of Michigan officials and a state court action to prohibit composting at the site. In January 2008, plaintiffs filed a 54-page, six-cou... More...   $0 (06-01-2011 - MI)

Plaintiff Hope DiCampli-Mintz brought this action alleging that she suffered injuries as a result of negligent medical treatment by two physicians working for the County of Santa Clara (County) at its Valley Medical Center (Valley Medical). County moved for summary judgment on the ground that plaintiff‘s delivery of a notice of claim to the Risk Management Department at Valley Medical did not co... More...   $0 (05-26-2011 - CA)

In the Circuit Court for Baltimore City, Kevin Antoine Mitchell, the appellant, sued the Housing Authority of Baltimore City (“HABC”), the appellee, for damages for injuries he allegedly sustained due to childhood lead paint poisoning. The HABC moved for summary judgment on the ground that neither Mitchell nor a representative had satisfied the notice requirements of the Local Government Tort ... More...   $0 (05-25-2011 - MD)

The primary issue in this appeal is whether the City of Lexington, which owned and operated a riverside park that included a low-head dam, owed a duty to warn its invitees of the dangers posed by the dam. We also consider whether the circuit court properly struck claims of gross negligence and willful and wanton negligence.

BACKGROUND

On April 23, 2006, Charles O. Volpe (“Charl... More...   $0 (05-21-2011 - VA)

[¶1] Riverwood Commercial Park, LLC, and Tom S. Freidt (collectively "Riverwood") appealed from a summary judgment dismissing Riverwood's action against Standard Oil Company, Inc. ("Standard") and Tesoro Refining and Marketing Company ("Tesoro"). We conclude the district court did not err in granting summary-judgment dismissal of Riverwood's claims because the court correctly ruled as a matter of... More...   $0 (05-20-2011 - ND)

In Appeal No. 2008AP2550, this court reversed a circuit court order permitting the operation of a firing range on property owned by Central St. Croix Rod and Gun Club, Inc., (the club). We remanded the case to the circuit court with specific directions “to enter a permanent injunction against firearm use at the club property.” Serier v. Central St. Croix Rod & Gun Club, Inc., Appeal No. 200... More...   $0 (05-17-2011 - WI)

Zach McGuire, Debbie Mcguire, Darvin Bentlage, Tish Bentlage, Gregory Harris, Carol Huber, Dale Huber, Kevin Huber, Walter Howrey, Cindy Howrey, Helen Manke and the estate of her late husband, William Manke sued Synergy, Kenoma and Paul Stefan on nuisance and other theories claiming that the Defendants' actions destroyed the value of their properties. Synergy supplied hogs to Kenoma, which raised ... More...   $1950000 (05-13-2011 - MO)

In this case, we consider whether a public school district has governmental immunity for various claims brought by residents of a subdivision in which the school district is planning to build a student agricultural center. We affirm in part and reverse and remand in part.

BACKGROUND

Santa Fe School District [“the District”] is a public school district located in Santa ... More...   $0 (05-12-2011 - TX)

This appeal presents questions regarding the citizen-suit provisions in the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., including when a narrower government enforcement lawsuit may preclude a broader citizen suit, and how the citizen-suit provisions interact with the federalism doctrines of Colorado River and Burford abstention. The district court in this cas... More...   $0 (05-05-2011 - )

In general, the rescue doctrine permits a rescuer to recover for injuries sustained while attempting to rescue a party placed in danger by the defendant's conduct. In this case we conclude that the rescuer cannot maintain negligence claims against defendant because he failed to establish that a duty of care was owed to the rescued party. Aaron M. Tucker and his wife, Jeri Lyn Hawk-Tucker (together... More...   $0 (04-29-2011 - CA)

The plaintiff, Nancy Burton, appeals from the judgment of the trial court dismissing her complaint and denying her application for a temporary restraining order on the ground that the court lacked subject matter jurisdiction. The plaintiff seeks to prevent the defendant, Dominion Nuclear Connecticut, Inc., which owns and operates the Millstone Nuclear Power Station (Millstone) in the town of Water... More...   $0 (04-19-2011 - CT)

This case arose under the district court’s diversity jurisdiction and involves the contamination of a public water supply in Parkersburg, West Virginia. We consider whether the plaintiffs, individuals who consumed the water but have not become ill as a result, demonstrated an injury sufficient to survive summary judgment on certain West Virginia common law tort claims. We also review the distric... More...   $0 (04-08-2011 - WV)

In a case of first impression, we are asked to determine whether a Marvin claim1 based on a decedent‟s promise to leave her cohabitant a life estate in real property is governed by the one-year statute of limitations of Code of Civil Procedure section 366.3, and, if so, whether the doctrine of equitable estoppel can be applied to preclude assertion of section 366.3‟s statute of limitations.2 W... More...   $0 (04-08-2011 - CA)

[¶1] Christopher J. McCormick appeals from the judgment of the Superior Court (Cumberland County, Wheeler, J.), granting Michael D. and Moira Lachance and nine “Back Lot Owners” summary judgment in an action regarding location of an easement. The court determined that because the previous owner of the servient estate did not relocate the easement “on the face of the earth,” the easement w... More...   $0 (04-07-2011 - ME)

The instant case is the latest chapter in the saga of a multi-generational conflict over what the appellants call Brooms Gin Road in Sabine County, Texas.[1] As mentioned in the body of this opinion, issues involving this same road have reached the appellate courts on a previous occasion. The primary issue in this present case is whether Sabine County can be successfully sued in 2003 for damages ... More...   $0 (04-05-2011 - TX)

Marc and Karen Chastain sued Rockford Road, LLC, Louis J. Dorey, Susan L. Dorey, Cox and Perkins Homes LLC, Bella Alexandra Properties LLC, Brett Taylor and Lina Taylor on negligence and other theories including public and pribate nuisance and trespass theories.

The claims made and defenses asserted are not available at this time.... More...   $1 (03-31-2011 - OK)

This case tests the limits of a trial court’s discretionary authority to determine that there is no “prevailing party” under Civil Code section 1717. Here, a landlord brought an unlawful detainer action and sought unpaid rent. The tenant asserted she owed the landlord nothing because there were leaks in the premises. The day before the trial the tenant vacated the premises, so the case went ... More...   $0 (03-29-2011 - CA)

Driving home from a “pasture party” at which she had consumed alcohol, seventeen-year-old Brandi Christina Ross was tragically killed in an automobile accident. The party had been held, without permission, in Henderson County,[1] on a fifty-six-acre tract of land owned by Ryan C. Hoerauf.

Following Brandi’s death, Julie Hyde and Chris Ross, individually and as represent... More...   $0 (03-28-2011 - )

This appeal follows a trial by reference1 of three consolidated cases. The trial court entered judgment against plaintiff Robert Ferwerda, who had been trying to build a home on his vacant lot. He had sued the Bear Creek Planning Committee (the committee) and the individuals who comprised the Bear Creek Valley Board (the board) who he contended inappropriately blocked construction on his lot. He h... More...   $0 (03-25-2011 - CA)

The Venice Beach Boardwalk (the “Boardwalk”), located on the west side of Los Angeles, is world-famous for its free performances and public expression activities. Due to overcrowding, safety concerns, and to promote local businesses in the area, the City of Los Angeles (the “City”) has implemented a number of ordinances aimed at preventing vending on the Boardwalk, including Los Angeles Mu... More...   $0 (03-22-2011 - CA)

In this appeal, we review the circuit court’s dismissal, upon demurrer and pleas in bar, of a property owner’s claims for compensation and damages following the demolition of a residential building by the City of Norfolk.

FACTS

The circuit court dismissed the case below on demurrer and pleas in bar without taking evidence. “Where no evidence is taken in support of a plea in bar... More...   $0 (03-04-2011 - VA)

Defendants appeal a judgment quieting title to a disputed strip of land in plaintiffs and dismissing defendants' trespass counterclaim, raising five assignments of error. We write to address only one of defendants' assignments of error--viz., that the trial court erred in dismissing defendants' counterclaim for trespass against plaintiff Michel on the ground that her intrusion onto defendants' lan... More...   $0 (03-02-2011 - OR)