The plaintiff, Linda Pesaturo, appeals an order of the Superior Court (Groff, J.) granting a motion to dismiss by the defendant, Robbin Kinne. We affirm in part, reverse in part, and remand.

The record reveals the following facts. The plaintiff brought a small claims action against the defendant in the Nashua District Court seeking more than $2,000 in damages because two of the defendant’... More...   $0 (02-25-2011 - NH)

Tom Kennedy, individually and on behalf of the estate of Andrew Kennedy, age 11, and James Kennedy, age 10, and Chris Kennedy, age 10, sued Lakes of the Four Seasons on negligence and attractive nuisance theories for the death of Andrew and injuries to James and Chris from an accident on March 11, 2001. The three boys, Tom Kennedy's sons, fell through the ice on a lake owned by Defendant. Andre... More...   $0 (02-25-2011 - IN)

The plaintiff, Peter C. Kores, appeals from the judgment of the trial court awarding him only nominal damages in his successful action against the defendants, Thomas L. Calo and Gail M. Calo. On appeal, the plaintiff claims that the court improperly (1) concluded that Kemp Road in Winchester, also known as Calo’s Way, was a private road, (2) treated the defendants’ motion for articulation and ... More...   $0 (02-18-2011 - CT)

Petitioner Lorenzo Pearson petitions for review of the decision and order of the Secretary of the United States Department of Agriculture, terminating his license to own and exhibit wild animals, issuing a cease and desist order, and imposing civil sanctions in the amount of $93,975, for alleged violations of the Animal Welfare Act, 7 U.S.C. §§ 2131–2159. For the reasons set forth below, the p... More...   $0 (02-17-2011 - MI)

Plaintiff William Ray Costello, pro se, alleged that
23 his First Amendment right to free speech was violated when
24 Defendant Sgt. John Lewis of the Burlington Police
25 Department issued Costello a written warning pursuant to a
26 city noise control ordinance that prohibits “any person to
27 make or cause to be made any loud or unreasonable noise.”
3
1 Burlington... More...   $0 (02-14-2011 - VT)

In dispute in this appeal are the substantive and procedural standards that govern claims for permanent injunctive relief against a private nuisance. A group of homeowners filed suit alleging that a nearby rock quarry had created a nuisance and sought both money damages and a permanent injunction limiting quarry operations. A jury failed to find either that the quarry owner had intentionally creat... More...   $0 (02-11-2011 - )

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...   $0 (02-10-2011 - TX)

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...   $0 (02-10-2011 - TX)

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...   $0 (02-10-2011 - TX)

Appellant, Mirta Zorilla, challenges the trial court’s summary judgment order on attorney’s fees in favor of appellee, The Homeowners of Plazas Del Lago, Inc. (“Homeowners”). In her sole issue on appeal, Zorilla argues that the trial court lacked jurisdiction to grant the Homeowners’ motion for summary judgment on attorney’s fees. We affirm.

I. Background

... More...   $0 (02-10-2011 - TX)

[¶1] This is the second appeal in a dispute between adjacent owners of shorefront land in York Harbor. See Britton v. Dep’t of Conservation (Britton I), 2009 ME 60, 974 A.2d 303. In Britton I, we held that if a wharf extending in front of the tidal flats of adjacent property injures the adjacent landowners’ enjoyment of their riparian rights, the Wharves and Weirs Act, 38 M.R.S. § 1026 (2010... More...   $0 (02-08-2011 - ME)

The City of Cayce ("City") cited Norfolk Southern Railway Company ("Norfolk") for violating a public nuisance ordinance, Cayce, SC, Code § 28-251. The citation was based on the condition of one of Norfolk's bridges that was covered with rust and graffiti. A municipal judge found Norfolk guilty of violating the ordinance. The circuit court reversed based on its determination the ordinance was p... More...   $0 (02-07-2011 - SC)

This case came before the Supreme Court on October 27, 2010, pursuant to an order directing the parties to appear and show cause why the issues in this appeal should not summarily be decided. The defendant, Baird Properties, LLC (defendant or Baird) appeals from: (1) a Superior Court order enjoining the defendant and “its member,” Michael Baird, from harassing the intervenors, James and Lee St... More...   $0 (02-07-2011 - RI)

The City of Kansas City ("the City") appeals a judgment based on a jury verdict awarding compensatory and punitive damages to Melissa Howard for discrimination by the city council ("the council") when it rejected a panel of three Caucasian women nominated for the municipal division of the circuit court because of their race.

The judgment is affirmed.

II. FACTS AND PROCEDURAL HISTORY<... More...   $0 (01-25-2011 - MO)

On an idyllic fall afternoon, a group of youngsters was engaged in the classic American pastime of touch football. Their play was abruptly interrupted when twelve-year-old Austin Hill stumbled and cut himself on a protruding metal post. The plaintiffs filed a complaint for negligence in Providence County Superior Court, alleging that Austin was injured by a dangerous condition on property owned by... More...   $0 (01-22-2011 - RI)

In this case, plaintiff was injured while working at defendant's mill. When plaintiff was released to return to work, defendant refused to reinstate him as required by ORS 659A.043, falsely asserting that he was a "safety risk." A jury awarded plaintiff lost wages of $6,000 and punitive damages of $175,000. On appeal, the Court of Appeals held that the punitive damages award was "grossly excess... More...   $0 (01-06-2011 - OR)

In dispute in this appeal are the substantive and procedural standards that govern claims for permanent injunctive relief against a private nuisance. A group of homeowners filed suit alleging that a nearby rock quarry had created a nuisance and sought both money damages and a permanent injunction limiting quarry operations. A jury failed to find either that the quarry owner had intentionally creat... More...   $0 (01-06-2011 - TX)

This appeal arises from a permanent injunction directed toward several nuisances. Appellants John Hall and Roberta Wagner argue that the injunction was improper because Appellees Karen and Russell Seal failed to prove that they suffered an irreparable injury or lacked an adequate legal remedy. They also argue that the trial court erred by failing to balance the equities of granting injunctive re... More...   $0 (01-05-2011 - TX)

Appellant, the executor of an estate, sued the defendant for allegedly contaminating the decedent’s land and groundwater with toxic chemicals. Among other causes of action, appellant asserted a claim for private nuisance and for allegedly causing the decedent, who had recurring cancer, to fear that his exposure to the chemicals would worsen his illness or cause him to develop a different form o... More...   $0 (01-04-2011 - TX)

During contentious litigation in Minnesota state court, a judge entered an order authorizing the Buffalo–Red River Watershed District (BRRWD) to “clean out” or remove accumulated silt and topsoil from a ditch running next to a road along the length of one of A. R. Minch’s fields. The Minch Family LLLP, Lois A. Minch and trustee Roger J. Minch2 (collectively, Minch) later sued BRRWD, Roger ... More...   $0 (12-15-2010 - MN)

Appellants and cross-appellees Jose L. Elizondo and his wife, Guillermina Elizondo, appeal the trial court’s orders granting summary judgment in favor of appellees and cross-appellants Ronald D. Krist, The Krist Law Firm, P.C., Kevin D. Krist, and William T. Wells (collectively, “the Lawyers”). In six issues, the Elizondos contend the trial court erred in granting the Lawyers’ motions for... More...   $0 (12-14-2010 - TX)

The plaintiff, Selena Brooks, commenced this action against the defendants, Daniel Sweeney, an environmental sanitarian for the health district of the towns of Bloomfield and West Hartford (health district),

1 Stephen Huleatt, Sweeney’s supervisor and director of the health district, and the towns of Bloomfield and West Hartford, after she was arrested, pursuant to General Statutes § 19a... More...   $0 (12-14-2010 - CT)

Appellants and cross-appellees Jose L. Elizondo and his wife, Guillermina Elizondo, appeal the trial court’s orders granting summary judgment in favor of appellees and cross-appellants Ronald D. Krist, The Krist Law Firm, P.C., Kevin D. Krist, and William T. Wells (collectively, “the Lawyers”). In six issues, the Elizondos contend the trial court erred in granting the Lawyers’ motions for... More...   $0 (12-14-2010 - TX)

¶1 Plaintiffs/Appellants Grayhorse Energy, LLC, TLJ Investments, LLC, Singer Bros. LLC, and Pedestal Oil Company, Inc., (collectively, the GrayHorse1 group) seek review of the trial court's order sustaining Defendant/Appellee Crawley Petroleum Corporation's (Crawley) motion to dismiss for lack of subject matter jurisdiction.2 We express no view upon the merits of any element of the GrayHorse grou... More...   $0 (12-10-2010 - OK)

This case arises out of a heavy rain storm in Kansas that caused more than a dozen homes to be flooded with sewage water. Curt and Angie Brockmann and certain other home owners (“Plaintiffs”) initially sued L.P.’s Excavating Inc. (“L.P.’s”) and Shawnee County in Kansas state court seeking monetary damages resulting from the sewage flood of their homes. Shawnee County demanded that L.P.... More...   $0 (12-08-2010 - KS)