This case involves a tragic turn of events, which left one man, Grover Bressert, Sr., dead, after being fatally stabbed by Marcelino Lasalle at the Rand Lodge, a rooming house, in Groton. The plaintiff Ann Swanson, acting as the administratrix of the estate of Grover Bressert and as the mother and next friend of the minor children of herself and Bressert,1 appeals from the summary judgment of the ... More...   $0 (09-07-2009 - CT)

Michael and Jonelle Gideo appeal a summary judgment dismissing their nuisance claim against the City of Cumberland. The basis for their claim was a sewer backup into their basement. The Gideos argue the circuit court erred when it concluded the City was not liable because it had no notice of the blockage that allegedly caused the backup. We affirm.

BACKGROUND

¶2 On Februar... More...   $0 (09-01-2009 - WI)

Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (“the Association”), Azadeh Kaider (“Azadeh”), Brian Kaider (“Brian”), Lourdes Sandoval (“Lourdes”), and Santiago Sandoval (“Santiago”).1 The individual appellees are past and present members of the Association’s Board of Directors. Th... More...   $0 (08-31-2009 - MD)

This case addresses unsolicited commercial e-mail, more commonly referred to as “spam.”1 While ignored by most and reviled by some, spam is largely considered a nuisance and a source of frustration to e-mail users who, at times, must wade through inboxes clogged with messages peddling assorted, and often unwanted, products and services. The rising tide of spam poses an even greater problem to ... More...   $0 (08-08-2009 - WA)

Class action litigation in Michigan is governed by the Michigan Court Rules, and MCR 3.501(A)(1) specifically sets forth the prerequisites for class certification. These prerequisites are often referred to as numerosity, commonality, typicality, adequacy, and superiority.1 In this case we consider the proper analysis a court must conduct when determining whether the prerequisites for class certifi... More...   $0 (07-31-2009 - MI)

The Texas Religious Freedom and Restoration Act (TRFRA), Tex. Civ. Prac. & Rem. Code ch. 110, prevents the state and local Texas governments from substantially burdening a person’s free exercise of religion unless the government can demonstrate that doing so furthers a compelling governmental interest in the least restrictive manner. In this case, we must decide if the city of Euless, Texas, may... More...   $0 (07-31-2009 - TX)

In this appeal, we hold that as long as the requirements of Section 1247(d) of the National Trails System Act are met, a railroad right-of-way is “railbanked” regardless of whether the rail operator agrees to resuscitate service. Accordingly, we affirm the Superior Court’s decision below.

Railbanking is the preservation of an easement that was previously used as a rail thoroughfare by... More...   $0 (07-30-2009 - PA)

We consider in this appeal the scope and enforceability of exculpatory provisions in a form contract of a fitness club. In that non-negotiable agreement, the club disclaimed liability for "all injuries which may occur" as a result of, among other things, its member's "use of all amenities and equipment," his or her "participation in any activity," "the sudden and unforeseen malfunctioning ... More...   $0 (07-29-2009 - NJ)

Plaintiff Amanda Laabs was a passenger in a car that collided with another car in an intersection and then struck a light pole installed and owned by defendant Southern California Edison Company (SCE). Laabs sued various parties, including SCE and Edison International (Edison), for damages. Relative to SCE and Edison, Laabs alleged that these defendants were negligent and proximately caused her in... More...   $0 (07-20-2009 - CA)

In 2005, appellant City of West St. Paul entered into an abatement plan with respondent Alice Krengel following multiple incidents of public nuisance activity at her home. Although there was no further nuisance activity, Krengel did violate the abatement plan. Based on the abatement plan violations and the prior nuisance activity, the City sought an injunction in 2006 that would bar Krengel from o... More...   $0 (07-16-2009 - MN)

This is an appeal from a summary judgment in favor of the trustee of a testamentary trust in a breach of fiduciary duty case. Appellant Constance Laura Bordages Freuden raises four issues for our consideration. We affirm.

Background

The will of the testatrix, Maria Bordages, was admitted to probate on August 16, 1994. Maria acknowledged in her will that she had thirteen children, an... More...   $0 (07-16-2009 - TX)

Tent City 4 is a movable encampment of

homeless people in the Puget Sound area sponsored by nonprofit Seattle

Housing and Resource Effort/Women's Housing Equality and Enhancement

Project (Share/Wheel). The encampment houses approximately 60-100

people and moves from place to place every 90 days. It relies on property

owners to volunteer sites and in 2006 a... More...   $0 (07-16-2009 - WA)

In 2006, the City of Minneapolis (the “City”) amended its taxicab ordinance to uncap the number of transferable taxicab licenses it issues, thereby opening a previously restricted market. The Minneapolis Taxi Owners Coalition (the “Coalition”), a group comprising holders of approximately seventy-five transferable taxicab licenses, sued the City, asserting federal and state constitutional v... More...   $0 (07-14-2009 - MN)

Hot Rod Hill Motor Park is a race track located on Roger Deewayne Brown’s property. Donmichael Lucas Triolo sued Brown and Hot Rod Hill (hereinafter “Brown”), alleging that the track constitutes a nuisance. A jury found that the track constitutes a nuisance, and the trial court entered a final judgment permanently enjoining Brown from conducting any races of motorized vehicles for either c... More...   $0 (07-08-2009 - TX)

[¶1] Lakeside at Pleasant Mountain Condominium Association (Lakeside) appeals from judgments entered in the Superior Court (Cumberland County, Warren, J.) involving an easement on Lakeside’s property that provides Shawnee Peak Holdings, Inc. (Shawnee Peak) access to a swim float on Moose Pond.

[¶2] First, pursuant to M.R. Civ. P. 80B, Lakeside appeals a judgment of the Superior Court ... More...   $0 (07-07-2009 - ME)

Rachel Hall appeals the trial court’s grant of partial summary judgment in favor of the ContiGroup Companies, Inc., et al., on certain of her nuisance claims. Everett and Cindy Peters, co-plaintiffs with Rachel Hall, also contest two of the trial court’s evidentiary rulings in the jury trial of their nuisance claims. The ContiGroup Companies have filed a cross-appeal that is contingent on any ... More...   $0 (07-07-2009 - MO)

Real party in interest David Williams is a qualified medical marijuana patient who uses marijuana upon the recommendation of his physician. Williams belonged to a seven-member collective of medical marijuana patients who agreed to contribute comparable amounts of money, property, and labor to the collective cultivation of marijuana; each then would receive an approximately equal share of the marij... More...   $0 (07-01-2009 - CA)

In this dispute between adjoining landowners, Defendants-Appellants Greg and Lisa Corson appeal from a judgment entered on a jury verdict in favor of Plaintiff-Respondent Tim Atkinson. Atkinson cross-appeals the trial court‟s grant of a directed verdict in favor of Greg Corson on Atkinson‟s punitive damages claim based on Mr. Corson‟s alleged violation of the rule of reasonable use of surfac... More...   $0 (06-30-2009 - MO)

The plaintiffs, a couple named Cunningham, appeal from the dismissal, on the defendants’ motion for summary judgment, of a suit for common law nuisance. Jurisdiction is founded on diversity of citizenship. Indiana law would govern the substantive issues if there were any—but the only issues presented by the appeal are procedural.

From 1986 to the beginning of 2004, the plaintiffs operat... More...   $0 (06-24-2009 - IN)

The Texas Religious Freedom Restoration Act (TRFRA) provides that “a government agency may not substantially burden a person’s free exercise of religion [unless it] demonstrates that the application of the burden to the person . . . is in furtherance of a compelling governmental interest [and] is the least restrictive means of furthering that interest.”1 TRFRA does not immunize religious con... More...   $0 (06-19-2009 - TX)

This appeal concerns the existence and scope of an easement to use a lakeside tract on Lake Travis as a recreation and private park area. Craig and Sheila Nickels, the owners of the lakeside tract and other land in the subdivision Travis Peak Estates, appeal the district court's judgment in favor of appellees who are property owners and residents in the subdivision. (1) The district court declared... More...   $0 (06-18-2009 - TX)

[¶1] Robert W. Britton and Eleanor F. Britton appeal from a judgment of the Superior Court (York County, Brennan, J.) denying their request for equitable relief and damages for what they allege to be an infringement of their riparian rights by their neighbors, Daniel P. Donnell and the Trustees of the Donnell Realty Trust (Donnells), who own and operate two wharves, one of which extends forty-eig... More...   $0 (06-18-2009 - ME)

Carol Paselk, proceeding pro se, (1) appeals the final judgment awarding $100,000.00 in attorney's fees to David and Pat Rabun. Paselk and Reynolds filed suit August 23, 2005, against the Rabuns for negligence, nuisance, trespass, gross negligence, and negligence per se. Paselk and Reynolds alleged the dairy farm owned and operated by the Rabuns discharged approximately "90,000 gallons of thick, ... More...   $0 (06-16-2009 - TX)

“Residents” participating in accredited graduate medical education programs receive substantial payments (called stipends) from the Mayo Foundation for Medical Education and Research (“Mayo”) and the University of Minnesota (the “University”) for medical and patient care services provided by the residents at affiliated and unaffiliated hospitals and clinics. The difficult issue in thes... More...   $0 (06-12-2009 - MN)

In September 1999, third-party defendant Janus Industries, Inc., as part of a project undertaken by defendant New York City Transit Authority, began excavation work between 59th Street and 60th street on the west side of Third Avenue in Manhattan. In the course of the work, Janus cut a working drainpipe that ran down from plaintiff Bloomingdales, Inc.'s roof, believing it to be a "dead" water main... More...   $0 (06-11-2009 - NY)