Michael Cohn appeals from summary judgment granted in favor of Corinthian Colleges, Inc. (Corinthian), and Angels Baseball LP (the Angels). He contends the Angels’ Mother’s Day tote bag giveaway violated the Unruh Civil Rights Act. (Civ. Code, §§ 51, 52; hereafter the Unruh Act.)1 We disagree and affirm the judgment.

As we will explain, the Unruh Act protects against intentional discr... More...   $0 (12-19-2008 - CA)

After a trial before a jury on her takings claim under article I of the Texas Constitution, Heather Stewart obtained a judgment against the City of Dallas for the demolition of a residential structure she owned. The City appeals, arguing the case should never have been presented to the jury because the doctrine of res judicata bars Stewart's takings claim as a matter of law. For the reasons that f... More...   $0 (12-15-2008 - TX)

In this fact-bound interlocutory appeal, Captain John Gonzales appeals the district court’s denial of his motion for summary judgment as to six claims against him, each originating in events that transpired during an antiwar rally at the University of New Mexico (“UNM”). Captain Gonzales raises six challenges to the district court’s order: the district court erred when it denied summary ju... More...   $0 (12-09-2008 - NM)

Liberty Building Corporation (Liberty) and its owners appeal from the district court’s order finding that the property purchased by Liberty in a chapter 11 bankruptcy sale is burdened by restrictive covenants limiting its use to a golf course. Liberty wished to develop the property for other purposes, but homeowners adjacent to the property filed suit to compel its continued maintenance as a gol... More...   $0 (12-05-2008 - NE)

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, alleging that the track constitutes a nuisance. The trial court granted a temporary restraining order prohibiting races and subsequently issued a temporary injunction that allowed Brown to conduct races, but ordered that races end by 11:00 p.m. and imposed n... More...   $0 (12-05-2008 - TX)

Suzanne Snaza commenced this action against the City of St. Paul alleging that her constitutional rights to substantive due process, equal protection, and just compensation were violated by denial of her application for a conditional use permit. The district court1 granted the city's motion for summary judgment. Snaza appeals, and we affirm.

In 1999 Snaza's father, Bernard, applied for a co... More...   $0 (12-04-2008 - MN)

¶2 Appellant Victoria Rocco (Rocco) appeals from the judgment in favor of Defendants Phillip Ogle and Geraldine Ogle (Ogles). We affirm. ¶3 The Ogles run a livestock operation on their property that abuts Lincoln Road East in the Helena Valley, in Lewis and Clark County. Rocco was traveling west on Lincoln Road East in the early morning hours of July 29, 2005, when she collided with a Black Angu... More...   $0 (12-03-2008 - MR)

The issue on this appeal is whether plaintiffs' private nuisance cause of action is preempted by the National Labor Relations Act (NLRA). We hold that it is not.

I.

Plaintiff Helmsley-Spear, Inc., managing agent of the Empire State Building (ESB)1, retained Copstat Security, LLC, a private security firm, to provide security services for the ESB. In 2005, defendants Michael Fishman, a... More...   $0 (11-24-2008 - NY)

The World Agricultural Forum (WAF) planned a conference in St. Louis in late May 2003. The St. Louis Police Department learned that prior WAF conferences in Boston, Washington, and other cities had attracted violent protests instigated by small anarchist groups that infiltrated peaceful protesters, and that Internet sites were exhorting out-of-town activists to travel to St. Louis to participate i... More...   $0 (11-14-2008 - MO)

A commercial tenant, Eric Hoopes, sued his landlord and another tenant claiming exclusive parking rights under his lease. Defendants denied plaintiff’s interpretation of the lease, and also asserted that plaintiff was equitably estopped from suing because plaintiff stood silent for years when he knew defendants believed parking was shared between the tenants. Defendants moved to bifurcate the tr... More...   $0 (11-12-2008 - CA)

¶1 South West Sand & Gravel, Inc. (South West) appeals from a grant of summary judgment on its taking and tort claims against the Central Arizona Water Conservation District (the District). Based on our decision in West Maricopa Combine, Inc. v. Arizona Department of Water Resources, 200 Ariz. 400, 26 P.3d 1171 (App. 2001), Arizona Revised Statutes (A.R.S.) section 45-173 (1994), and Arizona’s ... More...   $0 (11-12-2008 - AZ)

This is an appeal from a summary judgment that presents limitations issues. For the reasons explained below, we will affirm the judgment.

Spouses Hugh T. ("Tex") Mitchell, III and Janice K. ("Kim") Mitchell own residential property at 6206 Burns Street in Austin. Immediately behind the Mitchells' property is property owned by Terrell Timmerman at 6215 North Lamar. On Timmerman's property, ... More...   $0 (11-07-2008 - TX)

In this appeal, clothing retailer Pacific Sunwear of California, Inc. (PacSun) appeals a trial court order granting summary judgment in favor of Olaes Enterprises, Inc. (Olaes) in PacSun's breach of warranty lawsuit. The lawsuit alleges that Olaes breached the warranty contained in section 2312, subdivision (3) of the California Uniform Commercial Code (hereafter section 2312(3)), which requires c... More...   $0 (10-10-2008 - CA)

Defendant David Kircher (defendant) appeals by right the circuit court’s order confirming the judicial sale of his property, commonly known as the Eastern Highlands apartment complex (Eastern Highlands), to receiver Robert Barnes.1 Kircher contends that the circuit court erred by granting the receiver a lien against Eastern Highlands, by allowing the receiver to foreclose that lien, and by confi... More...   $0 (10-09-2008 - MI)

The plaintiff, Richard Read, appeals from the judgment of the trial court rendered after the granting of a motion to strike certain counts of his complaint filed by the defendants, the town of Plymouth (town), Ralph J. Zombouski and Gary Belanger, and a motion for summary judgment filed by the town as to the remaining count. On appeal, the plaintiff claims that the court improperly (1) struck coun... More...   $0 (10-07-2008 - CT)

Neighbors of Ipsco Steel Co., now SSAB Alabama, sued it on a nuisance theory complaining about the sound of steelmaking for mental anguish and loss of the enjoyment of their property. Plaintiffs were among about 50 households in the Axis area who lived in a rural setting prior to the plant's arrival, the area had been designated as industrial by the early 1980s. Plaintiffs complained about the n... More...   $0 (10-05-2008 - AL)

In 1978, the City of Rancho Palos Verdes enacted an ordinance imposing a moratorium on the construction of new homes in the vicinity where landslides had recently occurred. Plaintiffs own vacant lots covered by the moratorium. Some have been waiting over 30 years to build homes on their properties. Plaintiffs’ lots are zoned for single-family dwellings.

Eventually, the city council establ... More...   $0 (10-01-2008 - CA)

The instant action is before this Court upon the appeal of Charles and Kathryn Beahm, Randy and Kathy Johnson, and the Jefferson City Council on Aging [hereinafter “Appellants”] from a January 4, 2007, order granting defendants', 7-Eleven, Inc. and Melissa Spinks [hereinafter “Appellees”], Motion for Summary Judgment. On appeal, the Appellants allege that errors were committed by the circu... More...   $0 (09-26-2008 - WV)

In this pro se appeal, appellant Grace Williams seeks reversal of a take-nothing summary judgment in favor of appellee City of Littlefield (the City). For reasons we hereinafter state, we affirm the judgment of the trial court.

In the suit underlying this appeal, appellant sought to recover damages because of the City’s alleged negligence in causing raw sewage to flow from a cit... More...   $0 (09-26-2008 - TX)

The appellants in this case are some members of a class of plaintiffs who sued the defendant, Lafarge Corporation, because of pollution emitted by its portland cement plant in Alpena, Michigan. After the defendants had unsuccessfully appealed the district court’s class certification decision, the class counsel and the defendant entered into settlement negotiations.

The class counsel and d... More...   $1900000 (09-26-2008 - MI)

This appeal arises from four separate wrongful death actions brought pursuant to Code § 8.01-50 and ultimately settled by the parties through mediation. The principal issue we consider is whether the circuit court erred in requiring the settling parties to those actions to file written petitions reciting the financial terms of the compromise settlements in order to obtain court approval of those ... More...   $0 (09-24-2008 - VA)

The plaintiffs, Robert and Wanda Alderson, filed an action in the circuit court of Will County in which they sought a declaration that they have surface rights to a water-filled quarry that is used for recreational purposes. Plaintiffs contended they are entitled to the reasonable use and enjoyment of the entire surface waters because they own a portion of the quarry bed. The circuit court granted... More...   $0 (09-18-2008 - IL)

This appeal and cross-appeal from a district court order in a breach of contract and tort action arising from improper foreclosure proceedings involve several compensatory and punitive damage award issues. With respect to compensatory damages, since respondents/cross-appellants’ actual losses did not exceed the damages that they incurred to their real and personal property, we conclude that the... More...   $0 (09-11-2008 - NV)

The City of West Hollywood bans all “mobile billboard advertising” of any content, at any time, on any street. Plaintiffs, a nonprofit organization and its president, contend that the ban is an unconstitutional interference with their freedom of speech under the United States and California constitutions. The trial court held that the ban is constitutional. We agree.

FACTS AND PROCEEDIN... More...   $0 (09-10-2008 - CA)

In this interlocutory appeal, we consider whether a blanket policy of strip searching without reasonable suspicion of all individuals arrested and classified for housing in the general jail population violates the arrestees’ clearly established constitutional rights. Under the circumstances presented by this case, we conclude that it does, and affirm the order of the district court denying quali... More...   $0 (08-31-2008 - CA)