The trial court issued a preliminary injunction preventing Ronald Naulls and his business enterprise, Healing Nations Collective (HNC), a medical marijuana dispensary operating within the City of Corona (the City), from conducting any further operations.

The court found that, because HNC was “operating as a non-permitted, non-conforming use,â€� its operation “constitutes a nuisance pe... More...   $0 (08-29-2008 - CA)

In 1965, the Legislature confronted two troubling trends in California: the loss of agricultural land to development and the haphazard growth of suburbia, requiring the “extension of municipal services to remote residential enclaves, and interfer[ing] with agricultural activities.â€� (Sierra Club v. City of Hayward (1981) 28 Cal.3d 840, 850 (Sierra Club), superseded by statute on other grounds a... More...   $0 (08-15-2008 - CA)

Steven Chapman, Pat Chapman, Judy Chapman, and Chapman Dairy, Inc. (collectively, "Appellants"), brought suit against their electric company, New Mac Electric Cooperative, Inc. ("Cross-Appellant"), for stray voltage, and against Alfa Laval Agri, Inc. ("Alfa Laval"), the company that designed and installed a new set of milking parlor equipment in 1997.(FN1) The jury found that Cross-Appellant had ... More...   $793017 (08-15-2008 - )

Kimberly Kempton and Charles Kinney appeal from a judgment issued following the grant of a motion for judgment on the pleadings without leave to amend. They claim that their complaint was either sufficient to allege a cause of action for nuisance against the City of Los Angeles or, if not, that they should have been granted leave to amend. We reverse the judgment with directions to grant leave to ... More...   $0 (08-13-2008 - CA)

¶1 BROWN, C.J. This lawsuit concerns a now-closed landfill in Muskego. The plaintiffs are nearby landowners whose water is contaminated with a toxic chemical called vinyl chloride, which they allege came from the landfill. Their suit against Waste Management of Wisconsin, Inc., the landfill’s operator, is still pending in the circuit court, and is not before us in this appeal. Rat... More...   $0 (08-12-2008 - WI)

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...   $0 (07-30-2008 - NM)

Angela Basham and Scott Basham (plaintiffs) brought an action against the city of Cuba, Missouri. Plaintiffs' petition was in two counts. Count I sought damages for nuisance. Count II was an action for inverse condemnation. Both counts were directed to damages sustained at property plaintiffs own in the city that was damaged as a result of a sewer backup. The trial court found for the city on both... More...   $0 (07-29-2008 - MO)

Golden Gate Water Ski Club (the Club), a private nonprofit organization dedicated to the recreational sport of water skiing, appeals from an order denying its petition for writ of mandate and from a judgment dismissing its complaint. The trial court’s rulings leave in place an order by the Contra Costa County Board of Supervisors (the Board) ordering destruction and removal of all the dwelling u... More...   $0 (07-27-2008 - CA)

This case concerns responsibility for the cleanup of the contamination of the bed of Penobscot River in Bangor, Maine, known as Dunnett's Cove, under the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

Specifically, we are being asked to overturn the district court's approval, after nearly five years of litigation,... More...   $0 (07-22-2008 - ME)

Defendants Northeast Vehicle Services, LLC, East Brookfield & Spencer Railroad, LLC ("EB&SR"); Holston Land Company, Inc., CSX Real Property, Inc., Steven Pugliese, and George Bell all play various roles in the ownership and operation of an automobile distribution facility located in the towns of East Brookfield and Spencer, Massachusetts. Footnote Plaintiffs, Leo and Sara Fayard, own a seventeen-... More...   $0 (07-22-2008 - MA)

Plaintiffs Boom Town Saloon, Inc., and Eugene Perry, Boom Town's president, appeal the order of the circuit court of Cook County affirming the decision of the Local Liquor Control Commissioner (LLCC). The LLCC revoked Boom Town's liquor license for allegedly committing acts of gambling. On appeal, plaintiffs claim that the LLCC’s findings of gambling were against the manifest weight of the evide... More...   $0 (07-14-2008 - IL)

This appeal involves a controversy surrounding a large fire started by
Dorene Lorenz and other persons for the purpose of clearing rubbish. Russell Maddox,
a next-door neighbor, sued Lorenz and other parties he thought were involved for
damages the fire caused to his home-based business and property. Lorenz
counterclaimed, primarily stating claims based on Maddox’s behavior towar... More...   $0 (07-11-2008 - AK)

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between the inj... More...   $0 (06-27-2008 - NM)

1 Jesse, Benjamin and Elaine Stanton ("the Stantons") appeal the order granting summary judgment for Pennsylvania Power & Light Company ("PP & L") based on PP & L's statutory immunity under the Recreational Use of Land and Water Act ("the RULWA" or "the Act"). The RULWA provides immunity from negligence liability for owners of undeveloped land who open that land without charge for recreation... More...   $0 (06-24-2008 - PA)

Fred Weber, Inc. ("Weber") owns and operates a quarry in O'Fallon where blasting is among the operations. Peggy Green and other named plaintiffs reside near Weber's quarry. They filed a petition alleging that the manner in which Weber conducts blasting operations is unreasonable and constitutes a private nuisance. They have sued on behalf of themselves and a proposed "class of persons, with [sic]... More...   $0 (06-19-2008 - MO)

In this diversity action, Plaintiff Darr Angell appeals the district court's ruling in favor of Defendant Polaris Production Corporation (Polaris) after a two-day bench trial. Mr. Angell brought suit on behalf of the State of New Mexico alleging that Polaris created a public nuisance by contaminating the groundwater beneath his property.1 We exercise jurisdiction pursuant to 28 U.S.C. § 1291 a... More...   $0 (06-07-2008 - NM)

Several beneficiaries of trust accounts maintained by Bank of America, N.A., filed a class action complaint against the Bank, its holding corporation, and affiliated investment companies. In addition to alleging claims under federal securities laws, the Plaintiffs alleged state-law claims that the Defendants were unjustly enriched and breached fiduciary duties they owed to the beneficiaries. O... More...   $0 (05-19-2008 - MO)

Relator City of Blue Springs ("City") seeks a writ of prohibition requiring Respondent, the Honorable W. Stephen Nixon, to grant its motion for summary judgment on claims brought against the City by Blue Springs residents Shawn and Jennifer Stevens. The Stevenses allege that the City is liable to them under a theory of inverse condemnation because the City approved the plat of the development in w... More...   $0 (04-29-2008 - MO)

This appeal arises out of the remand order in Pelletier v. Sordoni/Skanska Construction Co., 264 Conn. 509, 527, 825 A.2d 72 (2003), in which we held that an injured employee of an independent subcontractor may bring an action in negligence against the general contractor if the employee can establish a legal and factual basis for the general contractor's liability. Upon remand, the negligen... More...   $0 (04-26-2008 - CT)

Under federal law, "[l]ocal governing bodies . . . can be sued directly under [Title 42, United State Code] § 1983 for monetary . . . relief where . . . the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers." (Monell v. N. Y. City Dept. of Social Services (1978) ... More...   $0 (04-25-2008 - CA)

In this Free Exercise Clause and Religious Land Use and Institutionalized Persons Act case, Amish landowners challenge the Central Michigan District Health Department's ("CMDHD") requirement that they install larger septic tanks to replace existing, allegedly inadequate systems. They argue the new tanks would incur wasteful expenses and tempt them to install modern conveniences, such as bathro... More...   $0 (04-23-2008 - MI)

This securities case was brought against Boston Scientific, a publicly traded manufacturer of medical devices based in Natick, Massachusetts. The appeal concerns dismissal of claims based on the company's launch of a new product, the drug-eluting TAXUS coronary stent, and its eventual recalls. Plaintiff, a Mississippi pension fund and purchaser of Boston Scientific stock, alleges that company exec... More...   $0 (04-22-2008 - MA)

Defendants appeal the district court's partial denial of their motion to dismiss Fourth and Fourteenth Amendment claims based on 42 U.S.C. § 1983 brought against them by representatives and relatives of Nathaniel Jones, a 350-pound 41-year old African American who died after Cincinnati police officers subdued and placed him under arrest. Because the defendants are not entitled to qualified imm... More...   $0 (04-07-2008 - OH)

Plaintiffs Albert and Mary Trtanj (the Trtanjs) own a residence on Oaklawn Drive in Granite City, Illinois. This action was brought by p... More...   $0 (03-24-2008 - IL)

This case involves an Idaho county's attempt to recover damages under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968, for additional monies it claims to have expended on public health care and law enforcement services for undocumented immigrants. Plaintiff-appellant Canyon County commenced this action against four companies and one individual under RI... More...   $0 (03-21-2008 - ID)