| City of Greenwood v. Martin Marietta Materials and Hunt Martin Materials |
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The City of Greenwood, Missouri sued Martin Marietta Materials and Hunt Martin Materials on nuisance, creating dust, noise, fumes and danger, negligent in its repairs of the road, and that the quarry was trespassing for the costs for rehabilitation of the Second Avenue route, including South Second Avenue, West Walnut Street, South Fifth Avenue and South Sixth Avenue, as well as attorney fees and... More... $8900000 (03-19-2008 - MO) |
| Ceci Austin v. Bald II, L.L.C. |
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Bald II, L.L.C., (Defendant), owned and operated by Dr. Francis A. Bald (Dr. Bald) appeals from judgment entered on 2 April 2007 awarding Plaintiff damages in the amount of $1.00, and ordering Defendant to remove the ten foot wooden fence and erect a new fence no higher than six feet. This judgment was based upon a jury verdict determining that Defendant erected a spite fence along Ceci Austin's ... More... $0 (03-18-2008 - NC) |
| The Rochester Buckhart Action Group v. Robert Young |
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In May 2007, plaintiff, Rochester Buckhart Action Group, filed a motion for preliminary injunction against defendant, Robert Young, to enjoin him from constructing or operating a hog farm on his property pending the outcome of litigation. In May 2007, the trial court granted the preliminary injunction. In August 2007, the court denied defendant's motion to vacate. On appeal, defendant argues... More... $0 (03-14-2008 - IL) |
| Estate of Archie Kirkpatrick v. The City of Olathe, Kansas |
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The City of Olathe (the City) appeals the district court's judgment on a claim of inverse condemnation in favor of the Estate of Archie Kirkpatrick, arguing that its actions did not constitute a compensable taking of the Estate's property. We agree and reverse the district court. Factual and Procedural Background Archie Kirkpatrick owned and resided in property that sits on the northwe... More... $0 (03-14-2008 - KS) |
| Garry N. Holdgrafer, et al. v. Unocal Corp., et al. |
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In deciding whether a punitive damages award violates the constitutional prohibition of arbitrary or grossly excessive punishment, the most important factor to be considered is the reprehensibility of the defendant's conduct.1 The United States Supreme Court has instructed courts undertaking this inquiry that "[a] defendant's dissimilar acts, independent from the acts upon which liability was ... More... $0 (03-04-2008 - CA) |
| Mike Cramer d/b/a Allstar Books v. City of Detroit, et al. |
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Plaintiff Mike Cramer appeals from the order of the district court granting summary judgment to Defendants Ronald Vitale and Yorkshire Food Market on Cramer's claim that they conspired with the City of Detroit to violate his First Amendment rights. We AFFIRM. I. Background Plaintiff Mike Cramer owns Allstar Books located on Mack Avenue in Detroit, Michigan. One side of the bookstore... More... $0 (02-28-2008 - MI) |
| Ajay Shah, et al. v. City of Farmington Hills, et al. |
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In this garnishment action, Ford Motor Company (Ford) appeals as of right the trial court's May 31, 2006 order and judgment entered in favor of Oxford Estates Condominium Association (Association), which incorporated by reference the trial court's May 9, 2006 opinion and order. We reverse the trial court's May 9, 2006 opinion and order, vacate the May 31, 2006 order and judgment, and remand fo... More... $0 (02-21-2008 - MI) |
| A&A Enterprises v. City of Milwaukee |
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1 A&A Enterprises (A&A) appeals from an order denying its motion for a permanent injunction and dismissing its complaint. Following a bench trial, the trial court concluded that the City of Milwaukee's (the City) February 2, 2005 order directing A&A to repair its building at 2436 West Kilbourn Avenue or have it razed within sixty days was reasonable; and that there was no basis for the tri... More... $0 (02-20-2008 - WI) |
| Katie M. Klida v. Gregory S. Braman, et al. |
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Defendant, Farm Bureau General Insurance Company of Michigan (Farm Bureau), appeals as of right the denial of its motion for summary dismissal of plaintiff's underinsured motorist claim on the ground that the one-year contractual limitation period in the insurance policy barred plaintiff's action.1 We affirm. Plaintiff sustained injuries in a motor vehicle accident involving her mother's ... More... $0 (02-19-2008 - MI) |
| Animal Legal Defense Fund, et al. v. Victor L. Mendes, et al. |
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This is an appeal from judgment entered after the trial court sustained a demurrer, without leave to amend, to appellants' complaint for declaratory and injunctive relief brought against respondent calf ranchers. Appellants assert causes of action for violation of Penal Code section 597t in confining animals without an "adequate exercise area," and for commission of unfair business practices u... More... $0 (02-15-2008 - CA) |
| Concerned Residents of Santa Fe North, Inc. v. Santa Fe Estates, Inc. |
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{1} The parties in this real estate development dispute are Concerned Residents of Santa Fe North, Inc. (Residents), Santa Fe Estates, Inc. (Estates), the City of Santa Fe (the City), and Thornburg Companies (Thornburg).
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| County of Ventura v. Channel Islands Marina, Inc. |
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Bad behavior does not establish damages: causation does. Taking claims do not arise from a breach of contract. With these two principles in mind, we discuss this case concerning a dispute over leasehold improvements installed by a private party on land leased from the County of Ventura (County). At the end of the lease term, County sued the lessee to prevent it from removing the improvem... More... $0 (01-31-2008 - CA) |
| Wayne and Barbara Tetzlaff v. Tim and Glenna Camp |
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Wayne and Barbara Tetzlaff sued Tim and Glenna Camp on a nuisance theory claiming that defendants' hog farm in Madison County, Iowa created health problems as a result of being exposed to hog manure spread on farm fields. Defendants denied wrongdoing and affirmatively asserted that they strictly complied with all state rules and regulations and were not answerable for the nuisance that the... More... $0 (01-25-2008 - IA) |
| Jack Nascimento v. Preferred Mutual Insurance Company |
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Jack Nascimento appeals a district court judgment declaring that Preferred Mutual Insurance Company ("Preferred Mutual") is under no contractual obligation to defend him in an environmental liability suit brought against him by his neighbors, Tiago and Maria Leal. We affirm, albeit on slightly different grounds than those relied upon by the district court. I. Relevant Factual and Pr... More... $0 (01-18-2008 - MA) |
| E. Perry Iron & Metal Co., Inc. v. City of Portland |
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[1] E. Perry Iron & Metal Co., Inc., appeals from a judgment of the Superior Court (Cumberland County, Delahanty, J.) entering judgment in favor of the City of Portland. It argues that the Superior Court incorrectly found the City's scrap metal recycling facility ordinance was not preempted by state statute and was not unconstitutional under the Maine and U.S. Constitutions. We affirm the... More... $0 (01-15-2008 - ME) |
| Dwight Johannes Downs v. Coastal Systems International, Inc. |
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Dwight Johannes Downs appeals the trial court's order granting appellee Coastal Systems International Inc.'s ("Coastal Systems") motion for final summary judgment, and Coastal Systems appeals the trial court's order denying in part its Motion to Tax Costs and Attorney's Fees. We affirm the entry of final summary judgment in Coastal Systems' favor, but reverse the denial of its entitlement to... More... $0 (01-12-2008 - FL) |
| People For Open Government, et al. v. David Roberts, in his capacity as Mayor of Hoboken, etc., et al. |
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In this appeal we must determine whether four individual plaintiffs, Ann Graham, Robert T. DuVal, Alice Crozier and James D. Vance, and People for Open Government (POG), an organization of which they are members, have standing to challenge what they claim to be a lack of enforcement of an ordinance adopted by the City of Hoboken (the City) designed to curtail the nefarious practice of "... More... $0 (01-09-2008 - NJ) |
| City of Los Angeles v. 2000 Jeep Cherokee, etc. and Richard Reinsdorf |
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In April 2005, Richard Reinsdorf's Jeep was seized when he was arrested for soliciting prostitution (Pen. Code, § 647, subd. (b)). In May, he was notified that the City of Los Angeles had initiated forfeiture proceedings under section 41.70 of the Los Angeles Municipal Code, which authorizes the seizure and forfeiture of vehicles used to solicit prostitution. Reinsdorf challenged the City... More... $0 (01-09-2008 - CA) |
| Felice Bressler Rose v. Mercedes-Benz U.S.A., LLC |
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Plaintiff Felice Bressler Rose brought an action under the Magnuson-Moss Warranty- Federal Trade Commission Improvement Act (the Magnuson-Moss Act) (15 U.S.C. §2301 et seq. (2000)) for breach of express and implied warranties against defendant Mercedes-Benz after several unsuccessful attempts to repair her 2002 Mercedes ML 500. Following a bench trial, the trial court entered judgment for... More... $0 (01-08-2008 - IL) |
| Beverly Materials, LLC v. Town of LaPrairie Board of Supervisors, etc. |
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This is a certiorari action in which Beverly Materials, LLC seeks review of a decision by the Town of LaPrairie Board of Supervisors denying its applications for a conditional use permit and request for rezoning to allow Beverly Materials to conduct a sand and gravel mining operation. The circuit court affirmed the Board's decision and Beverly Materials appeals. We affirm the circuit court... More... $0 (01-07-2008 - WI) |
| Royce Homes, L.P. v. Mitch Humphrey |
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Mitch Humphrey sued Royce Homes, L.P. ("Royce") for damages to Humphrey's residence. Humphrey alleged that Royce wrongfully diverted the natural flow of surface waters during the construction of a new house on adjacent property and thus caused Humphrey's home to flood. The jury found in favor of Humphrey. The trial court entered judgment on the jury's verdict, awarding Humphrey $5,314.27 in c... More... $0 (01-05-2008 - TX) |
| Underwriters at Lloyd's of London v. Gilbert Texas Construction, L.P. |
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This is a summary judgment case involving certain excess general liability insurance policies. The controlling issue we decide is whether there is coverage under the policies for damages allegedly caused by the insured's breach of a contractual duty. Underwriters at Lloyd's of London contends the trial court erred in granting summary judgment in favor of its insured, Gilbert Texas Construction,... More... $0 (01-05-2008 - TX) |
| Lattice Cural, et al. v. American Multimedia, Inc., et al. |
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This appeal arises from a lawsuit seeking damages for the contamination of Plaintiffs' wells with certain toxic chemicals. Plaintiffs appeal from entry of partial summary judgment. We affirm. The Plaintiffs are individuals who are current or former residents of Hahn Road, in Burlington, North Carolina. Defendants are individuals and corporations with a present or former interest ... More... $0 (01-04-2008 - NC) |
| Grace Gumz, et al. v. Northern States Power Company d/b/a Xcel Energy |
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1 ANN WALSH BRADLEY, J. The petitioner, Northern States Power Company ("Northern States"), seeks review of a published court of appeals decision affirming a judgment of the circuit court for Marathon County entered in favor of James, Grace, Michael, and Susan Gumz.1 In this private nuisance action based on negligence, the Gumzs alleged that stray voltage from Northern States' distribution... More... $533000 (12-07-2007 - WI) |
| Ralph Schmidt, et al. v. Northern States Power Company d/b/a Xcel Engergy |
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1 * * * This is a review of an unpublished decision of the court of appeals,1 which reversed and remanded the decision of the Clark County Circuit Court, Jon M. Counsell, Judge. The circuit court determined on summary judgment that the six-year statute of limitations barred Ralph and Karline Schmidt's (Schmidts) claims. See Wis. Stat. § 893.52 (2003-04).2 The circuit court also conclude... More... $0 (12-07-2007 - WI) |
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