In this appeal, we examine whether a county is authorized, under its governmental police powers, to regulate construction waste, and particularly whether Douglas County properly enacted an ordinance granting an exclusive franchise to appellant Douglas Disposal, Inc. (Disposal), for construction waste collection and disposal within the county. Since we conclude that construction waste regulatio... More...   $0 (12-01-2007 - NV)

1 The Czajkowskis and Meyers both own property and reside in Yellowstone Gateway Estates, a five-parcel subdivision in Livingston, Montana. The property of all five homeowners in this subdivision is subject to restrictive covenants. The Czajkowskis sued the Meyers for breach of the covenants pertaining to new construction on and improvements to the Meyers' property. The Czajkowskis did not as... More...   $10000 (11-13-2007 - MT)

[3] On July 4, 2003, Ms. Tes... More...   $0 (11-10-2007 - WY)

This is a liability insurance dispute concerning coverage under a homeowner=s policy for bodily injury arising from the use of a Afour-wheeler@ all-terrain vehicle. Appellants Linda and Christopher Gomez appeal from the trial court=s grant of summary judgment in favor of Appellee Allstate Texas Lloyds Insurance Company. The Gomezes raise three issues. First, the Gomezes argue the trial court... More...   $0 (11-05-2007 - TX)

Jacquelyn Tomberlin appeals from a judgment dismissing her class action complaint against numerous entities engaged in the manufacture and sale of alcohol. Her complaint sought damages and injunctive relief for what she describes as the "deliberate and reckless targeting of underage consumers in the design, advertising, and marketing of alcoholic beverages." She alleged standing as a Wisconsi... More...   $0 (10-27-2007 - WI)

The def... More...   $250000000 (10-19-2007 - WV)

After obtaining a judgment for invasion of privacy and wrongful death against the owner of a St. Louis area nightclub, Mary Ann Green (Green) brought an equitable garnishment action under section 379.200 against Penn-Star Insurance Company (Penn-Star) in Jackson County.(FN1) She now appeals the adverse decision of the Jackson County Circuit Court. Green claims that the circuit court erred in ru... More...   $0 (10-18-2007 - MO)

This case concerns the preemptive scope of the Interstate Commerce Commission Termination Act of 1995 (ICCTA). Kansas City Southern Railway Company (Railroad), the defendant below, argued to the district court that the ICCTA preempts the state tort claims brought by the plaintiffs, who own land adjacent to the Railroad's track in Sequoyah County, Oklahoma. The district court accepted this ... More...   $0 (10-01-2007 - OK)

In this intractable dispute, Prince of Peace Lutheran Church of Carrollton, Texas, seeks to terminate a contractual relationship with Solar Soccer Club. Solar, on the other hand, seeks to continue the relationship for the full contractual term. After several summary judgments and a jury trial, the parties continue to pursue their opposing goals in this appeal and cross-appeal. The trial judg... More...   $0 (09-19-2007 - TX)

Defendants are found liable for negligence in a multiparty construction defect case. The trial court gives them partial credits for their damages paid in good faith settlements before trial by jointly liable defendants. This assures a fair and appropriate distribution of damages. Plaintiff does not receive a double recovery. Nor do the nonsettling defendants bear a disproportionate share ... More...   $0 (09-06-2007 - CA)

In this negligence action, plaintiffs, a mother and her two daughters, appeal from a limited judgment granting summary judgment in favor of defendant. (1) The trial court concluded, as a matter of law, that plaintiffs had not presented evidence that would allow a jury to determine that defendant was liable for the harm that befell plaintiffs under either a special relationship or a general fo... More...   $0 (08-22-2007 - OR)

The City of Monte Sereno ("City") sued defendants Darla and Joseph Padgett for abatement of a public nuisance and violations of the Monte Sereno Municipal Code (MSMC). The parties settled before trial, with an agreement that the action would be "deemed dismissed" upon defendants' compliance with the City's demands, and that the City could thereafter seek its attorney fees. The trial court a... More...   $0 (04-27-2007 - CA)

This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam... More...   $200000 (04-25-2007 - MO)

Lani Meyer, by and through her next friend, Rebecca Coplin, ("Plaintiff") appeals from the order of the circuit court denying class certification in a tort action filed on behalf of a proposed class of children exposed to lead due to the operation of the Doe Run lead smelter in Herculaneum, Missouri. Plaintiff seeks, inter alia, to recover compensatory damages for the expense of prospective med... More...   $0 (03-20-2007 - MO)

[1] Riverwood Commercial Park, LLC, and Tom Freidt (collectively "Riverwood") have appealed from a judgment dismissing their action against Standard Oil Company ("Standard") and Tesoro Refining and Marketing Company ("Tesoro") for trespass, breach of contract, slander of title, right to quiet title, interference with prospective advantage, fraud, and nuisance. We reverse, concluding (1) the dis... More...   $0 (03-07-2007 - ND)

Can Sacramento, a charter city, dilute the procedural protections accorded by state laws to those who forfeit the vehicles they allegedly used to facilitate prostitution or various drug transactions? We conclude that because the state laws fully occupy the fields of vehicle forfeiture involving prostitution and drug transactions, areas of statewide concern, they preempt Sacramento's nui... More...   $0 (02-16-2007 - CA)

Beginning in 1999, the Bisnos planned to build a home in North Beverly Park, a luxury community in Beverl... More...   $0 (02-13-2007 - CA)

Claudia Barnard and others sued pipe-coating company Bredero Shaw on a nuisance theory claiming that the operation of defendant's business damaged them by creating offensive noise and airborne dust that destroyed the quality of their lives while the facility operated close to their homes. The plant was closed by defendant in 2005 after three years of financial losses and environmental fines. ... More...   $0 (02-06-2007 - AL)

1 Appellants, Jesse Stanton, Benjamin Stanton, and Elaine Stanton, appeal from the December 2, 2005 order entered in the Court of Common Pleas of Lackawanna County granting the motion for summary judgment filed by Appellee, Pennsylvania Power & Light Co.1 The trial court determined that Appellee had successfully asserted statutory immunity based on the provisions of the Recreational Use o... More...   $0 (01-18-2007 - PA)

This is a case in which the Attorney General for the State of New Mexico (AG) seeks unrestricted money damages exclusively under state law for groundwater contamination in Albuquerque's South Valley. The district court granted summary judgment to Defendants General Electric (GE) and ACF Industries (ACF) because the AG "failed to raise genuine issues of material fact on the essential elements o... More...   $0 (11-03-2006 - NM)

This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam... More...   $0 (10-31-2006 - MO)

1 This case concerns a fire that spread from William White's property to Greg Poteet's sawmill on a neighboring property. The fire was allegedly started by White's independent contractor, Rick Green. Poteet sued White for negligence, seeking to recover for damages to his property. The district court granted White's motion for summary judgment. We conclude that summary judgment was appropr... More...   $0 (10-25-2006 - UT)

Section 4–60–140(d) of the Municipal Code of Chicago prohibits establishments licensed to serve alcoholic beverages from permitting any employee, entertainer or patron to engage in "any live act, demonstration, dance or exhibition *** which exposes to public view *** [h]is or her genitals, pubic hair, buttocks *** or [a]ny portion of the female breast at or below the areola thereof." The issue ... More...   $0 (10-18-2006 - IL)

Julie Weissenger and Robert Weissenger sued William Adrianse on a nuisance theory or invasion of privacy (?) for the damages that they incurred in moving to a new home in reaction to Adrianse sitting in his home and watching Julie with binocular while nude. The Weissengers in turn video taped Adrianse with a night vision camera that they borrowed from the police department. The countercl... More...   $14000 (09-30-2006 - IA)

Les and Denise Turner, et al. sued Premium Standard Farms, Inc. and ContiGroup Companies, Inc. on a nuscience theory claiming that the odors emanating from defendants' concentrated animal feeding operations (CAFOs) created an unreasonable nuisance. Plaintiff alleged that the defendants applied massive quantities of liquid hog manure, maintained multiple-acre wastewater lagoons, and engaged in o... More...   $4500000 (09-26-2006 - MO)