On November 22, 2000, plaintiff, Randell L.D. Smith, filed a pro se complaint(1) against defendants, Central Illinois Regional Airport, The Prairie Aviation Museum, and The Pantagraph, in the circuit court of McLean County. Count I of the complaint alleged that each summer, defendants operated, sponsored, and otherwise promoted a dangerous airshow near plaintiff's property in Bloomington, Illin... More...   $0 (11-25-2003 - IL)

After a court trial, the trial court found defendant Al Joseph DeGuzman guilty of 54 counts of possessing "any explosive" in a public location (Pen. Code, § 12303.2) and 54 counts of possessing "any explosive" with intent to injure (§ 12303.3). At sentencing, however, the trial court dismissed all but one conviction for each offense in reliance on what it felt was binding precedent. On the ... More...   $0 (11-20-2003 - CA)

Larry Lusk brought suit against Georgia Northeastern Railroad, Inc. ("GNRR") alleging that his riverside property had been eroded as a result of a nuisance maintained by GNRR. A jury found in favor of Lusk and awarded him $5,400 for the diminution in fair market value of the property before and after the damage and $182,755 for the estimated cost to restore the eroded riverbank. The Court ... More...   $0 (10-27-2003 - GA)

Real Estate - nuisance and trespass: Plaintiffs George and Carole Trickett brought this nuisance and trespass action against their neighbors, Peter and Carol Ochs, alleging that defendants' operation of an apple orchard interfered with plaintiffs' use and enjoyment of their land and caused them emotional distress. Following an evidentiary hearing on plaintiffs' request for injun... More...   $0 (10-10-2003 - VT)

Paul and Gloria Smith sued L. Patrick Power, an assistant city attorney in Kankakee, Illinois, under 42 U.S.C. § 1983 for initiating proceedings to demolish a house on their property, allegedly in retaliation for Paul Smith's public criticism of Power when Smith was a Kankakee alderman. The district court concluded that Power was entitled to absolute immunity from suit and dismissed the ... More...   $0 (10-06-2003 - IL)

Negligence and nuisance claims by owners of property located near a former Unocal tank farm in San Luis Obispo County that was contaminated by oil that leaks from underground pipes that linked the tanks in the farm that was dismantled in 1990. The underground plume of oil was between 200 and 300 feet wide and 2,200 feet long.... More...   $2600000 (09-24-2003 - CA)

In October 1978 defendant, a Michigan partnership whose partners include Jeff Jacobs, leased a manufacturing facility to Michigan Extruded Aluminum, a corporation owned by the Jacobs family. Pursuant to the terms of the lease, defendant was responsible for repairs to the roof and the outer walls of the building. Effective January 1, 1991, defendant and Michigan Extruded agreed to continue... More...   $0 (09-22-2003 - MI)

On February 15, 1996, Edward Skwira, a decorated World War II veteran, entered the Veterans Affairs Medical Center ("VAMC") near Northampton, Massachusetts, for the treatment of chronic alcoholism. Three days later, Skwira unexpectedly died, apparently of natural causes. Five years later, on March 14, 2001, a federal jury convicted Kristin Gilbert, a former nurse at the VAMC, of murdering Skwir... More...   $0 (09-15-2003 - MA)

Since 1946, the plaintiffs, Janice J. Cook, Vanessa Cook Jacobsohn, Cecil D. Driver, individually and as trustee of the John Cook Driver Trust, Carole Evans Sands, Susan Evans Burkley, Liane Evans Gigas, Melissa Evans Voteur, and Jonathan Richard Evans, have owned property on Lake Winnipesaukee in Moultonboro. Over the years, they have built various structures on the property, including a mai... More...   $0 (09-08-2003 - NH)

Seven years after the purchase of a building on the Scantic River, in Somers, for possible conversion into a residential development, the Federal Emergency Management Administration revised a flood insurance map so that the property became unsuitable for the proposed development. The map revision resulted from the belated discovery of a discrepancy in previously existing documents descri... More...   $0 (07-21-2003 - CT)

Intel Corporation (Intel) maintains an electronic mail system, connected to the Internet, through which messages between employees and those outside the company can be sent and received, and permits its employees to make reasonable nonbusiness use of this system. On six occasions over almost two years, Kourosh Kenneth Hamidi, a former Intel employee, sent e-mails criticizing Intel's employmen... More...   $0 (07-11-2003 - CA)

In these two consolidated appeals, the plaintiffs, Norman Pelletier, and his wife, Reine Pelletier, 1 appeal2 from the summary judgment of the trial court, rendered in favor of the defendants, Sordoni/ Skanska Construction Company (Sordoni) and Professional Services Industries, Inc. (Professional Services).3 The plaintiff claims that the trial court improperly determined that neither Sor... More...   $0 (07-07-2003 - CT)

A public sewer maintained by the City of Los Angeles runs under property owned by John T. Barnard (and his wife, Virginia I. Barnard, who is included in our references to Barnard except where the context makes it clear we are referring only to him). In August 1993, the City discovered the sewer had deteriorated and caused Barnard's property to subside. In November 1995, Barnard retained the ... More...   $0 (06-25-2003 - CA)

Boser and Port were snowmobiling south of Minot on February 28, 1998. When Boser's snowmobile became inoperable, they towed it to a friend's home. Boser then rode as a passenger on Port's snowmobile into Minot. Boser was injured in an intersection accident when he was struck by a vehicle operated by Jay Hanson, whose direction of travel was governed by a yield sign. Boser sued Hanson(1) and Por... More...   $0 (06-25-2003 - ND)

Appellants Robert F. Dakin and his wife, Barbara Dakin, and Louis Hicks and his wife, Joan Hicks, seek review of a final judgment against them on their complaint alleging causes of action for nuisance, slander of title, trespass to real property, conversion, and injunctive relief against Appellees John Borgemeister and his wife, Peggy Borgemeister; Tara Investment Group, Inc. d/b/a Billboard... More...   $0 (06-09-2003 - FL)

In this toxic tort lawsuit, appellants brought claims for recovery of personal injury and property damages against appellees, Amoco Chemical Company, Amoco Gas Company, Amoco Oil Company, Amoco Production Company, Monsanto Company, Marathon Petroleum Company, and The Mercantile Bank St. Louis, N.A., as trustee for the MOTCO Trust Group and/or State Street Bank and Trust Company of Missouri, N.A... More...   $0 (05-30-2003 - TX)

In this case, plaintiffs seek to certify a class consisting of homeowners who were allegedly denied insurance benefits by 21st Century Insurance Company and 21st Century Casualty Company (both 21st Century) in the aftermath of the January 17, 1994 Northridge earthquake. The trial court denied plaintiffs' class certification motion, finding that common questions of law and fact did not pred... More...   $0 (04-24-2003 - CA)

This appeal arises out of an incident in which a North Carolina deputy sheriff knocked Edward Arthur Jones to the floor in the sheriff's office and then jumped on him, crushing Jones's nose, lacerating his lips and nose, and bruising his ribs. Prior to the deputy's use of force, Jones, although drunk and yelling obscenities, was unarmed and in a secured room; moreover, Jones maintains that... More...   $0 (04-15-2003 - NC)

We conclude the trial court erred. In an ac... More...   $0 (04-04-2003 - CA)

The City of Tulsa draws about one-half of the water for its municipal water system from Lakes Spavinaw and Eucha which are located approximately 60 miles from Tulsa. The watershed that feeds these two ... More...   $1 (03-25-2003 - OK)

1 Following a dog bite incident, Respondent City of Red Lodge ("City") filed criminal charges against the dog's owner, Appellant Barbara Miller, and obtained an order from Red Lodge City Judge Carol S. Anderson to seize and impound the allegedly vicious dog. The City served Miller with Judge Anderson's order and Miller elected to euthanize the dog instead of boarding it at a local veterina... More...   $0 (03-13-2003 - MT)

Thomas Williamson, Wynema Williamson, Terry Williamson, and Debi Walker Williamson brought suit against the City of Hays (City) and Western Plains Service Corporation (Western) for trespass, negligence, and injunctive relief based upon the collection, accumulation, and flow of water and other materials through a storm sewer drainage system over their property. The district court granted summary... More...   $0 (03-07-2003 - KS)

Desi's Pizza, Inc., Desi's Famous Pizza, Inc., Desi's Pizza WP, Inc., D.F.P. Franchising, Inc., Francis Desiderio, and Martin Desiderio (collectively the "plaintiffs") commenced this action against the City of Wilkes-Barre, Pennsylvania, and several city officials. The plaintiffs asserted that the defendants had violated their constitutional rights to due process and equal protection and had... More...   $0 (03-07-2003 - PA)

Lesaffre Yeast Corporation appeals from a summary judgment granted in favor of the Milwaukee Metropolitan Sewerage District (MMSD), dismissing its complaint against MMSD alleging inverse condemnation and nuisance. Lesaffre claims the trial court erred in granting summary judgment because it applied the wrong legal standards to reach its conclusion that MMSD was entitled to judgment as a matter ... More...   $0 (03-04-2003 - WI)