In 1999, East Meadows entered into a Development Agreement with the ... More...   $0 (02-13-2003 - CO)

This appeal illustrates the tension that often arises when “modern development” occurs in what was once a quiet neighborhood. Anna Luensmann and her husband live in Guadalupe County in a home where Anna has lived since 1947. Edna Reininger lives nearby in a home she has occupied for the last twenty-six years. In May of 1999, Appellee Zimmer-Zampese & Associates... More...   $0 (02-12-2003 - TX)

The essential facts m... More...   $0 (02-12-2003 - TX)

Nuisance claims by 150 residents of Sylvester, West Virginia against Elk Run Coal Company relating to coal dust falling on their property as a result of mining operations by the defendant.... More...   $473000 (02-07-2003 - WV)

Defendant City of New York (the "City") appeals from a judgment entered in the United States District Court for the Eastern District of New York, following a bench trial before David G. Trager, Judge, ordering the City to pay plaintiff Christian R. Valencia ("Christian"), an infant represented by his mother and natural guardian, Teresa Franco (collectively "plaintiffs"), $385,000, on the ground th... More...   $0 (01-29-2003 - NY)

David Rivero sued numerous individuals and entities, including the American Federation of State, County and Municipal Employees and its Local 3299 (collectively, the Union). He charged the Union with libel, slander, conspiracy to libel, intentional infliction of emotional distress, and intentional and negligent interference with economic relationship. The Union filed a special motion to strike... More...   $0 (01-28-2003 - CA)

In November 2000, plaintiff, Randell L.D. Smith, filed a complaint against defendants, the Central Illinois Regional Airport (Airport), the Prairie Aviation Museum, and the Pantagraph, alleging that an annual air show sponsored and operated by defendants (1) created a nuisance (count I), (2) constituted a trespass upon Smith's property (count II), and (3) amounted to an inverse condemnation of his... More...   $0 (01-17-2003 - IL)

The plaintiffs and the defendants own adjacent waterfront property in Falmouth. The one thing on which they agree is that the defendants, Richard and Patricia Armstrong, opposed proposed renovations to the plaintiffs' house. The plaintiffs, Serpil and Yalcin Ayasli, claim that the defendants "engag[ed] in ... behaviors which were calculated to harass, intimidate, and coerce [them] into abandoning ... More...   $211000 (12-24-2002 - MA)

Leominster Materials Corporation (LMC) proposed to build a bituminous concrete (asphalt) plant and stone crushing facility on the land it leased in the town of Lancaster (town). The board of health of the town (board), by a letter to LMC dated July 10, 1997, determined that the activity proposed by LMC "may be a 'noisome trade' [ [FN1]] as that term is used in G.L. c. 111, § 143." [FN2] It further... More...   $0 (12-24-2002 - MA)

Magna Enterprises, Inc. (Magna) appeals the judgment against it in its action against Fidelity National Title Insurance Company (Fidelity) for breach of contract, breach of the implied covenant of good faith and fair dealing, and declaratory relief, contending the trial court erroneously found Magna had not suffered a lack of right of access to and from its land under its title insurance polic... More...   $0 (12-06-2002 - CA)

In December 1998, the County of Santa Fe ("County") filed suit in New Mexico state court against PNM seeking to enjoin construction of the powerline. The County alleged that the powerline project was in violation of its Land Development Code ("Code") because PNM had not obtained a required development permit and was not burying the powerline. After initially failing in an attempt to remove the cas... More...   $0 (11-27-2002 - NM)

In the early morning of May 18, 1995, eighteen-year-old Brian Catt was traveling southbound on County Road 200 East in Harrison Township, Knox County, Indiana. At that time there was only a slight mist or sprinkle. However, the night before, Knox County had experienced a torrential rainstorm. Proceeding down a small hill Catt saw mud in the road. As he advanced, Catt noticed that the road was out ... More...   $0 (11-26-2002 - IN)

This case raises several First Amendment issues, including one in which the circuits are substantially divided: namely, the extent to which prompt judicial review must be assured in adult-business licensing cases. Plaintiff Z.J. Gifts D-4, L.L.C. ("ZJ") brought an action under 42 U.S.C. § 1983 challenging the City of Littleton's ("City's" or "Littleton's") adult business ordinance as unconstitutio... More...   $0 (11-20-2002 - CO)

Plaintiff Terri Vinyard appeals from the district court's grant of summary judgment (1) to defendant Officer Patrick Stanfield individually on her § 1983 claim for excessive force during her arrest, and (2) to defendant Sheriff Steve Wilson individually on her fraud and § 1983 claims for failure to investigate her excessive force complaint. After review and oral argument, we conclude Sheriff Wilso... More...   $0 (11-15-2002 - GA)

The City of Chicago (City) and the County of Cook (County) (collectively, plaintiffs) filed suit against 18 firearm manufacturers, 4 firearm distributors and 11 firearm dealers (collectively, defendants). Plaintiffs' original complaint asserted one count for public nuisance and one count for negligent entrustment. The negligent entrustment count was dismissed. Plaintiffs' second amended complaint,... More...   $0 (11-11-2002 - IL)

This case involves the cleanup of the Wingate Superfund Site, a sixty acre stretch of land that became contaminated with hazardous waste as a result of the City of Ft. Lauderdale's operation of a landfill and incinerators on the property. The Broward Gardens housing complex, situated about one-fourth of a mile from the Wingate site, was constructed during the City's operation of the landfill. Afte... More...   $0 (11-08-2002 - FL)

The Circuit Court for Baltimore City granted a motion to dismiss a declaratory judgment action brought by Lawrence Polakoff; CFSP Limited Partnership ("CFSP"); Chase Management, Inc. ("Chase"); Stanley Sugarman, Sugarcorn Realty ("Sugarcorn"); and Homewood Realty, Inc. ("Homewood"), the appellants, against Brenda A. Hampton, individually and as mother and next friend of Brenda Hampton, a minor... More...   $0 (11-07-2002 - MD)

1 This is an appeal from the trial court's denial of Appellants, A.B. Luker and Virginia A. Luker, d/b/a Luker Farm Partnership (Lukers), request for injunctive relief requiring the Board of County Commissioners of Greer County (County) to repair a dike and restore the original drainage system around the west half of Section 7, Township 4 North, Range 21 West, Indian Meridian in Greer County, Okla... More...   $0 (11-07-2002 - OK)

Briefly summarized, the designated facts are that in 1995, Solar Sources, Inc. ("S... More...   $0 (11-04-2002 - IN)

Roof-Techs International, Inc. (Roof-Techs) appeals from the district court's decision to grant summary judgment in favor of The Law Company, Inc. and its insurance company, United States Fidelity & Guaranty Co.(Law); the State of Kansas (State); and Brent Bowman and Associates Architects, P.A. (BBA). The district court found Roof-Techs' claims were barred by the statute of limitations. Central Me... More...   $0 (11-01-2002 - KS)

This case involves the timeliness of a notice of claim under the Idaho Tort Claims Act ("ITCA"). The case comes before the Court following the district court's grant of summary judgment to the City of Challis. The district court dismissed the action on the ground that the Cobbleys had failed to timely file their claim for damages as required by the ITCA, Idaho Code section 6-906, within 180 da... More...   $0 (11-01-2002 - ID)

Sigma Chapter is the local chapter at Central Missouri State University of the Alpha Kappa Lambda national fraternity. The local chapter is an unincorporated association of students. Sigma Chapter of Alpha Kappa Lambda, Inc., is a Missouri not-for-profit corporation formed for the sole purpose of owning property and making it available for student use. The corporation bought the land in this case ... More...   $0 (10-28-2002 - MO)

Brian Catt was injured in a single-car accident occurring in the early morning hours of May 18, 1995, when his car slid into a ditch created by a washed-out culvert. He filed a complaint against the Board of Commissioners of Knox County ("the County"). The County responded with a motion for summary judgment alleging immunity under the Indiana Tort Claims Act ("the Act"). The trial court granted... More...   $0 (10-22-2002 - IN)

The defendant Bethel Holding Company appeals from the judgment, rendered after a trial to the court, awarding $270,000 in compensatory damages and $100,000 in punitive damages to the plaintiffs, Frank Franc and Anna Franc, for nuisance and the loss of lateral support for their properties.1 The plaintiffs have filed a cross appeal from that judgment. The defendant claims on appeal that (1) t... More...   $270000 (10-21-2002 - CT)

The Superior Court (Perkins, J.) vacated the decision of the Town of Alton Zoning Board of Adjustment (ZBA) granting a request for a special exception to the third party respondents, Richard and Gaye Holt. * * * The record supports the following facts. The Holts own a forty-four acre tract of land located within a rural zoning district along County Road in Alton. The plaintiffs, William and Mela... More...   $0 (10-16-2002 - NH)