The district court entered judgment on a jury verdict in favor of Daniel Martins and Coleen Martins against Interstate Power Company (Interstate). We transferred the case to the court of appeals and that court affirmed. We granted Interstate's application for further review. On further review, we consider one issue: Whether the district court erred in submitting a "pure nuisance" claim without an ... More...   $700000 (10-14-2002 - IA)

Plaintiff, the Village of Riverdale, filed a complaint for injunctive relief against defendants, Allied Waste Transportation, Inc., Suburban Warehouse, Inc., and Frank M. Ward, Sr., seeking to enjoin defendants from continuing to operate their waste disposal, storage and recycling facility. The complaint alleged defendants were operating the facility without obtaining the requisite permits and lic... More...   $0 (10-01-2002 - IL)

Appellant-plaintiff City of Gary, Indiana, by its Mayor, Scott L. King (“the City”), appeals the trial court’s dismissal of its suit against various handgun manufacturers, a handgun distributor, and various handgun dealers (collectively, “Appellees”). We affirm in part and reverse and remand in part. The City raises eight issues for our review, which we consolidate ... More...   $0 (09-20-2002 - IN)

1 This action was initiated in the Twentieth Judicial District Court, Lake County, by Robert Hanley (Robert) against his next-door neighbors, Keith and Sue Lanier (Laniers). Robert sought to recover damages related to alleged breach of building restrictions and interference with enjoyment of property. Laniers filed a counterclaim alleging, among other claims, that Robert interfered with Laniers'... More...   $0 (09-20-2002 - MT)

Richard and Mary Moore, Harold Offield, and Joyce Scott (Plaintiffs) are neighboring property owners in the Merle Jones Addition subdivision located in Chillicothe, Missouri. Plaintiffs sued Morris and Cherri Weeks, also property owners in the subdivision, to enforce restrictive covenants prohibiting the Weeks' use of their land for business purposes and to recover damages for nuisance. The trial ... More...   $0 (09-19-2002 - MO)

The Illinois Domestic Violence Act of 1986 (the Act) (750 ILCS 60/101 et seq. (West... More...   $0 (09-18-2002 - IL)

Rick Armstrong ("Armstrong") appeals the Lake Circuit Court's decision to grant Cerestar USA, Inc. f/k/a American Maize, Inc.'s ("Cerestar") Motion to Strike expert testimony submitted by Armstrong and Cerestar's Motion for Summary Judgment. Armstrong's issues on appeal are reordered and restated as: Whether the trial court abused its discretion when it granted Cerestar's Motion to Strike expert... More...   $0 (09-17-2002 - IN)

These are consolidated appeals from judgments of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) dismissing two putative class actions for forum non conveniens. Plaintiffs are residents of the Oriente region of Ecuador and an adjoining area in Peru. Defendant is Texaco, Inc. ("Texaco"), a United States-based oil company, which, at the pertinent time, w... More...   $0 (08-31-2002 - NY)

In this negligence action, the plaintiff, Frances Segreto, appeals from the judgment of the trial court rendered following the granting of the motion for summary judgment filed by the defendant city of Bristol (city) on its special defense of governmental immunity. The sole issue on appeal is whether the trial court properly determined that the city was entitled to judg-ment as a matter of ... More...   $0 (08-27-2002 - CT)

The Van Deusens sued their neighbors, the Seaveys, to enjoin a private nuisance caused by numerous sled dogs kenneled on the Seaveys’ property. The superior court denied an injunction. Did this denial collaterally estop the Van Deusens’ second lawsuit to enjoin the Seaveys? We hold that it does because the Van Deusens have not demonstrated that there was any genuine factual dispute... More...   $0 (08-23-2002 - AK)

Plaintiffs Craig and Kayla Ogborn sued the City of Lancaster (City) and individual city officials for various claims arising out of the City’s demolition of their rented home and its contents as part of a nuisance abatement program. The trial court granted summary judgment in favor of all defendants on the ground of qualified governmental immunity. We reverse the judgment in part and affi... More...   $0 (08-22-2002 - CA)

Anthropologie, a chain of pricey retail clothing stores, wanted to open a store in the wealthy Chicago suburb of Highland Park. So in 1996 it leased 13,000 square feet in a building, owned by BEM, that was under construction. The lease was to run for 10 years, at an annual rental of almost a quarter of a million dol-lars. Under the terms of the lease, Anthropologie's obliga-tion to pay rent... More...   $48000 (08-20-2002 - IL)

The controversy between plaintiff and the defendants began in April of 1995 with the application of an agricultural pesticide, Counter 15G (Counter), to acreage owned by defendant Marcia Freund and farmed by defendant Clarence E. Kloth, Jr. The pesticide, manufac... More...   $0 (08-14-2002 - IL)

Appellant Rancho Viejo, LLC sued respondent Tres Amigos Viejos, LLC for damages after water imported by respondent for irrigation flowed onto and damaged appellant's adjoining property. The trial court granted summary judgment in favor of respondent on the ground appellant's causes of action were barred by Civil Code section 3482.5,1 which exempts prescribed agricultural activities from nuisanc... More...   $0 (07-25-2002 - CA)

Plaintiff Royal Surplus Lines Insurance Company, Inc. ("Royal") and its insured, plaintiff 1915 Ocean Front Walk, LLC ("Ocean"), appeal from a judgment entered after the court sustained the demurrer of defendant Ranger Insurance Company ("Ranger"). Plaintiffs contend the court erred when it sustained the demurrer on the basis plaintiffs could not sue an insured and its insurer in the same acti... More...   $0 (07-17-2002 - CA)

Defendant's dogs killed plaintiffs' cat. The trial court found that defendant was negligent and awarded plaintiffs $1,000 in compensatory damages but denied plaintiffs' claims for negligent infliction of emotional distress and loss of companionship. Plaintiffs appeal, arguing that they should be compensated for emotional distress resulting from witnessing the death of their pet. We affirm. Al... More...   $0 (07-03-2002 - OR)

Villa De Las Palmas Homeowners Association (the association) filed suit against Paula Terifaj (Terifaj) to enjoin her from keeping her dog at the Villa De Las Palmas community apartment project (the project) where she owns a unit. The original complaint was based on a no-pets rule adopted by the association but not included in the project's recorded declaration of covenants, conditions, and res... More...   $0 (06-28-2002 - CA)

In this inverse condemnation proceeding, the Texas Department of Transportation ("TxDOT") and its named officials appeal the district court's final judgment in favor of the City of Sunset Valley and intervenors Terrance Cowan and Donald Hurwitz. In five issues, TxDOT contends that (1) Sunset Valley is not a "person," and is therefore not entitled to the protections of article 1, section 17 of the ... More...   $0 (06-14-2002 - TX)

Robert and Mary McQuary, husband and wife, purchased a farmowners-ranchowners policy from Farmers Alliance Mutual Insurance Company, which covered a tract of thirty-three acres on which their dwelling is located. The policy named Robert and Mary McQuary as the insureds. Mr. and Mrs. McQuary are the sole shareholders and officers of R&M Fleet Services ("R&M"), a company located on the same prop... More...   $0 (06-14-2002 - OK)

Presbyterian is located at the corner of Fifth Avenue and 55th Street in Manhattan. For several years, homeless persons have chosen to sleep on the Church's outdoor property. In February 1999, the Church officially designated two areas on its outdoor property upon which homeless persons are permitted to sleep at night. The first of these areas encompasses the landings at the tops of the staircases... More...   $0 (06-14-2002 - NY)

Defendants-Appellants the City of New York, Bernard Kerik and Rudolph Giuliani (collectively "the City") appeal from an opinion and order of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) entering a preliminary injunction in favor of Plaintiffs-Appellees Fifth Avenue Presbyterian Church ("Presbyterian" or "the Church") and ten homeless persons. ... More...   $0 (06-12-2002 - NY)

Gafcon, Inc. (Gafcon) sued its liability insurer Travelers Property Casualty Corporation (Travelers), Travelers' in-house law firm Ponsor & Associates, and Ponsor lawyer Roger von Kaesborg (collectively Ponsor) seeking, among other relief, a judicial declaration that (1) Travelers' use of employee attorneys to defend its insureds constitutes the unauthorized practice of law; (2) insurance comp... More...   $0 (06-07-2002 - CA)

The fol... More...   $0 (05-08-2002 - IL)

1. Bill's Distributing, Ltd., appeals an order in its action to recover damages for trees erroneously removed from its land. The trial court ordered that Wis. Stat. §26.09 (1999-2000) could not apply retroactively and that Bill's was not entitled to the restoration damages for its trees.1 Bill's argues that the recently amended version of Wis. Stat. §26.09 (1997-1998), the timber trespass statute,... More...   $0 (05-07-2002 - WI)

The People of the State of California and the City of Willits, California, (collectively, the state) brought this action pursuant to section 11580 against Certain Underwriters at Lloyd’s of London, and Certain London Market Insurance Companies (collectively, London Insurers). In bringing the action the state was attempting to collect a judgment for property damage caused by environmental... More...   $0 (04-24-2002 - CA)