1. Ralph Wallis owns property with a pond located on it for raising fish. Wallis's property is across a county road from Bruce’s farm, where she has trained, bred, and boarded horses for 25 y... More...   $0 (11-30-2001 - GA)

On April 12, 1999... More...   $0 (11-27-2001 - OR)

De La O resides in the Sun Plaza Apartments, a housing unit owned by the Housing Authority of the City of El Paso ("HACEP"). Roberto Vasquez, a candidate for El Paso County Democratic Chair, sought to distribute literature and to engage in door-to-door campaigning at Sherman Oaks, another HACEP development. Vasquez does not reside in any HACEP facility. HACEP informed Vasquez that he could not c... More...   $0 (11-15-2001 - TX)

Neighbors to the Madison County fairgrounds fear the wished-for figure-eight auto racing will amount to "insanity at its finest."Darin Nelson & Son, Figure 8 Races in Adel, Iowa; Dallas County Fairgrounds, available at http://www.deziningwebz.com/figureeight/ (last visited October 23, 2001). This case presents a challenge to the county government's allowing such races during the county fair by the... More...   $0 (11-15-2001 - IA)

Ara Yardum ("Appellant") sued Andrew Scalese ("Appellee") for trespass, private nuisance, and negligence in connection with renovations to Appellee's condominium unit that Appellant alleges infringed upon the quiet enjoyment of his condominium unit that is located directly below the Appellee's. The trial court granted final summary judgment in favor of the Appellee from which the Appellant now app... More...   $0 (11-14-2001 - FL)

This case involves the relocation of a sixteen-inch natural gas pipeline, owned by Columbia Natural Resources, Inc. (hereinafter CNR), defendant below and appellant, that crossed certain tracts of land through easements obtained by CNR's predecessor in interest. The instant injunction action was filed by the Appellee, Quintain Development, LLC (hereinafter “Quintain”), to compel CNR to... More...   $0 (11-09-2001 - WV)

This case involves efforts to clean up three old dumps in the Bloomington, Indiana, area, that became contaminated with polychlorinated biphenyls (PCBs), dioxin, and other toxic chemicals over the years. The federal Environmental Protection Agency (EPA) and CBS Corporation (formerly Westinghouse, and now Viacom-- but we will call it CBS as the parties have done) reached agreement on a r... More...   $0 (11-06-2001 - IN)

In these consolidated cases, plaintiffs appeal as of right the January 19, 1999 and February 2, 1999 orders of the trial court granting defendants summary disposition on all counts as to all plaintiffs. Plaintiffs brought these actions against defendants on behalf of the estates of Marvin Corbin, age 17; Patrick Hoye, age 17; and Michael Hoye, age 13, following their drowning deaths in a storm... More...   $0 (10-26-2001 - MI)

This case arises from a dog attack resulting in tragic injuries to eleven-year-old Cody F. The attack occurred on a private road within a subdivision and was witnessed by Cody’s mother and sister. The respondents, property owners and association members in the Rancho Tehama Subdivision Association (RTA), owned access easements over the road. Respondents obtained favorable dispositions on... More...   $0 (10-19-2001 - CA)

Highlands Cove, L.L.C. (“defendant”) appeals from judgment entered upon the verdict of the jury, the trial court's order denying motion for judgment notwithstanding the verdict and/or new trial, and the trial court's order awarding attorney and expert witness fees. We affirm the judgment and remand for a new trial on damages only, and we affirm the trial court's order awarding fees in ... More...   $0 (10-16-2001 - NC)

Plaintiffs, respondents and cross-appellants Judy and William Hassoldt (the Hassoldts) own a piece of property in Redondo Beach, on which they operate a preschool called Der Kindergarden. The Hassoldts established a trust (the Yankee Trust), which owns the land and leases it to Der Kindergarden, Inc., a corporation. Neither Der Kindergarden, Inc., nor the Yankee Trust is a party to this litiga... More...   $0 (10-13-2001 - CA)

Several Plaintiffs, seeking class status, sued numerous tobacco manufacturer and trade association Defendants, alleging negligence, strict liability, fraud, misrepresentation, breach of warranty, antitrust violations, negligent and intentional entrustment, public nuisance, unjust enrichment, aggravated assault, Federal Racketeer Influenced and Corrupt Organization Act (RICO) violations, and Decept... More...   $0 (09-27-2001 - TX)

The Pascouets brought nuisance and invasion-of-privacy claims after GTE Mobilnet of South Texas Limited Partnership erected a 126-foot cellular phone tower 20 feet from their Bunker Hill back yard. We examine whether the Federal Telecommunications Act of 1996 preempts the Pascouets’ claims; we also review the jury’s findings against GTE and its assessment of nearly one million doll... More...   $322884 (09-13-2001 - TX)

Plaintiffs appeal the district court's holding that defendant, a sitting judge of an Ohio trial court, enjoyed judicial immunity from a suit for money damages. Plaintiffs allege that the judge ordered them arrested and brought before his court and then attempted to fine both and imprison one for contempt, in violation of their federal constitutional rights and rights under state law. The district ... More...   $0 (08-24-2001 - OH)

Congress has affirmed as a national goal “a decent home and a suitable living environment for every American Family.” 12 U.S.C. § 1701t. The United States Department of Housing and Urban Development (“HUD”) insures certain mortgages on single family homes (12 U.S.C. § 1709) to encourage private entities to lend money to home buyers who would otherwise not qualify for a ... More...   $0 (08-02-2001 - MN)

... More...   $0 (08-02-2001 - NC)

This case presents the issue of whether the Colorado Public Utilities Commission's (PUC) approval of electrical line upgrades by the Public Service Company of Colorado (PSCo) precluded claims by adjacent property owners for inverse condemnation, trespass, and nuisance against PSCo based on those upgrades. This case also presents the issue of whether the class-action complaint, filed by Mark and Er... More...   $0 (07-01-2001 - CO)

Torts — Negligence — Attractive nuisance — Unused residential swimming pool — Level of duty property owner owes to a child trespasser — Possessor of land subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land, when — Adult who attempts to rescue a child from an attractive nuisance assumes the status... More...   $0 (06-13-2001 - OH)

Plaintiffs, Larry and Choh-Ying Geddes, filed a complaint in the circuit court of Kane County against defendants, Mill Creek Country Club, Inc., and American Golf Corporation. The complaint contained actions for intentional trespass and intentional private nuisance based on errant golf balls hit onto their property from defendants' adjacent golf course. Following a bench trial, the trial court ent... More...   $0 (05-24-2001 - IL)

John and Margaret Kaech sued the Lewis County Public Utility District, No. 1 (PUD), claiming "stray voltage" harmed their dairy cows. The jury awarded Kaech $1,089,000. The PUD filed a notice of appeal and also moved for judgment notwithstanding the verdict (NOV) and for a new trial. The trial court denied the motion for judgment NOV, but granted the motion for a new trial ruling that the ... More...   $0 (05-18-2001 - WA)

Plaintiff-appellant Tommy Moore appeals from the district court's order granting summary judgment to defendant-appellee Texaco, Inc. Moore sought to hold Texaco liable for damage caused by oil spills from oil storage tanks previously located on Moore's property. Moore asserted claims of negligence, trespass, public and private nuisance and abatement, and unjust enrichment. The district court rejec... More...   $0 (04-03-2001 - OK)

The Village of Plainfield (village) filed a four-count complaint against American Cedar Designs (American), alleging that American was in violation of certain village ordinances. The trial court found the evidence insufficient on all but one count of the complaint, and the village appealed. We must determine whether the trial court erred in: (1) finding that American's use of its property did not ... More...   $0 (11-20-2000 - IL)

The issue before us is whether the district court erred in granting Defendant-Appellee's, Cimarron Insurance Company, Inc. ("Cimarron"), renewed motion for judgment as a matter of law regarding an insured's right under Texas law to recover for an insurer's alleged negligent investigation, handling, and settlement of an insured's claims. For the reasons set forth below, we affirm the district court... More...   $0 (11-01-2000 - TX)

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. sec. 9601 et seq., allows private parties to recover the costs they incur in cleaning up hazardous wastes. NutraSweet and Monsanto (collectively "NutraSweet") sued X-L Engineering and its president and principal shareholder, Paul Prikos (collectively "X-L"), for improperly disposing of h... More...   $673000 (09-08-2000 - IL)

Jimmy Gresham challenges an Indianapolis ordinance that limits street begging in public places and prohibits entirely activities defined as "aggressive panhandling." Gresham believes that the ordinance infringes his First Amendment right to free speech and his Fourteenth Amendment right to due process. The city considers the ordinance a reasonable response to the public safety threat posed... More...   $0 (08-31-2000 - IN)