[¶1] Scott Marquis appeals, and Brent Sirois, Kent Berdeen, and Claudia Berdeen (collectively, the Berdeens) cross-appeal, from a judgment entered in the Superior Court (York County, Brennan, J.) affirming, after consolidating Scott Marquis’s two M.R. Civ. P. 80B appeals, decisions of the Town of Kennebunk Planning Board and Zoning Board of Appeals (ZBA). In their decisions, the Planning Board

This case concerns a dispute over the location of the Bartolo Escobeda Survey and the ownership of the minerals being produced by oil and gas wells being operated by Comstock Oil & Gas, LP. One of the defendants in the trial court is an Indian tribe that is immune from suit in state court. As to the remaining defendants, we affirm the trial court‟s summary judgment that the plaintiffs take nothi

Dell Cullum appeals the judgment awarding Dalene White actual and punitive damages on her libel claim and the permanent injunction entered as a pretrial sanction.

BACKGROUND

White is the owner of Diamond A Ranch in Leakey, Texas, which among other enterprises, operates an exotic game ranch. White and her family are well known in the community as long-time residents and ranchers. Whit

A jury convicted Angel Rodriguez of murder, but the state’s appellate court reversed after concluding that the evidence was insufficient. People v. Rodriguez, 312 Ill. App. 3d 920 (2000). He then filed a federal suit under 42 U.S.C. §1983, accusing two police officers of violating his constitutional rights by unduly influencing a witness to identify him as the killer. The district judge granted

Plaintiffs, Washington State Medicaid beneficiaries with severe mental and physical disabilities, appeal the district court’s denial of their motion for a preliminary injunction. Plaintiffs seek to enjoin the operation of a regulation promulgated by Washington’s Department of Social and Health Services (“DSHS�) that reduces the amount of in-home “personal care services� available under

Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar’s pre-shift activities were “preliminary,� that any work Kellar performed before her shift was “de minimis,� and that S

Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar’s pre-shift activities were “preliminary,� that any work Kellar performed before her shift was “de minimis,� and that S

Appellant, an automobile manufacturer who unsuccessfully defended a class action lawsuit for breach of express warranty, appeals the Superior Court’s decision to affirm the certification of the class by the trial court, and the amount of damages and litigation costs awarded to the class. Costs included a significant legal fee, entered pursuant to the Magnuson-Moss Warranty Improvement Act (the â

Plaintiff Donna R. Saterlee appeals from an order of the district court, issued by the magistrate judge on consent of the parties under 28 U.S.C. § 636(c), affirming the Commissioner’s decision to deny social security disability and supplemental security income benefits. This court independently reviews the * After examining the briefs and appellate record, this panel has determined unanimously

The city of Pawtucket, R.I., annually erects a Christmas display in a park owned by a nonprofit organization and located in the heart of the city's shopping district. The display includes, in addition to such objects as a Santa Claus house, a Christmas tree, and a banner that reads "SEASONS GREETINGS," a creche or Nativity scene, which has been part of this annual display for 40 years or more. Res

This case presents issues arising under the establishment clause of the First Amendment to the United States Constitution,1 and under article I, section 42 and article XVI, section 5 of the California Constitution. The question on which review was granted asks: Does a state law granting religiously affiliated organizations the authority to declare themselves exempt from historic preservation laws

David Teigen and Timothy Bennett (collectively, "Plaintiffs") filed suit pursuant to 42 U.S.C. § 1983, against Nolin Renfrow, former Director of Prisons for the Colorado Department of Corrections ("DOC"); Madline SaBell, former Director of the Human Resource Office of the DOC; and Joe Ortiz, Executive Director of the DOC (collectively, "Defendants"). Plaintiffs also named Ortiz and Gary Golder, A

This proceeding was instituted in the Circuit Court of Kanawha County by Sterling National Bank & Trust Company of New York, trustee, against Charleston Transit Company, Charleston-Dunbar Traction Company, Charleston Interurban Railway Company, and others, for the purpose of enforcing the alleged liens securing certain special assessment paving certificates issued by the City Council of the City o

Sewell R. Brumby appeals from an adverse summary judgment in favor of Vandiver Elizabeth Glenn on her complaint seeking declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 for alleged violations of her rights under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. Glenn claimed that Brumby fired her from her job as an editor in the Georgia General Assemb

Do principles of equity and fairness permit the redemption of property purchased by a judgment creditor at an invalid execution sale, though the statutory scheme characterizes execution sales as “absolute�? The answer is yes. Equitable redemption is available to those whose fundamental rights have been trampled. Citizens may not be dispossessed of their property by a “creditor� executing o

This is an appeal from the trial court‟s grant of a temporary injunction restraining George and Suzanne Russell from interfering with the Waterwood Improvement Association‟s (“WIA�) maintenance of Waterwood Parkway. Appellants argue that the trial court erred in finding that WIA established a probable right to recovery, in improperly restricting their right to free speech, and in drafting

¶1 James Coddington was tried by jury and convicted of First Degree Murder in the District Court of Oklahoma County, Case No. CF-1997-1500. He received the death penalty. This Court affirmed Coddington's conviction, reversed the sentence, and remanded the case for resentencing. Coddington v. State, 2006 OK CR 34, 142 P.3d 437. Coddington again received the death penalty after a resentencing trial

¶1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 § 5 to sup

For nearly thirty years, Edward Lee Elmore, a mentally retarded handyman, has been behind bars, mainly on South Carolina’s death row, for the January 1982 murder of Dorothy Edwards, an elderly woman who had sporadically employed him. The 28 U.S.C. § 2254 petition now on appeal, however, is part of Elmore’s very first effort to secure federal habeas corpus relief. The antecedent state proceedi

¶ 1. DOOLEY, J. Plaintiff David M. Lay appeals from the superior court’s order granting summary judgment to defendants William J. Pettengill, Elizabeth F. Novotny, and Daniel K. Troidl on his complaint. Lay’s claims stem from an internal investigation into his behavior as a state trooper and his subsequent resignation from the Vermont State Police (VSP). Lay argues that the su

Charleen Skyrme seeks certiorari review of an order denying her motion to amend her and her deceased husband's personal injury complaint to state an action for wrongful death and her motion to substitute herself, as personal representative of her husband's estate, as the plaintiff. We dismiss the petition for lack of jurisdiction. In December 2007, Bobby Skyrme and Charleen Skyrme filed a personal

This case involves one of the American West’s most iconic wild animals in one of its most iconic landscapes. The grizzly bear (Ursus arctos horribilis)—so named for the gray-tipped hairs that give it a “grizzled� appearance—is both revered and feared as a symbol of wildness, independence, and massive strength. But while grizzlies may inspire some sense of human vulnerability, history has

¶1 In 2009 Claimant, Kathleya Camp, filed an action against Employer, Curwood Inc., alleging cumulative injury to her arms, shoulders and neck as a result of many repetitive actions in building boxes and operating machines in her employment with Curwood. She began experiencing pain in her hands sometime in 2006 or 2007 which continued to worsen throughout 2007. When a supervisor inquired of Claim

This case involves a custody dispute between Charles V. Hernandez, the biological father of two minor children, and Janice Ausburn, the children’s maternal grandmother. The magistrate court granted shared physical custody to Charles and Janice. Charles appealed to the district court, which affirmed. We affirm the district court.

I.

BACKGROUND

Charles V. Hernandez and Kerri A

¶1 The City of Phoenix Board of Adjustment (“Board�) granted a use permit to American Outdoor Advertising, Inc. (“American Outdoor�) to operate an electronic billboard adjacent to Interstate 17.1 The Neighborhood Coalition of Greater Phoenix, along with Scenic Arizona,2 petitioned for special action in the superior court, asserting the billboard would violate Arizona Revised Statutes (“