ATTORNEY FEES: Declined $2,500 offer not “offer of judgment,” Defendant unsuccessfully argued “no contract” on appeal, fees properly awarded to Plaintiff as prevailing party… rehearing denied… order. [Read more…]
Archives for January 2010
Boundary, $27,104 v. $400,000 house removal
BOUNDARY: $27,103.50 to purchasers of lot encroached by adjacent owners due to unrecorded boundary change equitable, as opposed to removing house for $400,000… damages to be paid by seller who failed to record change… [Read more…]
Zoning, setback variance, modular home
ZONING: Actions to preserve setback variance for modular home rejected… Harkin affirmed (IOR I-3(d)(v)). [Read more…]
Environment/procedure, air permit affidavit
ENVIRONMENT/PROCEDURE: Untimely motion to amend affidavit challenging air quality permit related back to original affidavit, amendment wrongly denied… de novo review, not abuse of discretion, proper standard as to whether amended [Read more…]
Territorial integrity/procedure, pipeline electricity
TERRITORIAL INTEGRITY/PROCEDURE: Claims in 2nd action in 2nd county barred by claim & issue preclusion of ruling on same claim in 1st county of exclusive right to supply [Read more…]
Marital, post-appeal rulings, farm properties
MARITAL: Rulings by Stadler following first appeal of decree dividing farms affirmed… (IOR I-3(d)(v)). [Read more…]
DUI, marijuana, driving, snow-obscured plate
DUI: Sufficient particularized suspicion based on driving to stop marijuana smoker, beyond stated reason of snow-obscured plate… Salvagni affirmed. [Read more…]
DUI, community caretaker, stopped on shoulder
DUI: Patrolman had caretaker duty to determine if person outside car on shoulder in remote area of Interstate at dusk needed help or was in peril… observations provided [Read more…]
DUI, JP waiver form, 16-year-old, right to attorney
DUI: JP waiver form made clear that 16-year-old had right to attorney and he signed below affirmation that he did not want attorney, form clarified rather than made contradictory by JP crossing out inapplicable statements that attorney would be [Read more…]
Game, unlawful possession, trespass, search warrant
GAME: Charge of unlawful possession of game animals properly not dismissed… seasonal rules exempted from MAPA publication… officers’ entry onto property to post notice of [Read more…]
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