INVERSE CONDEMNATION: Use of right-of-way to maneuver vehicles out of driveway did not establish compensable property interest that was taken by highway widening, summary judgment should have been granted to [Read more…]
Archives for August 2012
Insurance/procedure, common law bad-faith
INSURANCE/PROCEDURE: Common law bad-faith claim barred by claim preclusion of Federal Court determination that only statutory claim pled under federal pleading rules and thus barred by 1-year statute, failure to amend to assert common law claim (with 3 year statute) defeats [Read more…]
Boundary, corrected COS, septic agreement,
BOUNDARY: Challenge of corrected COS, septic system agreement, order to pay half of surveyor’s fees properly rejected… Jones affirmed (IOR I-3(d)). [Read more…]
Boundary/attorney fees, sloughing mine boundary
BOUNDARY/ATTORNEY FEES: No meritorious defense to order requiring restoration of sloughing open-pit gold mine boundary despite sale of mine, primary issues precluded by law of case from prior appeal, takings [Read more…]
TIF, urban renewal, stadium debt
TAX INCREMENT FINANCING: Use of TIF funds to discharge stadium debt to effect acquisition by City was proper exercise of urban renewal powers… McLean affirmed (IOR I-3(d)). [Read more…]
Sentencing, parole restriction, deliberate homicide
SENTENCING: No parole for homicide Defendant not illegal or cruel/unusual… Sandefur affirmed. [Read more…]
Ineffective assistance, deliberate homicide
INEFFECTIVE ASSISTANCE claims by deliberate homicide Defendant against trial and appellate counsel properly rejected… Sherlock affirmed. [Read more…]
Title insurance, access exception, “public record”
TITLE INSURANCE: Examiner not negligent for excepting access in preliminary commitment even if old book in Clerk & Recorder’s vault is “public record” since it has not been maintained since 1916, contains no survey, legal description, or map of road, does not definitively resolve [Read more…]
SSD, panic disorder
SSD: ALJ Hartford improperly ignored or discounted significant evidence supporting panic disorder disability… remanded for reconsideration… Cebull reversed. [Read more…]
Drugs, medical marijuana, federal prosecution
DRUGS: Motions to dismiss federal marijuana prosecution based on MMA denied… Christensen. [Read more…]
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