PROPERTY: Partly built horse barn properly ordered removed based on sales documents, regulations, covenants, no need to apply “negative easement” analysis… modification of CUP properly denied as detrimental to “health, safety, peace, [Read more…]
Archives for December 2012
Discrimination, same-sex couples
DISCRIMINATION: General challenge of denial of protections/benefits to same-sex couples that are available to different-sex married couples rejected as overly broad, but Plaintiffs allowed to amend to challenge specific statutes… Sherlock affirmed, reversed. [Read more…]
Drugs, medical marijuana patient search
DRUGS: Initial consensual search of medical marijuana patient’s house proper based on neighbor’s tip, need for probable cause determination for subsequent warrant obviated by consent, [Read more…]
Violent offender registration, arsonist
VIOLENT OFFENDER REGISTRATION for arsonist not violative of privacy right… Knisely affirmed. [Read more…]
Assault with weapon, veteran PTSD
ASSAULT WITH WEAPON: Veteran waived right to appeal exclusion of PTSD diagnosis by failing to reserve it prior to entering guilty plea… 10 years suspended for threatening to [Read more…]
Speedy trial, implicit findings per Prosecution
SPEEDY TRIAL claim denial supported by implicit findings as stated in Prosecutor’s argument over claim of failure to analyze Ariegwe factors… unlawful restraint conviction affirmed… Todd affirmed (IOR I-3(d)). [Read more…]
$4,725,000, subdivision loan breach, $1,890,000 fees
VERDICT: $4,725,000, subdivision loan breach, $1,890,000 fees based on 40% appeal contingency and successful appeal to disqualify bank’s original counsel, $2,194 costs, $58,278 interest. [Read more…]
Disability discrimination, airline passenger
DISABILITY DISCRIMINATION: TRO granted staying MHRB proceeding on airline passenger’s complaint pending decision on airline’s motion for preliminary injunction and question of federal preemption…. Lovell. [Read more…]
Settlements
Plan I
David Kulawinski, low back, 9/11, disputed, $12,500, stipulated judgment; Eric Rasmusson for Kulawinski, Kelly Wills for MCCF
Carol Harrison, low back, 8/10, $27,453, Steve Carey [Read more…]
Hospital negligence, CPA, credentialing, birth brain
HOSPITAL NEGLIGENCE: OB with hospital privileges not agent for 1-time delivery, no joint venture… only acts or practices in conduct of entrepreneurial, commercial, or business aspects of hospital actionable under CPA (1st impression), negligent [Read more…]