SEWER ODOR: Supervisory control of McElyea’s denial of summary judgment on negligence and nuisance denied… Order. [Read more…]
Easement, $159,234.40, water well interference
EASEMENT: $54,610 compensatory damages, $56,500 punitives, $48,124.40 attorney fees & costs properly awarded for interference with water well easement… Cuffe affirmed (memorandum). [Read more…]
Garbage collection, competition, convenience/necessity
GARBAGE COLLECTION: PSC properly considered competition in determining public convenience & necessity, in contrast to prior practice of not considering competition until after finding public need… substantial evidence supported granting certificate… Krueger affirmed. [Read more…]
City sewer/water, payback fees for new hookups
CITY SEWER/WATER: Expert valuation testimony properly excluded for untimely disclosure despite untimely motions to exclude… jury properly instructed as to unjust enrichment… award for election of contract damages (versus negligence) proper in one respect, improper in another… amount of fees awarded ($140,980) unreasonable in light of minimal recovery/demand… Gilbert affirmed, reversed. [Read more…]
Order of protection, release of civil claims
ORDER OF PROTECTION: Denial of motion to dismiss POP based on release of civil claims not abuse of discretion…. McLean affirmed (IOR I-3(d)). [Read more…]
Procedure, answer amendment, mistaken admission
PROCEDURE: Defendant should have been allowed to amend answer as soon as mistaken admission was brought to his attention by motion for judgment on pleadings… Newman reversed (IOR I-3(d). [Read more…]
$11,943 verdict, contract, metals for recycling
VERDICT: $11,943, breach of contract for sale/purchase of metals for recycling. [Read more…]
Banking, lumber mill/wholesaler assignments
BANKING: Letter from bank president proffered in support of equitable estoppel claim properly excluded as not meeting estoppel elements, verdict that lumber wholesaler owed nothing to lender for alleged violation of assignments between mill and lender [Read more…]
Privacy in communications, disparaging Facebook
PRIVACY IN COMMUNICATIONS: Disparaging remarks on legislative candidate’s Facebook private page about her weight and appearance is protected speech, Justice Court conviction reversed… Deschamps. [Read more…]
TOP, stalking, discovery, dismissal w/o prejudice
TOP: Respondent wrongly allowed to subject Petitioner to discovery, which is not provided for in stalking statutes… TOP action properly dismissed without prejudice over contention for with prejudice as sanction for not attending deposition… [Read more…]