DRUGS: Warrant application informants reliable, information not stale, suppression of house search properly denied… Pinski affirmed (IOR I-3(c)). [Read more…]
Clean Indoor Air, casino smoking structures
CLEAN INDOOR AIR: Smoking structures attached to casinos are “enclosed public places” subject to CIAA notwithstanding “vents,” enforcement not precluded by purported judicial admission, estoppel… fees improperly awarded to owners who prevailed at preliminary injunction stage but lost on merits… Pinski reversed. [Read more…]
$6,666.91 attorney fees, bullying injunction motion
ATTORNEY FEES: $6,666.91 for defending against Board of Health’s “legal bullying” motion for preliminary injunction against smoking shelters… balance of fees requested not justified under UDJA or equitable exception to American Rule… Pinski. [Read more…]
Indoor Clean Air, smoking shelter/clubs
INDOOR CLEAN AIR: County’s prior admissions that “roofed smoking shelters” are “partially open to the outside air” dispositive under UDJA that smoking club shelters are not “enclosed rooms” or “places of work” under MCIAA… Pinski. [Read more…]