VERDICT: $13,461.17, child bitten by pit bull. [Read more…]
Mootness, garbage disposal application withdrawal
MOOTNESS: Garbage disposal application action properly dismissed as moot after applicant withdrew despite protestors’ desire for it to continue so they can challenge PSC’s actions in calling & questioning witnesses… McLean affirmed. [Read more…]
Easement, large gateway built by dominant tenement
EASEMENT: Challenge to express easement that was matter of public record, clearly depicted, referred to in multiple public documents rejected, but Defendant not entitled to equitable attorney fees as Plaintiffs had to engage legal process to enjoin Defendant/dominant tenement’s construction of new entryway gate with large triple posts and contemplated arch which impedes access to easement and impairs viewshed… gate structure ordered removed, ground restored… Ulbricht. [Read more…]
PSC, garbage collection ex parte communications
PSC: Writ of prohibition properly issued barring PSC from propounding discovery requests in garbage collection case following ex parte communications between staff attorney and counsel for opponents, but writ of mandate improperly issued removing entire PSC from case and ordering independent hearing examiner… Reynolds affirmed, reversed. [Read more…]
PSC, “data requests,” ex parte, garbage application
PSC improperly issued “data requests” to opponents of waste disposal application. . . staff attorney appointed to resolve discovery disputes improperly engaged in ex parte communications with applicant. . . PSC ordered to appoint independent hearing examiner to hear application. . . Reynolds. [Read more…]
PSC data requests, waste disposal application
PSC acting outside authority in engaging in discovery in waste disposal application by submitting data requests to opponents. . . TRO issued. . . Reynolds. [Read more…]