WASTE DISPOSAL: As-applied challenge to licensing regulations properly denied for lack of standing… facial challenge improperly denied… Eddy affirmed, reversed. [Read more…]
Petroleum tank release, mandamus to review applications
PETROLEUM TANK RELEASE: County entitled to mandate requiring review of applications for reimbursement for costs of remediating damage caused by contaminants released from its tanks… Menahan reversed. [Read more…]
Insurance, failure to pay landscaping subcontractor
INSURANCE: Insurer had no duty to defend/indemnify contractor for claims by homeowners alleging negligence in failing to pay landscaping subcontractor… claims cannot be construed as construction defect property damage… Menahan affirmed. [Read more…]
Petroleum release fund, fees, costs, unjust enrichment
PETROLEUM TANK RELEASE COMP FUND: County’s request for attorney fees, costs, interest, unjust enrichment damages statutorily prohibited despite being “prevailing party”… Menahan affirmed. [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…]
Unauthorized practice, LLC member for LLC
UNAUTHORIZED PRACTICE: LLC’s assignment of claims to member does not permit the non-lawyer member to sue on behalf of LLC (first impression)… member also lacks standing to assert LLC’s claims… Ohman affirmed. [Read more…]
Insurance, townhouse developer, contractor’s policy
INSURANCE: Townhouse developer was not additional insured under contractor’s CGL policy… failure to pay landscaper relates to breach of contract, not “bodily injury,” “property damage,” or “personal & advertising injury” which might be imputed to developer… no duty to defend/indemnity developer for claims arising out of his failure to pay subcontractors… Menahan. [Read more…]
County road abandonment, landowners’ abutment
COUNTY ROAD ABANDONMENT: Decision to abandon part of road over landowners’ protest properly found on petition for writ of review to be supported by substantial evidence that road did not abut Plaintiffs’ property… Wald affirmed. [Read more…]
Petroleum tank release, statute of limitations
PETROLEUM TANK RELEASE: County not barred by general 5-year statute for submitting eligibility applications… case improperly remanded to Board to reconsider arguments it had rejected… Menahan affirmed, reversed. [Read more…]
Dig Law, salt water pipeline strike, defense verdict
DIG LAW defense verdict and rulings in insurer’s claim for reimbursement of damages from saltwater pipeline strike affirmed… Watters affirmed (memorandum). [Read more…]