VERDICT: Defense, no negligence by City as to skateboard death on steep subdivision trail. [Read more…]
Insurance, attorney fees, $200,000 UIM verdict
INSURANCE: Insufficient record to determine if Plaintiff’s request for fees under insurance exception was properly denied following $200,000 UIM verdict… both parties’ actions during entire process must be considered, not merely that insurer did not deny UIM coverage and Plaintiff sued before evidence sufficiently developed… disputed review standard clarified… Menahan reversed. [Read more…]
City negligence, public duty, skateboard death
CITY NEGLIGENCE: Public duty doctrine improperly applied to bar claims against City in skateboarder death on steep hill on subdivision-owned but City-approved walking path… Curtis/Allison reversed. [Read more…]
Interlocal agreement, repeal by referendum
INTERLOCAL AGREEMENT resolution was administrative act by City not subject to repeal by referendum… Plaintiffs not required to challenge referendum within 14 days of petition approval… suit not untimely based on laches… Ortley affirmed. [Read more…]
City negligence, skateboard death, subdivision path
CITY NEGLIGENCE: Reconsideration of ruling by Curtis that public duty doctrine bars claims against City stemming from skateboarder’s death on subdivision path in light of [Read more…]
City negligence, walking path skateboarder death
CITY NEGLIGENCE: No duty as to privately owned walking path in subdivision on which skateboarder was killed simply because of proximity to City owned bike path… public duty “detrimental [Read more…]
Discovery, “IME with contrast,” seizure disorder
DISCOVERY: Order by H. Brown allowing “IME with contrast” to determine whether seizure disorder may be attributable to non- [Read more…]
Zoning, power plant, spot zoning, mootness
ZONING: Claim of spot zoning from Agricultural to Heavy Industrial to accommodate power plant not mooted by amendment of unrelated zoning regulations, no quantifiable evidence adduced in support of argument that claim moot [Read more…]
Supervisory control, re-zoning/electric plant
SUPERVISORY CONTROL granted under urgency rationale in re-zoning/electric plant dispute to require Phillips to resolve remaining claims and issue final judgment, after which opponents can appeal and seek stay or injunction… order. [Read more…]