PROPERTY: Summary judgment properly granted that County consented to ag covenant revocation, jury properly allowed to decide whether developer had notice of and failed to complete [Read more…]
Public road, 2 judges, anomalous rulings
PUBLIC ROAD: Different judgments by different judges as to same road anomalous but each addressed different sections based on records reflecting differing practices & histories, revisit of prior Opinion affirming 1st judgment barred by res judicata… Sherlock affirmed. [Read more…]
Zoning, special district, no sand/gravel
ZONING: Special district zoning pattern & regulations prohibiting sand & gravel mining properly adopted over claim of citizen petition gerrymandering, reverse spot zoning… no established property right to apply for new permit or amendment to existing permit, but remanded for consideration of takings claim as to [Read more…]
Justiciability, airport lease authority
JUSTICIABILITY: Ruling by Sherlock as to airport authority to lease land non-justiciable after Defendant decided not to lease… opinion & order. [Read more…]
DD commitment, community services availability
DD COMMITMENT: Clear & convincing standard retained rather than mental commitment standards… evidence of general conditions/practices at MDC properly excluded… actual rather than potential availability of community services properly considered… issue of overlapping recommitments and reversals of prior commitments settled by [Read more…]
DD commitment, pre-hearing acts, imminent risk
DD COMMITMENT: Pre-hearing behavior properly considered in assessing “imminent” threat… unavailability of community facilities properly considered… recommitment following group home placement and emergency commitment affirmed… Honzel affirmed. [Read more…]
DD commitment, imminent risk, evidence
DD COMMITMENT: Insufficient evidence of imminent risk requiring recommitment… Honzel reversed.
In 1/06 DPHHS petitioned for commitment of TP to MDC. Based on a [Read more…]