CITY WATER LEAK: City responsible only for repair of private water line serving single customer, not for monitoring or maintaining to prevent claimed $94,075.11 damages under theories of negligence, breach of contract, inverse condemnation… Souza. [Read more…]
Defense verdict, dog bite
VERDICT: Defense, dog bite, puncture wounds to hand and wrist. [Read more…]
Zoning, approved then disapproved pole barn application
ZONING: §1983 claims against Town for approval and then disapproval of application for pole barn dismissed… Wald. [Read more…]
Mobile home contract, declaratory judgment
MOBILE HOME CONTRACT: No private right of action under 2007 RISA, but purchaser entitled to declaratory judgment as to rights & obligations under Installment Sales Contract… Moses affirmed, reversed. [Read more…]
Mobile home sale, default, notice, surplus
MOBILE HOME SALE: Sale of defaulted home without notice of how sellers intended to dispose of it and accounting for surplus violated UCC, summary judgment for buyers improperly denied on grounds that Art. 9 no longer applied to Agreement after buyers vacated, resulting in verdict that Agreement terminated when buyers moved out… sellers may assert equitable estoppel but summary judgment on estoppel improper… Souza reversed. [Read more…]
Dispatcher timecard investigation, defamation
DISPATCHER TIMECARD INVESTIGATION: Abuse of process, defamation, Anti-Intimidation Act, spoliation, negligence claims of dispatch supervisor who was investigated but not prosecuted for timecard fraud properly dismissed on judgment on pleadings and summary judgment… Hayworth affirmed (IOR I-3(c)). [Read more…]
RISA, no private cause under 2009 version, mobile home
RISA: 2009 version does not confer private cause of action for challenge of mobile home contract… Todd affirmed. [Read more…]
Mobile home sale, re-sale surplus, UCC
MOBILE HOME SALE: Summary judgment that buyer not entitled to surplus from re-sale improperly granted on grounds that UCC Art. 9 no longer applied after Release was signed without first determining whether buyer was in default, improperly granted that Release satisfied strict foreclosure elements… Todd reversed. [Read more…]
UCC, mobile home default, resale surplus
UCC: Defaulting mobile home purchaser not precluded by Full Release of Contract from pursuing surplus purportedly realized upon resale… Souza reversed. [Read more…]
Dispatcher timecard investigation, abuse of process
DISPATCHER TIMECARD INVESTIGATION: Abuse of process, defamation, Anti-Intimidation Act claims of dispatch supervisor investigated but not prosecuted for timecard fraud dismissed on summary judgment. . . Hayworth. [Read more…]