ZONING: Variance properly granted to allow replacement of burned 9-unit apartment building with three 3-unit buildings… Allison affirmed (memorandum). [Read more…]
Restrictive covenants, commercial gym
RESTRICTIVE COVENANTS: Injunction properly entered against commercial use of gym contrary to covenants… $60,150 attorney fees properly awarded to Plaintiff pursuant to covenants, also entitled to appeal fees… Eddy affirmed (memorandum). [Read more…]
Wrongful discharge, medical marijuana rehearing denied
WRONGFUL DISCHARGE: Rehearing of Opinion holding that failure to give notice of medical marijuana use constituted good cause for discharge denied… order. [Read more…]
Wrongful discharge, failure to notice medical marijuana
WRONGFUL DISCHARGE: Failure to give notice of medical marijuana use constituted good cause for discharge… Berger affirmed. [Read more…]
$1,014,001.50 verdict/judgment, easement nuisance
VERDICT/JUDGMENT: $1,014,001.50 ($600,000 for emotional distress, $400,000 punitives reduced to $114,000 per statutory cap, $300,001.50 attorney fees), injunction, neighbor nuisance (road easement and other misconduct). [Read more…]
Food distributorship, unjust enrichment
FOOD DISTRIBUTORSHIP: Buyer properly found to have agreed to pay $130,000 for business, unjustly enriched by $81,325 by operating after paying only $10,000 down, [Read more…]
Illegal execution, §1983 “color of state law”
ILLEGAL EXECUTION: Alleged misuse of state execution statute by law firm resulting in Sheriff facilitating attachment of property [Read more…]
Shooting range, nuisance, trespass
SHOOTING RANGE: Challenge not precluded by specific exemptions, neighbors may further develop civil public nuisance claim… private nuisance analysis should focus on [Read more…]
Settlement enforcement, $14,000, sex discrimination
SETTLEMENT ENFORCEMENT: Employer bound by $14,000 sex discrimination settlement agreement… affirmative relief between HRB and employer is not agreement-breaking modification… Spear. [Read more…]