EASEMENT: Summary judgment improperly granted to dominant tenement on non-use in light of grant language as to “any segment”… whether limited to logging to be determined by finder of fact… Lympus reversed. [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…]
Open meetings, neighborhood planning committee
OPEN MEETINGS: Neighborhood planning committee improperly held private meetings before being advised of violation, but residents thereafter had sufficient involvement, revised plan [Read more…]
Comp exclusivity, hand amputated in grain auger
COMP EXCLUSIVITY: No evidence from which a jury could infer that employer intended to cause amputation of employee’s hand in grain auger when he activated switch as the employee was clearing the auger… constitutional challenge rejected… Curtis. [Read more…]
Res judicata, zoning judicial review
RES JUDICATA: Zoning denial judicial review barred by voluntary dismissal with prejudice of factually identical petition filed 7 days [Read more…]
Obstruction, lesbian relationship, hostile witness
OBSTRUCTION: Defendant and partner’s lesbian relationship improperly referenced at trial… partner properly treated as hostile witness, although better practice to establish hostility on direct rather than prior to testimony… Lympus affirmed, [Read more…]
Zoning, mandamus, “undoing” CUP transfer denial
ZONING: Mandamus inappropriate for “undoing” gravel pit CUP transfer denial, judicial review adequate remedy despite lack of findings or filing of decision by Board… Stadler affirmed. [Read more…]
Zoning, CUP transfer denial, §1983, res judicata
ZONING: §1983 claims precluded by lack of protected property interest in discretionary CUP transfer… state tort claims barred by res judicata… Stadler affirmed (other grounds). [Read more…]