6 results for 'cat:"Municipal Law" AND cat:"Damages"'.
J. Marconi grants the motion for leave to amend a complaint brought by a pedestrian who was injured when he tripped due to a hole in a public sidewalk in Conway, New Hampshire. The pedestrian has the opportunity to include, in his complaint, allegations that satisfy the particularity requirement, which he has failed to achieve so far. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: May 3, 2024, Case #: 2022-0648, Categories: Insurance, municipal Law, damages
J. McDonald finds that claims seeking punitive damages concerning the administration of drainage districts were properly dismissed since plaintiffs conceded the county did not owe a fiduciary duty in administering the districts or providing engineering services, and punitive damages could not be sought in stand-alone claims. Affirmed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: April 19, 2024, Case #: 23-0866, Categories: municipal Law, damages
J. Stark finds the circuit court properly found in favor of the town in the homeowners' lawsuit seeking damages for flooding on their property they say was caused by the town's negligent repairs to a neighboring highway. The homeowners' claims are barred and preempted by the relevant statutes related to claims against municipalities over flooding caused by highway construction, in part because some of their claims, including for inverse condemnation, were untimely under one statute's three-year statute of limitations. The circuit court's summary judgment ruling in favor of the town stands, as does its dismissal of the homeowners' lawsuit with prejudice. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: December 5, 2023, Case #: 2022AP001567, Categories: municipal Law, Property, damages
J. Hutchison finds that the lower court partially erred in declaring that 54 firefighters were entitled to two years’ worth of compensation under a state law providing extra compensation for legal holidays. The city they sued incorrectly interpreted the law, which does create a fringe or wage benefit for firefighters that is protected by the Wage Payment and Collection Act, so the lower court needs to calculate how much they are owed over a five-year, not two-year, period. Affirmed in part. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: November 8, 2023, Case #: 22-185, Categories: Employment, municipal Law, damages
J. Hamilton finds that the lower court improperly dismissed a man's suit stemming from the village's acquisition of his property to use as a municipal park. While the man's house is gone and cannot be recovered, he may still seek due process damages if he can prove the village failed to provide required pre-deprivation notice and an opportunity to be heard. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 2, 2023, Case #: 22-3065, Categories: municipal Law, Property, damages
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J. Ross affirms the district court's dismissal of the developer's mandamus petition seeking approval of its conditional use permit application and damages. The city's approval of the application rendered the mandamus petition moot, and granting a petition for an alternative writ of mandamus does not constitute "giving judgment" under a state law governing mandamus damages.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: June 26, 2023, Case #: A22-1637, Categories: municipal Law, damages