157 results for 'filedAt:"2023-08-02"'.
J. Anderson partially reverses the Court of Appeals' decision on a Clean Water Act permit for the proposed copper-nickel mine. The Minnesota Pollution Control Agency's issuance of the permit was arbitrary and capricious, with several "danger signals" suggesting that it did not adequately consider the potential of a proposed mine to cause or contribute to an exceedance of water quality standards within the Lake Superior watershed. The permit also does not comply with a state law prohibiting discharge of industrial waste to the groundwater "unsaturated zone," but a prohibition on injecting polluted water directly to the groundwater "saturated zone" for long-term storage does not apply. The permit is remanded to the Minnesota Pollution Control Agency for further proceedings. Reversed in part.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: August 2, 2023, Case #: A19-0112, Categories: Administrative Law, Environment
J. Hudson finds that the murder defendant's Sixth Amendment right to confrontation was not violated by the admission of the dying declaration of the murder victim, and that the district court did not err in finding that the defendant had waived his Fifth Amendment right to counsel when he began talking to police of his own volition, having had his Miranda rights repeated to him, after requesting counsel. There is also not a reasonable possibility that prior-bad-act evidence significantly affected the jury's verdict, even if it was erroneously admitted. Affirmed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: August 2, 2023, Case #: A22-0868, Categories: Confrontation, Miranda, Murder
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J. Gordo finds that the trial court properly granted the condominium association’s motion to dismiss this contract dispute. The construction firm failed to meet presuit requirements. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 2, 2023, Case #: 3D22-1796, Categories: Contract
J. Gerber finds that while the court erred in preventing defendant from attempting to elicit testimony from the victim or argue to the jury that someone else had raped the victim. However, the error was harmless beyond a reasonable doubt as there was sufficient evidence to support the rape conviction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: August 2, 2023, Case #: 4D21-2325, Categories: Evidence, Sex Offender
J. Damoorgian finds that the trial court improperly dismissed this action brought by the condominium owner against the condominium association alleging breach of fiduciary duty. The court mistakenly believed that no further judicial action was required. Reversed.
Court: Florida Courts Of Appeal, Judge: Damoorgian, Filed On: August 2, 2023, Case #: 4D22-1692, Categories: Fiduciary Duty
J. Gerber finds that the trial court ruled properly in this divorce litigation. The former husband is liable for the prejudgment interest accrued on the lump sum amount due to the former wife. However, the court is to correct the prejudgment's interest accrual rate. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: August 2, 2023, Case #: 4D22-1769, Categories: Family Law
J. Scales finds that the trial court ruled properly in this negligence dispute between neighbors related to water damage. There is no evidence the judge abused its discretion in denying the property owner’s motion to amend their complaint. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: August 2, 2023, Case #: 3D22-1102, Categories: Negligence
J. Gordo finds that the trial court properly dismissed the homeowner’s motion against the power company for punitive damages after they accidentally put a powerline on his property. The homeowner failed to show the misconduct was intentional. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 2, 2023, Case #: 3D22-1534, Categories: Damages, Negligence
J. Tufte finds that the district court properly issued an order in a quiet title action for oil and gas leasehold interests. The district court was correct in concluding that a company’s leases terminated under their terms when production ceased and they failed to timely commence reworking
operations. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 2, 2023, Case #: 2023ND142, Categories: Energy, Property, Contract
J. DeWine finds that the Board of Tax Appeals erred when it determined the majority of the oil and gas company's fracking equipment does not qualify for a tax exemption because under the revised version of Ohio's relevant tax exemption, the equipment qualifies either as something used "directly in the production of oil or gas" or a "thing transferred" during the extraction process. Therefore, all of the equipment presented by the company is entitled to tax exempt status, except for its data van, which is a motor vehicle unrelated to the production process and not enumerated in the statute. Reversed in part.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: August 2, 2023, Case #: 2023-Ohio-2598, Categories: Energy, Tax
J. Hawkins finds that the district court properly entered a sentence for two counts of aggravated sexual abuse of a child in a case in which the district court applied a four-level enhancement because “the victim was abducted.” The victim was “abducted” under the plain meaning when defendant forced her from the roadside where he encountered her into a nearby cornfield to perpetrate the sexual assault. Affirmed.
Court: 9th Circuit, Judge: Hawkins, Filed On: August 2, 2023, Case #: 22-10044, Categories: Sentencing, Sex Offender
J. Hamilton finds that the lower court improperly dismissed a False Claims Act suit alleging the telecom company charged schools and libraries more for services than allowed under the Schools and Libraries Universal Service Support program. The relator identified enough specific evidence of discriminatory pricing to allow a reasonable jury to find that the company charged schools and libraries more than similarly situated customers. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 2, 2023, Case #: 22-1515, Categories: Communications, False Claims
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
J. Tufte finds that an order involving the return of two children to North Dakota in a divorce action is not appealable. The matter is dismissed because the order requiring the mother to return her children to North Dakota is not within the North Dakota Supreme Court’s jurisdiction.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 2, 2023, Case #: 2023ND145, Categories: Family Law, Jurisdiction
J. Getty disagrees with the lower court’s granting of summary judgment to condo owners who disagreed with their neighbor’s exterior alterations to his own condo based on an implied homeowners’ association law that requires any owner to get written approval before making such changes. However, a declaration made in 1978 did not create the subject community under that homeowners’ law, and thus, the neighbor is not subject to that law. Vacated and remanded.
Court: The Appellate Court of Maryland, Judge: Getty, Filed On: August 2, 2023, Case #: C-23-CV-20-000194, Categories: Property, Real Estate, Contract