The court holds unconstitutional a state statute that provides immunity from nuisance suits to farms in designated agricultural areas. A county's approval of an application for an agricultural area gave the applicants immunity from nuisance suits. Neighbors of the applicants contend that the approva...

The court holds that two insurance companies breached their duty to defend a chemical distributor in a class action alleging personal injuries caused by toxic fumes from a warehouse fire. The court first holds that a pollution exclusion endorsement added to the distributor's policy with its primary ...

The court holds constitutional a local zoning ordinance prohibiting land removal businesses from expanding in surface area their existing excavated area by more than 25 percent unless they obtain a special use permit. The court first holds that it will analyze the case under the doctrine of substant...

The court holds that the pollution exclusion clause in a former hotel owner's general liability insurance policy bars coverage of personal injury claims brought by hotel guests who suffered carbon monoxide (CO) poisoning. The court first rejects the former owner's contention that the pollution exclu...

The court holds that a state environmental agency order notifying an insured that it is a potentially responsible party (PRP) for pollution and requiring remediation is not a "suit" triggering insurers' duty to defend under comprehensive general liability (CGL) policies. Under the policies, the insu...

The court holds that under South Carolina law, an insurer must indemnify its insured for gasoline damage caused to a third-party claimant's property if the insured's third-party liability policy was still in effect when the underground gasoline leak reached the claimant's property. The leak was disc...

The court holds that an action alleging that the U.S. Army Corps of Engineers adopted annual operating plans for the Missouri River for the 1995-1996 and 1996-1997 navigation seasons in violation of the National Environmental Policy Act is moot. The state and an environmental group contend that the ...

The court holds unconstitutional a state statute that allows out-of-state waste to be disposed of in Wisconsin only if the community where the waste originates adopts an ordinance that incorporates Wisconsin's specifications for recycling. The solitary difference between this law and an earlier law ...

Applying Delaware law, the court holds that a settlement agreement resolving product liability claims between nursery workers and a chemical company does not bar the workers' subsequent claim that the company fraudulently induced settlement. The original claims arose over the workers' use of the com...

The court holds that the slow-no wake motorboat speed limit regulations applicable to the St. Croix River in Minnesota and Wisconsin are not unconstitutionally vague. The regulations require motorboat operators to travel at a speed no faster than necessary to maintain steerage and in such a way as t...