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River City Capital, Ltd. Partnership v. Board of County Comm'rs

The court held that under Ohio law, a landowner must exhaust his state remedies before proceeding with his takings claim against a county in federal court. Although Ohio does not have an inverse condemnation statutory cause of action, the owner has not filed a trespass action, a mandamus action, or ...

DiPirro v. Bondo Corp.

A California appellate court upheld a lower court decision finding that a manufacturer's product—automobile touch up paint—is exempt from the warning requirements of the California Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65. Because the paint contained toluen...

Starrh & Starrh Cotton Growners v. Aera Energy Ltd. Liab. Co.

A California appellate court reversed a lower court's award of damages in a cotton grower's suit against a neighboring oil company alleging subsurface trespass due to the migration of wastewater stemming from the company's oil production activities. The wastewater, pumped out of the deep ground in c...

Friends of Lagoon Valley v. Vacaville, City of

A California appellate court held that a city did not abuse its discretion in approving a residential and business development project. The city's land use plan envisioned business and residential development in the area. An environmental group argued that the project violated the plan because it wo...

In re Groundwater Cases

A California appellate court affirmed the dismissal of residents' claims against two groups of water purveyors—one regulated by the California Public Utilities Commission (PUC), and the other a group of public entity water suppliers—seeking damages for alleged contamination to their drinking wat...

Ellison v. Gambill Oil Co.

North Carolina's appellate court reversed and remanded a jury's award of $500,000 in compensatory and punitive damages to the owner of a well whose water was contaminated with gasoline due to leaking underground storage tanks at a nearby gasoline station. The trial court failed to instruct the jury ...

Rood v. Commonwealth Title Ins. Co.

The Pennsylvania Superior Court affirmed a lower court’s grant of summary judgment in favor of appellee title insurance company finding that the undisclosed existence of an abandoned septic tank was not a defect in title within the meaning of appellant’s title insurance policy. Title insurance p...

California Forestry Ass'n v. California Fish & Game Comm'n

A California appellate court denied a challenge by a group of trade associations to a trial court’s ruling that upheld the listing of two coho salmon populations as endangered and threatened under the California Endangered Species Act (CESA) (Fish & Game Code §§2050 et seq.). Under CESA, spe...

UFO Chuting of Haw., Inc. v. Smith

The Ninth Circuit held that a company's federal license allowing it to transport up to 12 passengers in "coastwise trade" off the coast of Maui as part of its parasailing business does not preempt Hawaii law prohibiting parasailing during limited portions of the year to protect mating humpback whale...

Laurel Sand & Gravel, Inc. v. Wilson

The Fourth Circuit upheld the dismissal of a mining corporation's lawsuit challenging the constitutionality of the Maryland Surface Dewatering Act. The Act imposes remedial measures on a licensed miner if a well within its "zone of influence" fails due to declining ground water or if damage was caus...