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Thomas v. New York State Dep't of Correctional Servs.

The court denies a state correctional department's motion for summary judgment regarding complaints by two inmates that while employed in a state prison they were exposed to toxic substances and subjected to hazardous working conditions that violated their Eighth and Fourteenth Amendment rights. The...

Al Turi Landfill, Inc. v. New York State Dep't of Envtl. Conservation

The court holds that a state environmental agency properly denied a company's application for a permit to expand its municipal solid waste disposal facility. During the pendency of the application, the company was fined for federal tax-related crimes spanning several years, and its three principals ...

Boerman v. American Empire Surplus Lines Ins. Co.

The court affirms a district court decision that by failing to notify its insurer of a suit and subsequent judgment against it, a Michigan underground storage tank removal company did not trigger coverage or indemnification under its claims-made policy. Although the company never notified its insure...

520 E. 81st St. Assocs. v. State

The court holds that the proper method of determining just compensation for the state's temporary regulatory taking of 39 apartments requires not only the sale value of the property, but also interest on the sale value. In 1985, the owner of the 39 apartments planned to convert the apartments to con...

New W. Urban Renewal Co. v. Viacom, Inc.

The court holds that New Jersey's discovery rule does not toll a property owner's environmental contamination claims against the seller and, therefore, the claims are barred by the six-year statute of limitations. The owner purchased the property in 1983, and after conducting an environmental invest...

Webb v. Dallas, Tex., City of

The court holds that Texas' doctrine of sovereign immunity does not render the city of Dallas immune from a suit by the heirs of a landowner who bequested land to the city for use as a park. Under the bequest to the city, if the land was not used as a public park or if the park name was changed, the...

Madison v. Graham

The court affirms a district court's dismissal of individuals' substantive due process claims challenging the constitutionality of the Montana Stream Access Law. This law allows the use of all surface waters that are capable of recreational use without regard to ownership of the land underlying the ...

Stevenson v. E.I. DuPont de Nemours & Co.

The court holds that under Texas law, property owners can recover for trespass based on contamination by emission of airborne particulates. The only showing necessary is entry over land by some "thing." In addition, evidence in this case showed actual contamination of the property by the emissions. ...

Abraham v. Rockwell Int'l Corp.

The court holds that a defense contractor that operated the Rocky Flats Nuclear Weapons Plant in Colorado could recover under its contract with the U.S. Department of Energy (DOE) legal fees and other costs it incurred in a successful defense against environmental criminal charges brought against it...

Plummer v. Fruitland, City of

The court holds that a lower court erred in upholding a local ordinance that provided an exclusive garbage collection and hauling franchise to a sanitation company. A competing company filed suit against the city after one of its employees was arrested for violating the ordinance. The court first ho...