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Wakefield Pork, Inc. v. RAM Mut. Ins. Co.

A Minnesota appellate court held that an insurance company had no duty to defend or indemnify a pig owner in an underlying lawsuit brought by his neighbor claiming injury and damage from manure odors. The neighbor's complaint fell squarely within the insurance policy's pollution exclusion, which onl...

Pasadena, City of v. Kinsel Indus., Inc.

The court held that under Texas law, recent legislative enactments waive, with certain limitations, immunity from suit for contract claims against local government entities. Hence, the court reversed and remanded lower court decisions denying a city's plea to jurisdiction in a case involving dispute...

Bethelite Community Church v. Department of Envtl. Protection

The court held that the lower court erred in granting a petition to annul a city's determination denying a church a full exemption from water and sewer charges. The lower court granted the petition without first affording the city an opportunity to answer. Accordingly, the case was remanded for furt...

Borg-Warner Corp. v. Flores

The Supreme Court of Texas dismissed a brake mechanic's negligence claim against his former employer for asbestos-related injuries. A plaintiff must prove that the defendant's product was a substantial factor in causing the alleged harm. Here, the mechanic's expert testified that brake mechanics cou...

Gallenthin Realty Dev., Inc. v. Paulsboro, Borough of

The Supreme Court of New Jersey held that the New Jersey Constitution authorizes government redevelopment of "blighted areas" only. The case arose after a town classified a 63-acre parcel of largely vacant wetlands as "not fully productive." This classification rendered it "in need of redevelopment"...

United States v. Massachusetts

The court vacated a lower court decision in favor of the U.S. government in their suit seeking to enjoin enforcement of a Massachusetts law designed to reduce the risk of maritime oil spills and to ensure that adequate resources are available to remedy such spills. The U.S. government filed suit aga...

Muzzy Ranch Co. v. Solano County Airport Land Use Comm'n

The Supreme Court of California held that an airport land use commission's adoption of a land use compatibility plan was exempt from environmental review under the California Environmental Quality Act (CEQA). CEQA exempts from further environmental review projects that have no potential to cause a s...

Nonnon v. New York, City of

New York 's highest court upheld a lower court decision denying a motion to dismiss individuals' lawsuit alleging that a city's negligence in creating and maintaining the Pelham Bay Landfill resulted in elevated levels of toxic substances that caused the individuals to develop acute lymphoid leukemi...

Fort Trumbull Conservancy, Ltd. Liab. Co. v. New London, City of

The court reversed a lower court decision holding that a conservancy group lacked standing under the Connecticut Environmental Protection Act (CEPA) to challenge a municipal development plan that called for the condemnation of property and demolition of buildings. The group sought to enjoin the plan...

Vogel v. New Jersey Dep't of Envtl. Protection

A New Jersey appellate court upheld the denial of a landowner's general permit application to build a single-family home on her beach property. The state agency concluded that the property is located within a dune. Consequently, it denied the permit under the New Jersey Coastal Area Facility Review ...