Recent Decisions
Archived
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In Minnesota Court of Appeals
A10-1596
A10-2135
Oluf Johnson, et al., Appellants, vs. Paynesville Farmers Union Cooperative Oil Company, Respondent.
Stearns County District Court, Hon. Kris Davick-Halfen.
Court's syllabus:
Chemical pesticide drifting from one farm to another because of errant overspray may constitute trespass.
Reversed and remanded. Judge Kevin G. Ross.
- Sierra Club v. Southwestern Electric Power Co
U.S. Court of Appeals Case No: 10-3452 and No: 10-3456
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Murphy, Author, with Wollman and Shepherd, Circuit Judges]
Court's unofficial summary:
"Civil case - Environmental Law. District court did not err in finding plaintiffs had standing to bring this action seeking to set aside a Clean Water Act permit; nor did the court err granting a preliminary injunction."
- Harvey Edwards v. City of Jonesboro
U.S. Court of Appeals Case No: 10-2405
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Colloton, Author, with Gruender and Shepherd, Circuit Judges]
Court's unofficial summary:
"Civil case - Section 1983. Rooker-Feldman doctrine did not apply to the claims related to injuries causes by invasion of plaintiff's land by methane gas emanating from defendant's land fill or to his just compensation claim under the Fifth Amendment; however, the claims were precluded by an earlier state court judgment and plaintiff could not avoid claim preclusion by including language in the state court complaint purporting to reserve his federal rights."
- In Minnesota Court of Appeals
A10-1025
State of Minnesota ex rel. Swan Lake Area Wildlife Association, relator, Appellant, vs. Nicollet County Board of County Commissioners, Respondent, vs. Marlin Fitzner, et al., intervenors, Respondents, vs. Minnesota Department of Natural Resources, third party defendant, Respondent.
Nicollet County District Court, Hon. John R. Rodenberg
Court's syllabus:
The district court did not abuse its discretion by ordering Nicollet County to establish a crest elevation of 973 feet above sea level for Little Lake and Mud Lake as an equitable remedy for the county's violation of the Minnesota Environmental Rights Act. The district court reasonably concluded that a crest elevation of 973 feet is in harmony with the concurrent authority of the county and the Department of Natural Resources to manage water levels pursuant to other statutory schemes. The district court reasonably concluded that the remedy sought by appellant, a crest elevation of 976 feet above sea level, would constitute an improper retroactive application of the Minnesota Environmental Rights Act. And the district court reasonably concluded that appellant's sought-after remedy would impose unnecessary hardships on the county as well as the owners of properties near the lakes.
Affirmed. Chief Judge Matthew E. Johnson
- In Minnesota Supreme Court
A07-1975
A07-2070
Greg Siewert, et al., Respondents, vs. Northern States Power Company, d/b/a Xcel Energy, Appellant.
Court of Appeals
Court's syllabus: (1) The filed rate doctrine does not preclude consideration of plaintiffs’ claims for injunctive relief or monetary damages. (2) The primary jurisdiction doctrine does not bar plaintiffs’ claims for injunctive relief to abate the nuisance resulting from stray voltage, or plaintiffs’ claims for damages. (3) The statute of repose does not preclude consideration of plaintiffs’ claims for monetary damages or for injunctive relief related to the maintenance, operation, or inspection of the electrical distribution system.
Affirmed. Justice Alan C. Page.
Concurring in part, dissenting in part, Chief Justice Lorie S. Gildea and Justice Christopher J. Dietzen.
Concurring, Justices G. Barry Anderson and Helen M. Meyer.
Took no part, Justice David R. Stras.
- A10-876
In the Matter of the Administrative Penalty Order (APO) Issued to Larry Cozzi
ROSS, Judge
This appeal arises from a dispute between a developer and the Minnesota Pollution Control Agency (MPCA) after the developer allegedly placed fill material on wetlands. The MPCA issued an administrative penalty order (APO) to Larry Cozzi for failing to apply for a stormwater permit, failing to comply with construction activity requirements, and improperly discharging waste. An Administrative Law Judge (ALJ) agreed with the MPCA and its commissioner affirmed the penalty. Cozzi appeals by certiorari, contending that the penalty is factually, procedurally and constitutionally infirm. We affirm
- Last
Updated
10/15/2010
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