In Spur Industries, Inc. v. Del E. Webb Development Co., the owner of a livestock feedlot, Spur Industries, and the developer of a retirement community, Webb Development, the feedlot was affecting the residents of the retirement community. The feedlot was affecting the retirement community by the smell of the manure and the infestation of flies. Webb Development sued for an injunction against the further operation of the feedlot. Some facts of the case are as follows. Farming started in the area as early as 1911. Later on, the area developed into an urban area with several retirement communities. Spur Industries (Defendant), developed cattle feedlots in the area in 1956. Webb Development (Plaintiff), began developing an urban area near the feedlots. Webb Development filed a complaint in 1967 stating that the approximately 1,300 lots were unfit for residential development because of how close the …show more content…
Atlantic Cement, landowners with property adjacent to a cement plant sued Atlantic Cement. They sued alleging that dirt, smoke, and vibration from the cement plant caused nuisance. The trial court agreed and awarded damages, but rejected the request for an injunction to get rid of the problem. Some facts of the case are that Atlantic Cement Co. (Defendant) operated a large cement plant. The plaintiffs are the neighboring property owners. They filed suit seeking an injunction and damages for injury to property. The lower courts ruled that it was a nuisance, but found that the value of the Defendant’s operation outweighed the consequences of the injunction. The plaintiffs appealed this. The issue that arises is against current state policy, could a single recovery be had without the court issuing a permanent injunction? The appeal was successful and the court granted the injunction. This injunction will be vacated upon the payment of permanent damages to Plaintiffs. This payment would compensate them for present and future economic loss to their
1. Case name: Geringer v. Wildhorn Ranch, Inc., 706 F. Supp. 1442 - Dist. Court, D. Colorado 1988
AWI presented two arguments against the injunction, 1) that it fails to maintain the statutes quo, and 2) that it does not serve to cure the Plaintiff’s injury. The Court of Appeals first found that an injunction should attempt to preserve the period when there were no issues between the parties, which in this case, was when AWI pumped less water. Second, the Court of Appeals found that an injunction need not cure the Plaintiff’s injury, but instead should serve to guard against future injury. While AWI alone may not be causing the entire drawdown, stopping their pumping should increase the overall supply of groundwater. In general, the Court of Appeals found that the District Court correctly applied the law in granting the injunction. After Garetson, senior waters users will find that injunctive relief will be a strong and available tool in future water disputes.
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
Deere & Company (Deere) has been experiencing a decrease in its profit margins for one of its aftermarket resale products, specifically the gatherer chain, over the past couple of years. Currently, the cost-price ratio is at 80% compared to last year’s 50%. The purchase cost for the gatherer chain has been steadily increasing, while the aftermarket price has been decreasing. Deere has been budgeting its price to match that of a major competitor, which has been causing the decrease. The company’s main supplier of its gatherer chain is Saunders Manufacturing, with which Deere has established a long term relationship. The owner of Saunders has a reputation of being a tough negotiator, and is someone who is known for not willing to share financial information about the company. However, the U.S. Department of Commerce has provided financial estimates in Saunders’ industry as follows: material spend, 42%; direct labor, 16%; indirect labor, 6%; Overhead, 20%. These percentages are helpful to Deere because they can be used in the negotiation process with Sanders. Since Sanders will not share any specific cost information, Deere is able to use these estimates as a way to justify Sanders reducing its prices. Using these estimates during the negotiations might also incentivize Sanders to provide accurate numbers for its specific manufacturing costs.
Speakers of Sport INC is appearing in court for the filing of a diversity suit against ProServ INC. In the suit one sport agency (Speakers) has brought about charges against another (ProServ) for tortious interference within a business relationship. Speakers INC claims that ProServ INC interfered with their representation of a highly profiled baseball catcher name Ivan Rodriguez by promising him false enrichments of money in endorsements.
Various steps exist at the state level when filing suit against an organization. First Shirley Kovalchick filed a complaint for workers compensation benefits against South Baldwin Hospital after suffering a heart attack. The hospital must file an answer in response to the complaint. In the answer filed by the hospital, they categorically denied the claims posed by Shirley Kovalchick and asked the judge for a summary judgment, which ended the legal action without a trial. A summary judgment can be granted when the court determines that no dispute of issue or material fact exists (Cheeseman, 2013, p. 47). The next step in this case is to file an appeal where the higher courts determined that the lower courts should have reviewed the evidence prior to granting the summary judgment. The higher courts referred the case back to the lower courts for trail. The next step in the state court system is the discovery process. During this process both Kovalchick and South Baldwin Hospital will participate in the process to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many tools ...
Smith & Brown currently use Budgets and review meetings to measure performance and short-term financial targets to drive performance. Budgets use conventional performance measures which are focused on financial aspects where it seeks to explain the financial consequences of actions and decisions through the use of variance analysis, but it can not identify the causes or the source of bad financial performance. However, non-financial information has proven to address this problem, and has been incorporated in the balanced scorecard to help businesses measure its performance more effectively by providing management with information about what could be causing inefficiency in the production cycle and what could be the source of bad performance
Gregory Lee Johnson was among the people who were participating in the political demonstration to protest the policies of the President Ronald Reagan administration. During the march, Johnson burned an American flag; neither he nor others were hurt during the protest and burning of the flag. After Johnson publicly burnt the American flag, he was arrested and convicted of desecrating a flag in violation of Texas law. The court of Criminal Appeals overturned his conviction after the Supreme Court found that Texas law was unconstitutional.
This case arises from a November 14, 2010 fire, which damaged a Dunkin Donuts (the “Property”) owned and operated by the Plaintiffs. The Plaintiff’s had hired the Defendant to renovate the property. The fire occurred while the Property was closed for renovations, and the Defendant was in sole possession and control of the Property during the renovation. The fire originated at or near a gas-fired water heater that was located in a storage/utility closet at the Property. The Plaintiff asserts that the Defendant placed combustible materials near the hot water heater, which then caught fire. Accordingly, the Plaintiff seeks reimbursement of proceeds
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
Given the situation, as manager of the office, Sara must talk to Nell and tell her that she can not allow her to stay doing her work because she is not fit to comply with them due to her drunken state. However, you must ask her to leave the office and return the next day when she is already sober to talk about the particular situation.
Decisions: The 32 students were found guilty of the charges and the evidence given by law
Our team at Walton Sands are leaders in property management along the Emerald Coast. We have years of experience managing properties in the area. It is our knowledge and experience that sets us apart and enables us to offer comprehensive property management services, including the following:
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
Before the jury decides a verdict, the last step in the trial process is the closing arguments. There were no closing arguments because the parties had to settle on nine million dollars. They did this because the plaintiff’s attorneys went bankrupt due to this case and they couldn’t afford to invest any more money into the case. Beatrice Foods ended up being not liable for the deaths of children so they were allowed to leave the case. Due to this, only W.R. Grace had to settle with the plaintiff. Later on in 1988, Jan Schlichtmann brought this case to the EPA’s attention and the EPA decided to bring lawsuits against the companies. W.R. Grace and Beatrice Foods ended up having to pay for their huge mistake. They had to pay for the largest chemical cleanup in the Northeastern which cost sixty- four million dollars.