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Thursday, November 20 2014 |
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Two high-profile attorneys are engaged in a legal dispute over the removal of aspen trees in Aspen, Colorado.
Attorney Gerald Hosier is suing his neighbor, attorney Walter Stuart, after Stuart had trees cut down near the two men's property line so he could have a better view of Mount Sopris. According to court filings, Hosier contends the landscaper hired by Stuart removed 30 to 50 aspen trees, some of which were 90 feet tall and up to 70 years old. Hosier is seeking at least $1 million in damages -- the amount equal to the increase in land value as a result of the tree loss.
After the trees were cut, Hosier had PVC poles put in place to mark where the original trees stood. Now, Stuart is fighting to remove the poles. “This case boils down to one primary question: what damage was done to the plaintiff’s property,” Stuart's attorney, Daniel Bristol, wrote in a filing in support of the bid to have the poles removed. “In order to answer this question, the defendants and the jury should see what the property actually looks like.”
Responding to Stuart’s motion, Hosier's attorney, Matthew Ferguson, wrote that the defendants “simply do not want to be reminded of what they have done. They want to remove any reminder of the scarring to plaintiff’s land — they want to argue we cut down your forest — but, ‘Hey, we gave you a meadow.’”
Judge Gail Nichols of Pitkin County District Court has not yet ruled on the matter.
Source: aspendailynews.com |
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Wednesday, November 12 2014 |
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A federal judge in Texas ruled that The Sierra Club’s recent lawsuit against Texas power generator Luminant was "frivolous" and warranted the repayment of $6.4 million in legal fees to Luminant.
According to news reports, The Sierra Club had sued Luminant claiming that it had broken federal air pollution laws by emitting more soot and other particulates into the atmosphere than what permits allowed at one of their power plants. The Sierra Club was seeking $330 million in damages and $140 million in pollution control upgrades.
As it turns out, however, in its rush to the courthouse, The Sierra Club failed to take note of environmental reports issued by the Texas Commission on Environmental Quality (TCEQ) that concluded Luminant committed no Clean Air violations. As stated in his opinion, U.S. District Judge Walter S. Smith said, "Even with this knowledge at its disposal, plaintiff admitted that they failed to analyze or investigate the TCEQ investigation reports and filed suit. Consequently, after immense discovery, expense and use of judicial resources, this court found no evidence supporting any deficiency in the TCEQ's investigation reports."
Al Armendariz, Sierra Club's Beyond Coal campaign director, countered that the Club is “confident the court of appeals will reverse this decision.”
—Source: biggreenradicals.com |
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Wednesday, November 05 2014 |
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A family is suing a local pet store after claiming their daughter was injured by one of the store's puppies.
Lori Dewey of Toledo, Ohio, is suing The Family Puppy store for $25,000 in damages. In her lawsuit filed in Lucas County Common Pleas Court, Dewey says her 14-year-old daughter, Brandi, was left unsupervised with a Labradoodle puppy in a pen inside the store. During that time, the puppy allegedly jumped on Brandi, tearing her sweatshirt, and then bit her calf. The lawsuit claims that the scratch caused bruising and swelling and left a scar that Brandi is self-conscious about.
The owners of the store declined to comment, and the Dewey's attorney said they have received no response from The Family Puppy store following the filing of an incident report.
—Source: toledoblade.com (Ohio) |
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Wednesday, October 29 2014 |
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A Virginia woman is suing Busch Gardens, claiming she was trampled by other patrons during the Williamsburg, Virginia, amusement park's annual October Howl-O-Scream event.
According to news sources, Brittany Lipscomb, who was pregnant at the time, says she was "exercising due care for her own safety" and "all of a sudden and without warning at least two patrons were being chased through the park by the defendants' employees and agents with chain saws and in costumes." The chain saws were fake, but Lipscomb claims her injuries were real, causing her to "suffer concern, worry and emotional distress for the well being and safety of her unborn child."
Lipscomb's attorney confirmed that she has fully recovered from her "severe personal injuries" and her baby, now about 1-1/2 years old, is healthy. A Busch Gardens spokesman wrote in an email that the company does not comment on pending legal issues.
—Source: hamptonroads.com (Virginia) |
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Wednesday, October 22 2014 |
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A Michigan man is behind bars after robbing a Bank of America branch and leaving some helpful evidence behind: his ID card.
Rashah Amin Dean was charged by federal prosecutors with bank robbery after he was captured a short time after the police found his ID card in the grass outside the bank and matched his photo on the ID to the description of the robber caught on bank surveillance video. According to news sources, Dean was arrested a short time later during a traffic stop. Prior to being taken into custody, Dean allegedly ingested a large amount of cocaine, prompting officers to take Dean to the hospital for observation, where he admitted robbing the bank of $8,000 to pay off a $5,000 debt to drug dealers.
A subsequent search of two residences frequented by Dean resulted in police evidence of several thousand dollars, narcotics, a handgun and a Detroit Pistons ball cap that matched a cap worn by the robber.
—Source: mlive.com |
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