Massachusetts Appeals Court, No. 13-P-354, April 3, 2014: Recreational use law from liability even when defendant gets economic benefit; no consumer protection liability either.
Linda Patterson brought suit after she was injured from a fall inside a historic church while she toured it. The Pattersons claimed the recreational use statute, M.G.L. c. 21, § 17C (current version [...]
Rhode Island Supreme Court, No. 2008-74, April 20, 2010
This case adjudicated the liabilities of Newport (easement holder) and the landowner/easement grantor (Preservation Society of Newport) for injury suffered by a member of the public while using the Cliff Walk easement. The court held that because the city had actual notice of dangerous instabilities in the ground [...]
Recent Past Preservation Network et al v John Latschar … Superintendent Of Gettysburg National Military Park et al
United States District Court for the District of Columbia
Case Number: 1:06-CV-02077-TFH, March 31, 2010
The Recent Past Preservation Network reports, “On March 31, 2010, a federal judge ruled in favor of the Recent Past Preservation Network in the lawsuit involving [...]
United States District Court, District of Utah, Central Division, Civil Nos. 2:08 CV586 DB
Settlement filed 03/30/10
This matter just settled. For news reports on the settlement of this litigation that challenged “a 2005 law that allows BLM to approve certain oil and gas projects without preparing new environmental analyses that would normally be required by the National [...]
SUPREME COURT OF PENNSYLVANIA
No. 12 WAP 2009, March 25, 2010
This decision interprets the Pennsylvania Donated or Dedicated Property Act [Act of Dec. 15, 1959, P.L. 1772 (as amended 53 P.S. §§ 3381-3386), “DDPA”]. “DDPA permits political entities to sell at least certain donated or dedicated property upon orphans’ court approval, subject to conditions, where the original [...]
United States District Court, D. Utah. Case No. 2:09-cv-435, No. 2:09-cv-440
February 17, 2010.
The US District Court for Utah held the Southern Utah Wilderness Alliance and other environmental and historic preservation advocacy groups (collectively, “SUWA”) are entitled to intervention as-of-right in litigation by various energy companies challenging the US Secretary of the Interior’s withdrawal of 77 leases [...]
Julie Weiss, et al., Plaintiffs, v. Dirk Kempthorne, Secretary, U.S. Department of the Interior, et al., Defendants.
United States District Court, W.D. Michigan, Southern Division.
January 15, 2010.
The Plaintiffs objected to the development of a “Jack Nicklaus Signature golf course”, part of which extends into a 74-acre public park that sits adjacent to Lake Michigan. In 1977, [...]
No. 01-08-00179-CV, Court Of Appeals Of Texas, First District, Houston, opinion issued February 4, 2010
In this case applying Texas’ Open Beaches Act (Tex. Nat. Res. Code Ann. §§ 61.001-.254) (“the Act”) the owners of several beachfront houses argued they should not be denied permits to repair their houses or forced to remove their houses after storms moved the beach vegetation line to the landward side of their structures. The issues included whether by common law a public easement existed on the beach, was it a rolling easement, did the Act required removal of the houses, and were the owners entitled to compensation for a taking. The Houston Court of Appeals concluded: Continue reading Brannan et al. v. State Of Texas et al.