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The court granted defendants motion for summary judgment in plaintiffs §1983 action seeking damages for the loss of his building as well as for personal property in the building after city ordered demolition of the building as a threat to public safety when part of the front of the building collapsed because plaintiff never identified a policy, custom or practice of the city that caused any constitutional violations, plaintiff took ad-vantage of his post-deprivation remedies and nothing in that process was inadequate and it was just
Objection to employer hospitals vaccination requirement for employees not religious in nature, and therefore not subject to protection, where alleged religious beliefs were mere rejection of scientific consensus rather than an attempt to address deep questions. Order of the district court affirmed.
The trial court did not err in setting aside an upset sale of taxpayers property where the Fayette County Tax Claim Bureau failed to make reasonable efforts to locate the imprisoned taxpayer after a certified mailing was returned unclaimed. The appellate court affirmed the trial courts order setting aside the tax sale.
Trial court erred in imposing city parking tax liability on former corporate officer under trustee ex maleficio doctrine, where evidence demonstrated that former officer lacked responsibility or control over disbursement of corporate funds to pay taxes. Order of the trial court reversed.
The court properly dismissed a breach of contract matter where the plaintiff waived the right to dispute defendants preliminary objection based on the statute of limitations, and where the face of the complaint indicated the claim was time-barred.
Court granted defendants motion to dismiss in childs action against school and school officials for her injuries when she was attacked and beaten by a bully at school because the school took no action that would sustain a state-created danger theory and she asserted no credible school policy or custom to support a Monell theory of liability. Motion to dismiss granted.
Trial court properly found that appellant did not meet its burden of overcoming water authoritys prima facie case that authoritys assessment of 12 additional EDUs was warranted, where appellant bought lot one after a business campus was subdivided and argued that all of the EDUs assigned to the business campus belonged to lot one, because the agreement between the authority and the business campus clearly assigned 3.06 EDUs to lot one. Affirmed.
Trial court erred in denying continuance to taxpayers when citys concurrent failure to appear for trial warranted entry of non-suit. Order of the trial court vacated.
Defendants assertion of qualified immunity defense insufficient to warrant blanket stay of discovery against all defendants, or to preclude third-party discovery against defendant asserting defense. Defendants motion to stay discovery denied.
Publication Date: 2018-01-02 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Elliott Attorneys:For plaintiff: for defendant: Case Number: 17-1887
Commonwealth could compel defendant to provide password to defendants encrypted computer under foregone conclusion exception to right against self-incrimination, as the computers encrypted status established the existence of the password, and defendants ownership and sole use of the computer meant that he was in possession of an authentic password. Order of the trial court affirmed.