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NC Appeals Court says DOT must pay landowners
Court News |
2015/02/25 10:50
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The North Carolina Court of Appeals says the state transportation department must pay some landowners whose property is in the path of a proposed road in Forsyth County.
Multiple media outlets reported that a three-judge panel of the court ruled Tuesday that a lower court was wrong to refuse to hear a lawsuit by 11 landowners who said the state's designation of their land in the proposed road's path hurt their property values.
There is no indication when the road might be built.
The 11 landowners say the state's designation of their property in the path of the planned road limits what they can do with the land.
The state attorney general's office is consulting with transportation officials on the ruling. They could appeal to the North Carolina Supreme Court.
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Court: Not disclosing HIV before sex is a misdemeanor
Court Watch |
2015/02/25 10:50
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An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.
The Court of Appeals said Terrance Williams didn't expose his partner "out of any malevolent desire" to give him the virus that causes AIDS, though he lied about having the infection and his partner did get sick. The court said the Syracuse man didn't show "depraved indifference," which is necessary to support the felony charge.
The judges declined to decide whether HIV infection no longer "creates a grave and unjustifiable risk of death" because of advances in medical treatment. Two lower courts had reached that conclusion while knocking down the felony indictment to the lesser charge.
The felony could have sent Williams to prison for seven years. He still faces the misdemeanor and a possible year in jail if convicted. |
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Court says Chuck Yeager can sue Utah gun safe company
Court News |
2015/02/16 12:33
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A federal appeals court says record-setting test pilot Chuck Yeager can sue a Utah gun safe company that named a line of safes after him.
The 10th U.S. Circuit Court of Appeals in Denver ruled Tuesday that the 91-year-old can sue Fort Knox Security Products over an oral agreement from the 1980s that allowed the use of his name and picture in exchange for free safes.
The decision says the arrangement ended around 2008, after Yeager's wife started asking questions about it.
The court dismissed some claims but ruled that Yeager can sue over claims that the company kept using his likeness after the agreement ended. The company disputes that accusation.
Yeager served during World War II and became the first person to break the sound barrier in 1947.
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Court nixes faith-based birth control mandate challenge
Court News |
2015/02/16 12:33
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An appeals court has ruled that the birth control coverage required by federal health care reforms does not violate the rights of several religious groups because they can seek reasonable accommodations.
Two western Pennsylvania Catholic dioceses and a private Christian college had challenged the birth control coverage mandates and won lower-court decisions. However, the U.S. 3rd Circuit Court ruling Wednesday said the reforms place "no substantial burden" on the religious groups and therefore don't violate their First Amendment rights.
All three groups — the college and the Pittsburgh and Erie dioceses — are mulling whether to appeal to the entire 3rd Circuit Court of Appeals or the U.S. Supreme Court.
"Such a ruling should cause deep concern for anyone who cares about any First Amendment rights, especially the right to teach and practice a religious faith," Pittsburgh Bishop David Zubik said in a statement. "This decision says that the church is no longer free to practice what we preach."
At issue is an "accommodation" written into the Affordable Care Act that says religious organizations can opt out of directly providing and paying to cover medical services such groups would consider morally objectionable. In this case, that refers to all contraceptive and abortion services for the Catholic plaintiffs, and contraceptive services like the "week-after" pill and other medical coverage that Geneva College contends violate its anti-abortion teachings. The school in Beaver Falls is affiliated with the Reformed Presbyterian Church.
Justice Department lawyers have argued the accommodation solves the problem because it allows religious groups to opt out of directly providing such coverage. But the plaintiffs contend that merely filing the one-page form, which puts a religious group's objections on record with the government, violates their rights because it still "facilitates" or "triggers" a process that then enables third-party insurers to provide the kind of coverage to which they object. |
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Court hearing could speed way for Revel casino sale
Attorney News |
2015/02/09 15:39
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The Florida developer buying Atlantic City's former Revel Casino Hotel could find out by the end of the day Monday how much longer he'll have to wait for it.Glenn Straub agreed late Sunday night to extend the deadline for his $95.4 million purchase to be completed.
The sale was supposed to close on Monday.Instead, U.S. District Court Judge Jerome Simandle will hold a hearing at 3 p.m. to hear from former tenants at Revel, including the popular HQ nightclub and celebrity restaurants, as well as the building's sole utility service provider.
The tenants say their $16 million investment should be considered before the court lets Straub buy Revel free and clear of their leases. And the power plant is seeking assurances its unpaid bills and debt from its construction will be paid.
Though much of the urgency of Monday's hearing has been avoided by Straub's willingness to wait, it still has the potential to resolve the most contentious issues standing in the way of Revel's sale.
ACR Energy Partners is threatening to cut off electricity, heat, air conditioning and water to the building if its debts are not paid.
They intended to pull the plug last Thursday, but agreed to keep the power flowing at least until Wednesday when a bankruptcy court judge will consider the issue.Revel and ACR say they are working toward a resolution that could eliminate the need for Wednesday's hearing. |
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