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NY can seize property for new NJ Nets arena
Court Feed News | 2009/11/25 11:58

New York's top court ruled Tuesday that the state can use eminent domain to force homeowners and businesses to sell their properties for a massive development in Brooklyn that includes a new arena for the New Jersey Nets.

In a 6-1 ruling Tuesday, the Court of Appeals said the Empire State Development Corp.'s finding that the area was blighted was enough to justify taking the land.

A group of tenants and owners claim the seizure is unconstitutional. They argue that developer Bruce Ratner's proposed $4.9 billion, 22-acre Atlantic Yards project mainly enriches private interests, while the state constitution requires public use for taking land.

"The constitution accords government broad power to take and clear substandard and insanitary areas for redevelopment," Chief Judge Jonathan Lippman wrote for the majority. "In so doing, it commensurately deprives the judiciary of grounds to interfere with the exercise."

Ratner's proposed development includes office towers, apartments and a new arena for the NBA's Nets. A key element in his plan is selling majority team ownership to Russian entrepreneur Mikhail Prokhorov.



Arizona union challenges law changes on teachers
Court Feed News | 2009/11/24 16:53

The state's largest teachers union is asking the Arizona Supreme Court to rule that recently enacted legislation affecting public school employees is unconstitutional.

A special-action lawsuit filed Monday by the Arizona Education Association challenges legislation dealing with such topics as teachers' seniority rights in layoffs and deadlines for school districts to decide whether to renew contracts.

The AEA contends the legislation approved last summer was illegal on several grounds. The union says it wasn't included as a topic for a special legislative session called on budget matters.

House Speaker Kirk Adams defends the legislation as valid. He says policy determinations are a long-standing part of budget-making.



Ga. high court rules mower isn't a motor vehicle
Court Feed News | 2009/11/24 13:50

A riding lawn mower may have four wheels, a powerful engine and can cost as much as a used car. If it's stolen, however, the Georgia Supreme Court concluded Monday that it's not a motor vehicle.

The 4-3 decision overturned the conviction of Franklin Lloyd Harris, who was convicted of felony motor vehicle theft after he loaded a Toro riding mower in 2006 from a Home Depot in Dalton into his van and sped away. Because Harris was a repeat offender, he was sentenced to 10 years in prison.

Public defender Michael McCarthy told the justices that while Harris should still be charged with theft, he shouldn't be punished as if he had stolen a car. A riding mower is many things, a modern mechanical marvel among them, but McCarthy said it's not a motor vehicle under state law.

Prosecutors countered that the state defines a "motor vehicle" as a "self-propelled" device, and there's no doubt a riding mower meets that standard.

The state's top court agreed, concluding in an 18-page decision that the sentence should be overturned because the purpose of a riding mower is to cut grass, not transport people.



Oregon court says teacher can't take gun to class
Court Feed News | 2009/11/23 15:01

The Oregon Court of Appeals has rejected a request by a high school English teacher to carry a handgun at school, the latest legal setback for the teacher who says she needs the gun for protection from her former husband.

Shirley Katz had argued the Medford School District lacked authority to set a policy banning employees from carrying firearms.

But the appeals court on Wednesday upheld a Jackson County trial judge who ruled the school district could prohibit guns on campus. District officials said they were pleased with the decision because it affected work rules intended to ensure staff and school safety.

Katz has a concealed weapons permit and has said she needed her 9 mm semiautomatic pistol because her ex-husband made threats during their divorce in 2004.



Texas high court agrees to rehear Exxon case
Court Feed News | 2009/11/23 13:01

The Texas Supreme Court on Friday said it will again hear arguments in the nearly 15-year legal battle over accusations that Exxon Mobil Corp. loaded abandoned wells with junk, sludge and even explosives to keep other companies from drilling there.

A small drilling company that tried to enter the wells near Corpus Christi, and the land owners, accused the world's largest publicly traded oil company of intentionally wrecking the wells.

The plaintiffs won at trial in 1999, but the Texas Supreme Court reversed the finding in March. That ruling from the state's highest civil court sparked a campaign to rehear the case led by the Texas land commissioner and state comptroller.

"At least I think that the Supreme Court recognized that they probably didn't rule the way they should've," said Glenn Lynch, former Emerald Oil & Gas president who says his company has lost millions fighting Exxon. "What I'd like to see them do is make it right. That's all we really ever asked them."



Suit over search-engine keywords tries new angle
Court Feed News | 2009/11/20 16:46

A lawsuit in Wisconsin is bringing a fresh challenge to the practice of paying for keywords on Google and other search engines to boost one company's link over a rival's.

The practice has occasionally prompted a rival to file legal challenges alleging trademark infringement. Now a Wisconsin law firm is trying a new angle — accusing its competitor of violating privacy laws.

Habush Habush & Rottier is one of Wisconsin's largest law firms, specializing in personal-injury cases. But search for iterations of "Habush" and "Rottier" and a sponsored link for Cannon & Dunphy attorneys often shows up, just above the link for the Habush site.

Habush alleges that Cannon paid for the keywords "Habush" and "Rottier," in effect hijacking the names and reputation of Habush attorneys.

Cannon acknowledged paying for the keywords but denied wrongdoing, saying it was following a clearly legal business strategy.

The lawsuit was filed Thursday in Milwaukee, where Habush is headquartered. Cannon is based in nearby Brookfield.



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