Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more
In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more
Yesterday, the Court of Appeals of Virginia issued an important decision regarding two often troubling elements under Virginia law regarding proving a claim of adverse possession....more
A monumental victory for the Swinomish Indian Tribe was announced this spring when a judge in the Western District of Washington ordered BNSF Railway Company to pay nearly $400 million in profits damages to the Swinomish...more
The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting a...more
In United States v. Osage Wind LLC a federal court in Oklahoma awarded permanent injunctive relief against a developer in the form of ejectment of a wind turbine farm after finding a continuing trespass....more
In Long Lake Township v. Maxon, the Michigan Supreme Court had the opportunity to critically consider the extent to which property owners have an inherent right to prevent unwanted drone incursions into the airspace...more
Briggs v. Southwestern Energy Production Company, LLC is good news for Pennsylvania mineral owners bringing claims for subsurface trespass by fracking. In 2018 in “Briggs 1”, the Briggs family sued SWN for subsurface...more
The local news today informs us that one of our neighbors in and around Philadelphia was arrested after he may have followed up on an internet date by putting a tracking device in the car of his love interest. When the woman...more
Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more
Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries...more
In our recent article, we explored how to pre-empt and prevent anticipated trespass on your land through injunctions. But what do you do when it’s too late for that, and your property has been occupied by trespassers or...more
The Law Court’s recent decision in Parker v. Department of Inland Fisheries & Wildlife is fascinating—it is a rare instance when the Court has been called upon to interpret and apply a new constitutional provision. The Maine...more
U.S. News and World Reports says that, in 2022, dog bites resulted in 48,596 visits by victims to an emergency room in California. That translates to 125 visits per every 100,000 Californians. Between 2018 and 2022, dog bites...more
New York Supreme Court (“Supreme Court, Appellate Division”) addressed in a March 15th Memorandum and Order (“Order”) issues arising out of a common law judicial action filed by a real estate developer against a landfill. ...more
This party started in a public bar in Silt, CO in early January. When we wrote about it on January 9, it was looking like the Congresswoman was the perp and her ex husband the victim of the mele. But almost immediately...more
Landowner and mineral owner (that includes you, lessee): Under ETC Texas Pipeline, Ltd. v. Ageron Energy, LLC, your right to sue for damages for tort or trespass could pass into history before you even know you have a claim....more
Recently, in United States v. Osage Wind, LLC, the Northern District of Oklahoma awarded permanent injunctive relief in favor of the Osage Nation and the United States against wind turbine farm developers in the form of...more
Iskandia Energy Operating, Inc. v. SWEPI LP is the latest installment in a growing line of Texas cases addressing various forms of subsurface trespass. Iskandia recognizes the possibility of a trespass claim due to unwanted...more
In Wolverhampton City Council and others v London Gypsies and Travellers and others, the Supreme Court has confirmed that injunctions can be imposed to prevent “newcomers” from occupying land unlawfully. That means that...more
Injunctions against “persons unknown” have recently garnered much attention, being deployed in both traditional scenarios such as to prevent traveller groups trespassing on land, and also against protestors or urban explorer...more
See yesterday’s post on Iskandia Operating, LLC v. SWEPI, LP - SWEPI’s motion for summary judgment alleged that Iskandia presented no evidence of one or more elements of its trespass claim, noting that the Supreme Court of...more
Iskandia Operating Inc. v. SWEPI, LP d/b/a Shell Western E & P reversed summary judgment for the defendant in a subsurface trespass claim involving injection of large amounts of produced water....more
Fletcher v. Merritt resulted in several rulings on the proof required to prevail in a property dispute. Merritt filed a trespass to try title suit (actually a quiet title, which the court construed as TTT) against Fletcher...more