Justia Construction Law Opinion Summaries

Defendant appealed his conviction of possession of a firearm without a firearm identification card, carrying a loaded firearm without a license, and resisting arrest. At issue was whether the court properly denied defendant's motion to suppress and properly convicted him. The court affirmed the denial of defendant's motion and held that there was no error in denying his pretrial motion to suppress evidence where the firearm was recovered as a result of a lawful seizure of his person; there was sufficient evidence to support his convictions of resisting arrest to and unlawful possession of a firearm where he charged at officers and used physical force against one officer; and there was no merit to his ineffective assistance of counsel claim that counsel failed to suppress his statement in response to an officer where there was sufficient evidence from which a rational trier of fact could have could have inferred that he knew that the two men following him were police officers and that the police wished to stop him. The court also held that defendant's right to bear arms and to self-defense under the Second Amendment and his equal protection guarantees under Federal and State Constitutions were not violated.

Appellees Mark and Marilyn Hesse purchased an undeveloped subdivision of land owned by Canberra Development Company (CDC) in February 2004. Appellees constructed their home on the lot. After moving into their new home, Appellees noticed several structural problems including the presence of large cracks in the floor. Appellees later learned that these problems were caused by unstable soil beneath the foundation of their home. Subsequently, Appellees discovered that CDC had failed to inform them of soil analysis assessment reports which had been ordered seven years prior to the selling of their lot. These test reports indicated the presence of expansive and collapsible soils most notably in the Appelleesâ back yard. Appellees filed suit against CDC seeking compensatory and punitive damages for fraudulent nondisclosure and misrepresentation. After a jury trial, Appellees were awarded over $3 million in economic damages including pain and suffering. No punitive damages were awarded. After the trial, CDC filed several post-verdict motions including a motion for judgment notwithstanding the verdict. The District Court ultimately denied these motions. The Supreme Court held that the jury had sufficient evidence to conclude CDC was liable to Appellees for fraudulent nondisclosure and misrepresentation. The Supreme Court found later, however, that the district court had erred in denying CDCâs motion for a new trial to assess damages. As a result, the Supreme Court reduced Appelleesâ economic damages award.

Suspecting the defendant of drug trafficking, federal agents attached a GPS device to his vehicle while it was parked in a public place. The GPS tracked the defendant from Phoenix to Illinois, where the state police took up live surveillance, stopped the defendant for a traffic violation, searched the vehicle after a canine unit alerted to the presence of drugs, and found nine packages of heroin. The district court refused to suppress the evidence. The Seventh Circuit affirmed. The GPS surveillance conducted in this case was not lengthy and did not expose, or risk exposing, the "twists and turns" of the defendant's life. The purpose of the GPS was only to record the trip, so no warrant was required; real-time information from a GPS is exactly the kind of information that drivers make available by traversing public roads.

Appellant, a former student in the Forest Grove School District ("Forest Grove"), appealed the district court's determination that he was not entitled to an award of reimbursement for his private school tuition under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. 1415(i)(2)(C). At issue was whether the district court abused its discretion in holding that equitable considerations did not support any award of private-school tuition at Mount Bachelor Academy as a result of Forest Grove's failure to provide appellant with a Free and Appropriate Education ("FAPE") under the IDEA. The court held that the district court did not abuse its discretion in holding that there was sufficient evidence in the record to support the district court's factual determination where appellant's parents enrolled him at Mount Bachelor solely because of his drug abuse and behavioral problems.

The Town's building officials refused to issue permits to Plaintiff-Appellant Levine for two dwelling units Plaintiff wanted to build on his property. Plaintiff sued for permission to build but lost at trial and appealed, challenging the Town's authority to change its mind after considerable time and money was spent on development. Plaintiff also argueed that there were problems with the trial court's conclusion on his municipal estoppel claim. The Court found that the town properly enacted its land use ordinance, but the lower court improperly applied the law to Plaintiff's municipal estoppel claim to allow him damages for reliance on Town's initial permission to build. Starting in 2005, Plaintiff sought permission from the Town to develop a parcel of land. In 2006, the Town amended its land use ordinance to prohibit the construction of more than one dwelling on a lot, but did not expressly provide whether the revisions would apply to projects already in development. A February, 2006 meeting of the board of selectmen passed a resolution to allow Plaintiff's project to proceed; a September, 2006 meeting rescinded the February approval, and reserved the right to enforce the Town's land use ordinances against Plaintiff's project. In November, 2006, Plaintiff sought the building permits for work already in progress, and the Town refused to issue them. The Court affirmed the lower court's determination that the Town's board had authority under state law to pass the September, 2006 resolution. However, though the Court agreed with Plaintiff that he had demonstrated significant time and money was spent in developing his land. The Court held that the standard used to decide was too strict under state law, and ordered a new trial to resolve Plaintiff's municipal estoppel claim.

Petitioner, serving 387 months for drugs and weapons offenses, filed a pro se action he characterized as habeas corpus (28 U.S.C. 2241). The district court characterized the suit as a civil rights action and dismissed for failure to pay the filing fee. The petitioner has a long history of abusive litigation and may not proceed in forma pauperis, under the "three strikes" rule, 28 U.S.C. 1915(g). The Sixth Circuit affirmed. The district court properly characterized the claim, which stated that it was asserting a âcivil tort action for civil rightâs violation,â alleged violations of the First Amendment, and sought monetary damages. The district court effectively warned the petitioner about the consequences of recharacterization in a 2002 order, stating that he âshall not be permitted to file any further actions in forma pauperis without first obtaining leave."