Case law

Karnes City v. Kendall

172 S.W.3d 624 · Texas Court of Appeals, 4th District (San Antonio) · Jun 14, 2005

Jennings, 142 S.W.3d 310, 316 (Tex.2004) (nuisance liability arises only when governmental immunity is clearly and unambiguously waived by statute, or when the governmental entity manifests the requisite intent to be held … Nuisance liability of a governmental entity arises only when governmental immunity is clearly and unambiguously waived by statute, or when the nuisance rises to the level of a constitutional taking.

Stringwell v. Ann Arbor Public School District

262 Mich. App. 709 · Michigan Court of Appeals · Jul 6, 2004

Our Supreme Court has explained the well-established rules of statutory construction: The foremost rule, and our primary task in construing a statute, is to discern and give effect to the intent of the Legislature. … If the language of the statute is unambiguous, the Legislature must have in *712 tended the meaning clearly expressed, and the statute must be enforced as written.

Cas. Ins. Co. v. Northbrook Prop. & Cas. Ins. Co.

150 Ill. App. 3d 472 · Appellate Court of Illinois · Nov 25, 1986

These allegations clearly suggest that Schal had supervisory responsibility and are sufficient to establish that Schal's liability to Krkljus may arise out of its general supervision of the construction operations performed … because the underlying complaint contains no allegations of negligence against Mid-American, Schal's general supervision of Mid-American's operations would not subject Schal to liability, ignores Mid-American's inchoate immunity

Jory v. Department of Professional Regulation

583 So. 2d 1075 · District Court of Appeal of Florida · Jul 11, 1991

In Friedman , the challenged restriction concerned residency requirements for qualified lawyers to become admitted to practice law in Virginia without taking the state’s bar examination. … Clearly, the residency requirements of Section 57.111, Florida Statutes, do not meet the first prong of the inquiry articulated in Friedman, supra.

Truel v. City of Dearborn

291 Mich. App. 125 · Michigan Court of Appeals · Dec 14, 2010

The delineated items in § 8 were clearly not intended to be an all-encompassing expression of the elements of an investigation that are considered confidential. … Because the privilege is qualified rather than absolute, it can be overcome by a sufficient showing of need. Ostoin, 189 Mich App at 338 .

State v. Rodriguez

301 Or. App. 404 · Court of Appeals of Oregon · Dec 18, 2019

“[DEFENSE COUNSEL]: Your Honor, absent full immunity, I don’t think that that’s a proper—excuse me, but I don’t—absent full immunity, I don’t think he can be compelled to testify. … First, in briefing, and upon clarification at oral argument, the state does not argue that the immu- nity offered here for “driving crimes” qualifies as “transac- tional immunity” as required under Article I, section 12,

Boulanger v. TOWN OF OLD LYME

51 Conn. Supp. 636 · Connecticut Superior Court · Jan 7, 2010

The defendants also argue that Timothy Gris-wold cannot be held liable for his acts or omissions with relation to the plaintiffs’ land use dispute because he is entitled to qualified immunity for his actions as First Selectman … The Old Lyme Zoning Regulations clearly prohibit the creation of new, privately owned public parking lots.

In re Appeal of Gomez

688 A.2d 1261 · Commonwealth Court of Pennsylvania · Feb 11, 1997

, or ruling and such decision impacts on a person’s personal or property rights, privileges, immunities, duties, liabilities, or obligations.” … As such, the letters clearly constituted an “adjudication” under 2 Pa.C.S. § 101, from which Gomez has a statutory right of appeal pursuant to 2 Pa.C.S. § 752.

Allen v. SUMMIT CIVIC FOUNDATION

250 N.J. Super. 427 · New Jersey Superior Court Appellate Division · May 17, 1991

Defendant's certificate of incorporation clearly sets forth a charitable purpose. … Super. at 138 , 293 A. 2d 431 )] The Parker court went on to say: *433 Defendant clearly falls outside the scope of this definition.

Arthur Ware, Individually and as Potter County Judge v. Terry Miller, Potter County Constable, Precinct 2

Texas Court of Appeals, 7th District (Amarillo) · Aug 8, 2002

It is well established that in an interlocutory appeal, we may only address those matters for which such an appeal is permitted by section 51.014. … Appellants argue that Miller has failed to identify any constitutional or statutory provision clearly waiving immunity in this case.

Alexander v. Amerigroup Iowa, Inc

Court of Appeals of Iowa · Jul 2, 2025

Qualified Immunity Alexander next claims that the district court erred in finding Amerigroup was immune under Iowa Code section 232.73 (2019) from any liability stemming from the five child abuse reports on her … The district court did not err in finding that Amerigroup was entitled to qualified immunity under Iowa Code section 232.73(1).

Brown v. Chicago Park District

218 Ill. App. 3d 612 · Appellate Court of Illinois · Jun 24, 1991

Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act or Act) (Ill. … Under this approach, section 3 — 108(b) of the Act merely establishes a condition defendants would be required to meet in order to successfully assert the Tort Immunity Act as an affirmative defense; it does not address the

Manti v. New York City Transit Authority

165 A.D.2d 373 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 1991

While defendants claimed that they were entitled to qualified immunity from plaintiffs’ civil rights claims, the allegations of ticketing of licensed vans, of undue delays of the vans and passengers, of causing damage to … plaintiffs’ property, etc., could permit a jury to determine that defendants’ actions were inconsistent with the constitutional rights of plaintiffs, thus precluding them from asserting a right to qualified immunity shielding

Janklow v. BD. OF EXAM. FOR NURS. HOME

536 N.W.2d 20 · Court of Appeals of Minnesota · Oct 27, 1995

This appeal follows the district court's denial of BENHA's motion for summary judgment based on immunity from suit. ISSUES I. Did Janklow fail to establish a prima facie claim under the Whistleblower Act? II. … Precedent has not established whether official immunity applies to Whistleblower Act claims at all.

Kershaw v. City of Kansas City

440 S.W.3d 448 · Missouri Court of Appeals · May 6, 2014

The City Legal Expense Fund ordinance clearly and unequivocally establishes a duty on the City’s part to pay Starr on the Kershaws’ negligence judgment. ■ We now turn to the main issue presented in this case, which is whether … We hold that the City Legal Expense Fund ordinance, specifically section 2-1685(g), clearly and unequivocally establishes a duty on the City’s part, wholly independent of its duty to Kershaw under the Workers’ Compensation

Golden Harvest Co., Inc. v. City of Dallas

942 S.W.2d 682 · Texas Court of Appeals, 12th District (Tyler) · Feb 27, 1997

We hold that the summary judgment evidence established immunity under Section 101.056, regardless of how or when the guidelines were formulated or implemented. Points of error one and two are overruled. … Id, For an act of a government entity to qualify as a nuisance without being defeated by the doctrine of governmental immunity, the condition created by the entity must in some way constitute an unlawful invasion of property

Williams v. Peninsula Regional Medical Center

213 Md. App. 644 · Court of Special Appeals of Maryland · Sep 5, 2013

They filed a statement of claim, a certificate of merit of a qualified expert, and two medical reports from two separate physicians. … Although this case deals with summary judgment and not a motion to dismiss, the standard for what qualifies as good faith and reasonable grounds is instructive.

Cobos v. Dona Ana County Housing Authority

121 N.M. 20 · New Mexico Court of Appeals · Oct 20, 1995

Pamp.1989) (the Act), provides immunity to governmental agencies and their employees from tort actions; however, the Act specifically waives immunity for certain acts or omissions. … Imposing such liability would circumvent the very grant of immunity provided by the Tort Claims Act, subject to the specific waivers of immunity outlined in Sections 41^-5 to -12.

Manor v. Nestle Food Co.

78 Wash. App. 5 · Court of Appeals of Washington · May 30, 1995

Manor’s employer as a matter of law and, thus, immune from suit. The Manors contend the question is one of fact, not of law. … In the workers’ compensation claim, Nestle’s position was not adversarial while it is clearly an adversary in the present claim.

Moulton v. Vaughn

982 S.W.2d 107 · Texas Court of Appeals, 1st District (Houston) · Jul 9, 1998

We must determine if Moulton conclusively established each element of the defense of official immunity Official Immunity To show he is entitled to official immunity, Moulton must show his disclosure of the test results to … Moulton established each element of official immunity. Accordingly, we reverse and render judgment that Vaughn take nothing. O’CONNOR, Justice, dissenting on overruling of motion for rehearing en banc.