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Court ruling could delay California water project
Legal PR |
2014/03/17 20:45
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A state appellate court has ruled that California water officials cannot go onto private property for soil testing and other studies related to construction of two massive tunnels that would siphon water from the Sacramento River.
Nancy Vogel of the state's Department of Water Resources said Friday that officials anticipated the ruling and work won't be delayed.
The decision handed down Thursday by the state's 3rd District Court of Appeal says an intrusion on private property without permission violates the California Constitution.
If built, the Bay Delta Conservation Plan — estimated to cost billions of dollars — would send fresh water around the Sacramento-San Joaquin Delta to Central and Southern California.
The ruling stems from a lawsuit filed against the state by more than 150 property owners in Sacramento, San Joaquin, Yolo, Solano and Contra Costa counties.
The three-judge panel ruled 2-1 in a 44-page decision with the majority opinion saying the state must adhere to eminent domain laws, which give property owners the right to a jury trial to determine a fair payment for taking away their land.
Acts such as testing soil, observing or trapping animals either by driving onto property, using boats or going on foot amount to "taking" and trigger the need for eminent domain proceedings, the majority opinion said. |
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Court: Tenn. Must Recognize 3 Same-Sex Marriages
Legal Focuses |
2014/03/17 20:45
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A federal judge ordered the state of Tennessee on Friday to recognize the marriages of three same-sex couples while their lawsuit against the state works its way through the court system.
U.S. District Judge Aleta Trauger issued the preliminary injunction barring the state from enforcing laws prohibiting recognition of their marriages.
In her written memorandum, Trauger makes clear that her order is only temporary and only applies to the three same-sex couples. A preliminary injunction can only be granted in cases the judge believes the plaintiff will likely win.
"It's the first nail in the coffin of discriminating against same-sex married couples in Tennessee," said Abby Rubenfeld, one of the attorneys for the same-sex couples. "Every single court that has considered these same issues has ruled the same way."
A spokesman for Tennessee Gov. Bill Haslam said in an email that Trauger's decision is still being reviewed by officials.
"The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue," David Smith said. "Beyond that it's inappropriate to comment due to the continuing litigation."
In Tennessee, marriage between partners of the same gender is prohibited by state law and by a constitutional amendment approved in 2006. |
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Court declines to take up Episcopal Church dispute
Court Line |
2014/03/14 21:11
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The Supreme Court has declined to wade into a dispute between the Episcopal Church and a conservative congregation that left the denomination in a rift over homosexuality and other issues.
The justices on Monday rejected an appeal from The Falls Church, one of seven Virginia congregations that broke away from the Episcopal Church in 2006 and aligned itself with the more conservative Anglican Church of North America.
The breakaway congregation in suburban Washington, D.C., claimed a right to keep the church building and surrounding property. But the Virginia Supreme Court ruled the Episcopal Church retained ownership of the historic church.
The Falls Church was one of seven Virginia congregations that left the Episcopal Church because of theological differences, including the 2003 consecration of an openly gay bishop in New Hampshire. |
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Court: Unplayed Blagojevich tapes to stay sealed
Court Watch |
2014/03/14 21:11
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An appellate court in Chicago says transcripts of FBI wiretaps not played at Rod Blagojevich's corruption trials will remain sealed.
The 7th U.S. Court of Appeals is still mulling its decision on the imprisoned former Illinois governor's request to toss his convictions.
Appellate courts typically unseal documents submitted as part of an appeal. But prosecutors later asked that the transcripts submitted to the appeals court not entered into evidence at the trials remain under seal. Blagojevich's attorneys wanted them opened.
But in its order posted Tuesday, the court said that if it eventually agrees the trial judge erred by not admitting the unplayed wiretaps at trial, they will then be unsealed.
The court's expected to rule on the appeal soon.
Blagojevich is serving a 14-year sentence for multiple corruption convictions.
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Man pleads guilty to sea cucumber smuggling charge
Court Line |
2014/03/10 20:39
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Federal prosecutors in San Diego say a man has pleaded guilty to charges he smuggled 100 pounds of dried sea cucumber into the United States from Mexico.
Sea cucumbers are leathery-skinned marine animals used in some folk medicine practices.
United States Attorney Laura E. Duffy says Cheng Zhuo Liu (chuhng joo-oh lee-oo), a resident of Chula Vista, admitted to tucking the sea cucumbers into the spare tire area of his car before crossing the border last October.
According to the US attorney's office, their market value was between $5,000 and $10,000.
The particular species Liu had is protected under international trade rules, and requires a permit for import.
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