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Court ruling could delay California water project
Legal News Feed |
2014/03/17 14:33
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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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Chris Brown returns to court after rehab dismissal
U.S. Court News |
2014/03/17 14:32
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After a weekend in jail, Chris Brown is facing a court hearing over his dismissal from rehab and whether he should be given additional penalties, which could include more time behind bars.
The Grammy-winning R&B singer spent the weekend in a downtown Los Angeles lockup after a judge ordered him to be arrested for violating the rules and regulations of his treatment. Court records did not elaborate on the reason for Brown's dismissal from the facility in Malibu that was treating him for anger management, substance abuse and issues related to bi-polar disorder.
Brown, 24, had been under court orders to remain in treatment since November, one month after he was arrested in Washington, D.C., after a man accused him of punching him in a confrontation outside a hotel. That case remains pending, and Superior Court Judge James R. Brandlin has not yet scheduled a probation violation hearing to address whether he would penalize the singer for the arrest.
His attorney Mark Geragos did not return an email message seeking comment on the singer's arrest. Prosecutors have not said what action they plan to take at Monday's hearing.
Brandlin revoked Brown's probation in December, but refused a prosecutor's request in February to send the singer to jail because of the Washington misdemeanor assault case. The judge has said Brown appeared to be making good progress in rehab and a probation officer gave him a favorable report at his last court hearing on Feb. 28.
The singer's arrest last week represents another stumble in his efforts to put his 2009 attack on then-girlfriend Rihanna behind him. Brown's probation had been scheduled to conclude in August, but that is now unlikely because he still has 750 hours of community labor to complete and could face additional penalties for failing to complete rehab successfully. |
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Court declines to take up Episcopal Church dispute
Legal News Feed |
2014/03/14 14:58
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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
Legal News Feed |
2014/03/14 14:58
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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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