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Court ruling could delay California water project
Press Release |
2014/03/17 15:03
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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
Headline Legal News |
2014/03/17 15:02
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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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Inmate pleads guilty in prison guard's stabbing
Court Watch |
2014/03/14 15:30
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An inmate has pleaded guilty to murder in the stabbing death of a guard at a federal prison in Central California.
The U.S Attorney's Office says 48-year-old James Ninete Leon Guerrero, of Guam, entered the plea on Tuesday.
Prosecutors say Guerrero held Officer Jose Rivera down at the U.S. Penitentiary in Atwater in 2008 as another inmate, Jose Cabrera Sablan, stabbed him more than 20 times with an eight-inch shank. The 22-year-old Rivera - a U.S. Navy veteran - was doing a daily headcount when he was attacked.
Guerrero was serving a life prison sentence at the time in connection with an armed bank robbery. Prosecutors say under a plea agreement, he will receive another life term. Sablan is scheduled to go on trial in April. |
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High Court battle over Richard III's remains
Court News |
2014/03/14 15:30
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Distant relatives of England's King Richard III are launching their High Court battle over where to rebury the 15th-century monarch's remains.
The remains of Richard — who was killed in battle in 1485 — were found in a Leicester parking lot.
The government has given Leicester Cathedral in central England permission to rebury the king, but his relatives want him buried in the northern England city of York.
The relatives — under the name the Plantagenet Alliance — are bringing legal action that begins Thursday at the High Court against the government and the University of Leicester.
They claim that the government did not consult widely enough — or consider the wishes of Richard or his descendant — on where the monarch should be reburied. |
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3 California men plead guilty in alleged pot grow
Court News |
2014/03/10 15:33
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Three Northern California men are each facing up to ten years in prison after pleading guilty to charges that they damaged federal conservation land while allegedly growing marijuana.
Prosecutors say Chou Vang, Vang Pao Yang and Pao Vang, all of Eureka, each entered their pleas in federal court in San Francisco on Tuesday to one count of willful injury to federal property.
The men were accused of clearing away trees and vegetation, using fertilizers, and failing to properly dispose of trash while growing pot in the summer of 2012 in the King Range National Conservation Area along California's Lost Coast. The area provides habitat for four federally-listed threatened species, including Chinook and Coho salmon.
As part of a plea deal, prosecutors say they dropped marijuana cultivation charges. The men are scheduled to be sentenced in July. |
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