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UN court lays down Costa Rica, Nicaragua maritime borders
Attorney News | 2018/02/03 22:03
The International Court of Justice laid down definitive maritime boundaries Friday between Costa Rica and Nicaragua in the Caribbean Sea and Pacific Ocean and a small land boundary in a remote, disputed wetland.

As part of the complex ruling, the United Nations' highest judicial organ ruled that a Nicaraguan military base on part of the disputed coastline close to the mouth of the San Juan River is on Costa Rican territory and must be removed.

Ruling in two cases filed by Costa Rica, the 16-judge U.N. panel took into account the two countries' coastlines and some islands in drawing what it called "equitable" maritime borders that carved up the continental shelf underneath the Caribbean and Pacific.

Such rulings can affect issues including fishing rights and exploration for resources like oil.

Earlier, the court ordered Nicaragua to compensate Costa Rica for damage Nicaragua caused with unlawful construction work near the mouth of the San Juan River, the court's first foray into assessing costs for environmental damage.

The order by the United Nations' principal judicial organ followed a December 2015 ruling that Nicaragua violated Costa Rica's sovereignty by establishing a military camp and digging channels near the river, part of a long-running border dispute in the remote region on the shores of the Caribbean Sea.

In total, Nicaragua was ordered to pay just over $378,890 for environmental damage and other costs incurred by Costa Rica— a small fraction of the $6.7 million sought by San Jose.


Supreme Court won't hear dispute involving NC TV network
Attorney News | 2017/12/03 16:58
A lawsuit against a North Carolina city for allegedly discriminating against an African-American-owned television network will go forward after the Supreme Court declined to get involved in the case.

The Supreme Court's announcement Monday that it would not get involved in the dispute leaves in place a ruling of the U.S. Court of Appeals for the 4th Circuit earlier this year that revived the lawsuit. A trial court had initially dismissed it.

Black Network Television claims the City of Greensboro rescinded a $300,000 economic development loan because of race. The city says race had nothing to do with it. Appeals court judges ruled 2-1 that the lawsuit had been improperly dismissed.


Supreme Court rejects case over Mississippi Confederate emblem
Attorney News | 2017/11/26 13:36

The Supreme Court on Monday rejected hearing a case that challenges the use of Confederate imagery in the Mississippi state flag.

Carlos Moore, an African-American attorney from Mississippi, argued that the flag represents "an official endorsement of white supremacy."

"The message in Mississippi's flag has always been one of racial hostility and insult and it is pervasive and unavoidable by both children and adults," Moore said in his court appeal.

"The state's continued expression of its message of racial disparagement sends a message to African-American citizens of Mississippi that they are second-class citizens."

The justices did not comment on their decision to decline Moore's appeal to have the flag ruled as an unconstitutional symbol of slavery, The Associated Press reported.

"We always knew it was a long shot," Moore told the news wire.

After a lower court rejected the lawsuit for lack of standing in April, Moore appealed the case to the Supreme Court on the grounds that the U.S. Court of Appeals for the Federal Circuit had given the 14th Amendment's Equal Protection Clause too narrow of an interpretation.


Court: Stress no grounds for rescinding guilty pleas
Attorney News | 2017/11/23 13:36
An appeals court in Chicago says a lower court in Indiana was right to refuse to permit a couple to rescind their guilty pleas in a tax case on grounds their prosecution caused them severe stress.

The 7th U.S. Circuit Court of Appeals said stress was common to anyone facing prosecution and wasn't sufficient reason to take back pleas. It added that neither George nor Barbara Gasich could claim they were under some "Napoleonic delusions" when they chose to plead guilty.

The Chicago Daily Law Bulletin reports the Gasiches were indicted in 2014 for making fraudulent claims. Prosecutors said they'd asked for $475,000 in refunds when they owed the IRS far more than that.

The Gasiches were formerly from St. John, Indiana, but lived in Florida when they were arrested.


Court: Colorado county wrongly OK’d asphalt plant near homes
Attorney News | 2017/11/23 13:35
A Colorado court has overturned Weld County’s approval of a $20 million concrete and asphalt plant currently under construction, saying the county had evidence the plant would violate noise standards.

The Greeley Tribune reports the Colorado Court of Appeals ruled Wednesday the county commissioners improperly approved the Martin Marietta Materials plant near a residential neighborhood.

The site is also near an organic farm and a planned wedding venue along U.S. 34 between Greeley and Loveland.

Officials for Martin Marietta and Weld County said they were reviewing the decision before deciding their next steps. County commissioners approved the plant in August 2015 and neighbors filed suit a month later.

Construction began in October of 2015, and Martin Marietta regional vice president David Hagerman says the plant is nearly complete.


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