Judicial:
WESTERN NATIONAL ASSURANCE COMPANY, Respondent, v. JOHN & LINDA ROBEL, individually & as husband & wife; & ROBEL’S ORCHARD, a Washington Corp. &/or sole proprietorship owned by John & Linda Robel; VICKI POSA, a single person, Appellant., No. 35394-0-III, 2018 WL 5279395 (Wash. Ct. App. Oct. 23, 2018); Vicki Posa appeals from the trial court’s order granting summary judgment to respondent Western National Assurance Company concerning the existence of insurance coverage under a homeowners policy for an injury occurring in an orchard.
Ms. Posa was injured in a fall from a three-legged ladder while picking cherries at a Green Bluff area orchard operated by John and Linda Robel. The Robels offered both pre-picked and u-pick options for customers. Ms. Posa called the Robels, whose orchard was listed in a brochure for Green Bluff u-pick operations, the day before the incident to assure that they were open.
The following day, July 20, 2010, Ms. Posa and a companion arrived to pick cherries for themselves. It was not a work day for the Robels, who had a barbecue planned. Ms. Posa and her companion spoke to a man named John and each were outfitted with a basket that strapped to the body of the picker. They were directed to the appropriate section of the orchard and told where ladders could be located.
The ladders are ten feet tall and three-legged. While using a ladder, Ms. Posa became unbalanced as the basket filled. She fell, breaking her hand and left foot. She also sustained injuries to her neck, hip, and shoulder. She underwent two surgical procedures and was expected to have additional surgery.
ROGER HOEPPNER & MARJORIE HOEPPNER, Plaintiffs, v. CHIEF DEPUTY CHAD BILLEB, CAPTAIN GREG BEAN, LIEUTENANT SEAN MCCARTHY, MARATHON COUNTY, LIEUTENANT RYAN BERDAL & DEPUTY ERIC HEGGELUND, Defendants., No. 17-CV-430-BBC, 2018 WL 5282898 (W.D. Wis. Oct. 24, 2018); In 2008, the Town of Stettin brought an action against plaintiffs in the Circuit Court for Marathon County, seeking to enforce town ordinances relating to farm equipment, rubbish and other items located on plaintiffs’ property. In March 2009, the town filed an amended complaint, alleging that plaintiffs had sold farm equipment illegally and had violated the town’s zoning code and public nuisance ordinance. In June 2009, plaintiffs and the town notified the state court that they had reached a settlement. Relying on the parties’ settlement agreement, the court entered an order stating that plaintiffs would relocate and remove certain property from their premises by August 30, 2009.
392
State v. Webber, No. COA 17-1015, 2018 WL 4997392 (N.C. Ct. App. Oct. 16, 2018); Defendant appeals from his two convictions for felony animal cruelty under N.C.G.S. § 14-360(a1) and (b). He argues that the trial court should have granted his motion to dismiss because the State failed to present sufficient evidence that he acted “intentionally” and “maliciously.” Defendant also argues that the trial court failed to make sufficient findings to impose a 36 month probation term and a $60.00 restitution order as a condition of his probation.
Regulatory:
Notice of intent to conduct a scoping process and prepare an environmental assessment: Animal and Plant Health Inspection Service, USDA; We are advising the public that the U.S. Department of Agriculture (USDA) and its sub-agency, the Animal and Plant Health Inspection Service (APHIS), are considering developing a conservation program pursuant to the Endangered Species Act for the southwestern willow flycatcher, a small, neotropical migrant bird found in Arizona, California, Colorado, Nevada, New Mexico, Texas, and Utah. We are also planning to prepare an environmental assessment to analyze the effects of the proposed conservation program. This notice identifies potential issues, alternatives, and conservation measures that USDA and APHIS propose to review, and requests public comments to determine the relevant scope of issues and range of alternatives to be addressed in the environmental process from individuals, organizations, Tribes, and government agencies on this topic. Info HERE
Final rule; Agricultural Marketing Service, USDA; This final rule amends Marketing Order No. 989 (Order), which regulates the handling of raisins produced from grapes grown in California. Five amendments were proposed by the Raisin Administrative Committee (RAC) and three were proposed by the Agricultural Marketing Service (AMS). Seven of the eight proposed amendments were favored by California raisin growers in a mail referendum, held December 4 through 15, 2017. This final rule also makes administrative revisions to subpart headings to bring the language into conformance with the Office of Federal Register requirements. Info HERE
Notice; Environmental Protection Agency (EPA); The Environmental Protection Agency (EPA) has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): Pesticide Program Public Sector Collections (FIFRA Sections 18 & 24(c)) (EPA ICR Number 2311.03 and OMB Control Number 2070-0182). The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. This is a request to renew the approval of an existing ICR, which is currently approved through October 31, 2018. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on May 18, 2018. With this submission, EPA is providing an additional 30 days for public review. Info HERE
Revision to and extension of approval of an information collection; comment request; Animal and Plant Health Inspection Service, USDA.; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the regulations to prevent the spread of citrus greening and its vector, Asian citrus psyllid, to noninfested areas of the United States. Info HERE
Notice of open meeting; Energy Efficiency and Renewable Energy, Department of Energy. This notice announces an open meeting of the Biomass Research and Development Technical Advisory Committee under Section 9008(d) of the Food, Conservation, and Energy Act of 2008, amended by the Agricultural Act of 2014. The Federal Advisory Committee Act requires that agencies publish these notices in the Federal Register. Info HERE
Legislative:
H.R. 7088: Crop Insurance Fairness Act of 2018; To amend the Federal Agriculture Improvement and Reform Act of 1996 to require that the Secretary of Agriculture to require a notice period with respect to certain modifications of assigned yields under the noninsured crop disaster assistance program. Info HERE
H.R. 6302: Cormorant Relief Act; To enact as law certain regulations relating to the taking of double-crested cormorants. Info HERE
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