JUDICIAL:
MONTGOMERY COUNTY, MARYLAND v. COMPLETE LAWN CARE, INC., ET AL. Additional Party Names: Anita Goodman, Conrad Hocking, Croplife Am., Green Gardens, Hessie Harris, Integrated Plant Care, Jessica Fox, Joel Owen, Lancaster Landscapes, Michele Cropp, Newsom Seed, Patricia Eng, Patricia Lynch, Paul Vilk, Rowlandscapes Corp., Scotts Co., LLC, Stuart Cohen, Super Lawns, Trugreen Ltd. P’ship, No. 1203, SEPT.TERM,2017, 2019 WL 1950756 (Md. Ct. Spec. App. May 2, 2019)
County government restricted the use of certain pesticides in its jurisdiction. The Court was asked to determine if the county regulation was preempted local government regulations. The Court ruled that the county regulation was not preempted.
County government restricted the use of certain pesticides in its jurisdiction. The Court was asked to determine if the county regulation was preempted local government regulations. The Court ruled that the county regulation was not preempted.
Incline Vill. Bd. of Trustees v. Edler, No. SC 97345, 2019 WL 1912218 (Mo. Apr. 30, 2019)Mathew and Andrea Edler appeal from a judgment ordering them to remove a dock they built on a lake that abuts their home but that is owned by a neighboring subdivision. Although Missouri recognizes riparian rights for properties abutting natural bodies of water, this lake is artificial, as it was built by the founder of the adjoining subdivision and has since been maintained by the owners of properties in that subdivision. The Edlers have never had the right to use the lake based on their ownership of the abutting land, nor have they otherwise established an easement for use of the lake. In the absence of such an easement, they did not acquire riparian rights in the lake. The judgment directing them to remove the dock is affirmed. The award of attorney’s fees to the trustees is reversed as no special circumstances justifying such an award were shown.
Clement v. Menard, 2018-497 (La. App. 3 Cir. 5/1/19)
This appeal stems from competing claims for injunctive relief involving an irrigation canal right-of-way. The trial court rendered judgment in favor of Norris Clement, Barbara Richard, authorized agent for Norris Clement, and Gregory Paul Dore (“the Clements”), and against Brent J. Menard and Jamille Menard (“the Menards”).1 The trial court concluded that the Clements have the right to maintain, operate, and repair the irrigation canal and permanently restrained, enjoined, and prohibited the Menards from interfering with the Clements’ rights. The Menards appeal the judgment and, on appeal, we reverse the trial court’s judgment, grant a permanent injunction in favor of the Menards, and remand the case to the trial court for further proceedings as may be necessary in conformity with this ruling.
BASF PLANT SCIENCE, LP, Plaintiff, v. COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANIZATION, GRANIS RESEARCH AND DEVELOPMENT CORPORATION, AND NUSEED PTY LTD, Defendants. COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANISATION, GRAINS RESEARCH AND DEVELOPMENT CORP., AND NUSEED PTY LTD., Plaintiffs- Counterclaimants, No. 2:17-CV-503, 2019 WL 1922521 (E.D. Va. Apr. 30, 2019)
This case is about United States patents on plant seeds which can formulate certain “long chain” polyunsaturated fatty acids. The court issued a ruling on how it construed the meaning of the terms.
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