Beachwood costs grow to $41.6 million Jan 3, 2008
The case could be remanded to U.S. District Judge Vaughn Walker's court with orders to revise the decision and employ "equitable estoppel," said Knox. This legal doctrine of fairness would address the amount of the decision and the question of Keenan's responsibility for the condition of the land and the choice he made to purchase and pursue development. (Half Moon Bay Review, CA)
Judge says raidology office like hospital Dec 27, 2007
In it, Thurbon addresses the group's contention that it should be exempt based on the doctrine of equitable estoppel - a legal principal that prevents a person from adopting a position, action or attitude inconsistent with an earlier position if it would result in an injury to someone else. "Whether that or another doctrine might compel the department to 'grandfather' the IAP facilities into the program ... is a question that will not be ripe for decision until IAP applies for certificates of... (Anchorage Daily News)
City admits map mistake, says new zoning will stick Nov 1, 2007
Robert Oake, an attorney who lives in Montgomery Farm and is assisting the Watters Crossing residents, said this goes against the idea of equitable estoppels or acting fairly to prevent a negative outcome ... In my view, the rule of equitable estoppel should be held against the city because it led to a gross injustice. (McKinney Courier-Gazette, TX)
American Red Cross Defends Use of Emblem and Mission Aug 11, 2007
Jrst claim is for "Contractual and Equitable Estoppel." This claim does not mention any breach of any contract, and does not mention at all the Barton Agreement. It merely claims that the Red Cross made certain historical statements that it "would not enter into such commercial licenses" regarding the sale of certain Red Cross products that Jed upon to its detriment. (PR Newswire)
N.Y. Court Refuses to Revive Smoking Suit Filed Years After Limitations Period Apr 24, 2007
A four-justice panel denied Warren Robare's attempt to invoke the doctrine of equitable estoppel to prevent the defendant tobacco companies from successfully asserting the three-year statute of limitations as a defense ... Hatch contended that by preventing Robare from using equitable estoppel, companies would be "unjustly enriched" by their own wrongful conduct through dismissal of the suit ... Hatch said Robare's circumstances are analogous to Zumpano v. Quinn, 6 NY3d 666 (2006), in which the... (Law.com)
City officials refuse to release police department employee survey Nov 11, 2006
He sued to get his police officer's job back, using the argument of doctrine of equitable estoppel against the government. The case is still sitting in the Arizona Supreme Court. (Peoria Times, AZ)
Chester Uplands petition hits snag Aug 7, 2006
The petition was seeking mandamus (asking the court to force PDE s hand in releasing the funds) and equitable estoppel (meaning the respondents could not adopt a new position in court if it would be unfair to the petitioner, who had relied on a previous position). For mandamus, PDE lawyers argue that the section of the code specifies merely that the state "may utilize up to $2,875,000 of undistributed funds," but does not necessarily have to. (The Delaware County Times, PA)
Arizona Supreme Court refuses to review former officer's appeal Jul 18, 2006
Merkel identified that the criteria necessary to apply the doctrine of equitable estoppel against the government applied in this case and that the City of Peoria Police Department was estopped from the application of its eadly force policy by the failure of senior management within the department to communicate clearly the use-of-force policy to line- level officers ... Should Brice ultimately win the case, the decision would create state law because it would be the first time the doctrine of... (Peoria Times, AZ)