Us Supreme Court Court May 1997 Judgments
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Suitum Vs. Tahoe Regional Planning Agency
Court: US Supreme Court
Decided on: May-27-1997
Suitum v. Tahoe Regional Planning Agency - 520 U.S. 725 (1997) OCTOBER TERM, 1996 Syllabus SUITUM v. TAHOE REGIONAL PLANNING AGENCY CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-243. Argued February 26, 1997-Decided May 27, 1997 Petitioner Suitum owns an undeveloped lot near Lake Tahoe. Respondent Tahoe Regional Planning Agency determined that the lot is ineligible for development under agency regulations, but that Suitum is entitled to receive certain allegedly valuable "Transferable Development Rights" (TDR's) that she can sell to other landowners with the agency's approval. Suitum did not seek those rights, but instead brought this action for compensation under 42 U. S. C. 1983, claiming that the agency's determinations amounted to a regulatory taking of her property without just compensation in violation of the Fifth and Fourteenth Amendments. The District Court held that her claim is not ripe for adjudication because she has not attempted ...
Camps Newfound/Owatonna, Inc. Vs. Town of Harrison
Court: US Supreme Court
Decided on: May-19-1997
Camps Newfound/Owatonna, Inc. v. Town of Harrison - 520 U.S. 564 (1997) OCTOBER TERM, 1996 Syllabus CAMPS NEWFOUND/OWATONNA, INC. v. TOWN OF HARRISON ET AL. CERTIORARI TO THE SUPREME JUDICIAL COURT OF MAINE No. 94-1988. Argued October 9, 1996-Decided May 19, 1997 Petitioner, a Maine nonprofit corporation, operates a church camp for children, most of whom are not Maine residents. Petitioner is financed through camper tuition and other revenues. From 1989 to 1991, it paid over $20,000 per year in real estate and personal property taxes. A state statute provides a general exemption from those taxes for charitable institutions incorporated in Maine. With respect to institutions operated principally for the benefit of Maine nonresidents, however, a charity may only qualify for a more limited tax benefit, and then only if its weekly charge for services does not exceed $30 per person. Petitioner was ineligible for any exemption, because its campers were largely nonresidents and its we...
Edmond Vs. United States
Court: US Supreme Court
Decided on: May-19-1997
Edmond v. United States - 520 U.S. 651 (1997) OCTOBER TERM, 1996 Syllabus EDMOND v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES No. 96-262. Argued February 24, 1997-Decided May 19, 1997* The Coast Guard Court of Criminal Appeals (formerly the Coast Guard Court of Military Review) hears appeals from the decisions of courtsmartial, and its decisions are subject to review by the United States Court of Appeals for the Armed Forces. Under Article 66(a) of the Uniform Code of Military Justice (UCMJ), its judges may be commissioned officers or civilians. During the times here relevant, the court had two civilian members, both of whom were originally assigned to the court by the General Counsel of the Department of Transportation. In anticipation of the possible invalidation of these assignments under the Appointments Clause, Art. II, 2, cl. 2, the Secretary of Transportation issued a memorandum "adopting" the General Counsel's earlier judicial...
Edwards Vs. Balisok
Court: US Supreme Court
Decided on: May-19-1997
Edwards v. Balisok - 520 U.S. 641 (1997) OCTOBER TERM, 1996 Syllabus EDWARDS ET AL. v. BALISOK CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 95-1352. Argued November 13, 1996-Decided May 19, 1997 Respondent, an inmate of a Washington state prison, was found guilty of prison rule infractions and sentenced to, inter alia, the loss of 30 days' good-time credit he had previously earned toward his release. Alleging that the procedures used in his disciplinary proceeding violated his Fourteenth Amendment due process rights, he filed this suit under 42 U. S. C. 1983 for a declaration that those procedures were unconstitutional, compensatory and punitive damages for their use, and an injunction to prevent future violations. Although he expressly reserved the right to seek restoration of the lost good-time credits in an appropriate forum, he refrained from requesting that relief in light of Preiser v. Rodriguez, 411 U. S. 475 , 500, under which the ...
inter-modal Rail Employees Assn. Vs. Atchison, T. and S. F. R. Co.
Court: US Supreme Court
Decided on: May-12-1997
Inter-Modal Rail Employees Assn. v. Atchison, T. & S. F. R. Co. - 520 U.S. 510 (1997) OCTOBER TERM, 1996 Syllabus INTER-MODAL RAIL EMPLOYEES ASSOCIATION ET AL. v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.96-491. Argued March 17, 1997-Decided May 12, 1997 As employees of respondent Santa Fe Terminal Services, Inc. (SFTS), a wholly owned subsidiary of respondent The Atchison, Topeka and Santa Fe Railway Co. (ATSF), the individual petitioners were entitled, among other things, to pension, health, and welfare benefits under SFTSTeamsters Union collective bargaining agreements. The resulting benefit plans were subject to the Employee Retirement Income Security Act of 1974 (ERISA). Ultimately ATSF bid the work being done by petitioners to respondent In-Terminal Services (ITS) and terminated SFTS employees who declined to continue employment with ITS. The ITS-Teamsters pension and welfare benefit plans w...
Reno Vs. Bossier Parish School Bd.
Court: US Supreme Court
Decided on: May-12-1997
Reno v. Bossier Parish School Bd. - 520 U.S. 471 (1997) OCTOBER TERM, 1996 Syllabus RENO, ATTORNEY GENERAL v. BOSSIER PARISH SCHOOL BOARD ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 95-1455. Argued December 9, 1996-Decided May 12, 1997* Appellee Bossier Parish School Board (Board) is subject to the preclearance requirements of 5 of the Voting Rights Act of 1965 (Act) and must therefore obtain the approval of either the United States Attorney General or the United States District Court for the District of Columbia before implementing any changes to a voting "qualification, prerequisite, standard, practice, or procedure." Based on the 1990 census, the Board redrew its 12 single-member districts, adopting the redistricting plan that the Attorney General had recently pre cleared for use in elections of the parish's primary governing body (the Jury plan). In doing so, the Board rejected a plan proposed by the National Association for the Ad...
Harbor Tug and Barge Co. Vs. Papai
Court: US Supreme Court
Decided on: May-12-1997
Harbor Tug & Barge Co. v. Papai - 520 U.S. 548 (1997) OCTOBER TERM, 1996 Syllabus HARBOR TUG & BARGE CO. v. PAPAl ET ux. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No.95-1621. Argued January 13, 1997-Decided May 12, 1997 Respondent Papai was injured while painting the housing structure of the tug Pt. Barrow. Petitioner Harbor Tug & Barge Co., the tug's operator, had hired him to do the work, which was expected to last one day and would not involve sailing with the vessel. Papai had been employed by Harbor Tug on 12 previous occasions in the 21/2 months before his injury, receiving those jobs through the Inland Boatman's Union (lEU) hiring hall. He had been getting short-term jobs with various vessels through the hiring hall for about 2Y4 years. Most of those were deckhand work, which Papai said involved manning the lines on- and off-board vessels while they dock or undock. Papai sued Harbor Tug, claiming, inter alia, negligence under the Jones A...
Lambrix Vs. Singletary
Court: US Supreme Court
Decided on: May-12-1997
Lambrix v. Singletary - 520 U.S. 518 (1997) OCTOBER TERM, 1996 Syllabus LAMBRIX v. SINGLETARY, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 96-5658. Argued January 15, 1997-Decided May 12, 1997 In the sentencing phase of the trial at which petitioner Lambrix was convicted on two counts of first-degree murder, the Florida state-court jury rendered an advisory verdict recommending death sentences on both counts. Finding numerous aggravating circumstances in connection with both murders, and no mitigating circumstances as to either, the trial court sentenced Lambrix to death on both counts. Mter his conviction and sentence were upheld on direct and collateral review by the Florida courts, he filed a habeas petition in the Federal District Court, which rejected all of his claims. While his appeal was pending before the Eleventh Circuit, this Court decided in Espinosa v. Florida, 505 U. S. 1079, that ...
Johnson Vs. United States
Court: US Supreme Court
Decided on: May-12-1997
Johnson v. United States - 520 U.S. 461 (1997) OCTOBER TERM, 1996 Syllabus JOHNSON v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 96-203. Argued February 25, 1997-Decided May 12, 1997 Petitioner Johnson testified before a federal grand jury, investigating, inter alia, the disposition of proceeds from her boyfriend's alleged drug trafficking, that she had obtained tens of thousands of dollars to improve her home from a box of cash given her late mother by one Talcott. Subsequently, she was charged with violating 18 U. S. C. 1623, which proscribes "knowingly mak[ing] any false material declaration" under oath before a grand jury. At her trial, it was revealed that her boyfriend had negotiated the purchase of her home and had an interest in a corporation whose checks had been used to help pay for the property, and that Talcott had died several years before the time he allegedly gave her mother the money. Johnson did not object wh...
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