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Supreme Court won't hear case over California beach access
Headline Legal News | 2018/10/02 00:11
The Supreme Court is refusing to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach.

The justices said Monday that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public.

Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation.

A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access.

Khosla — a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems — closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling.

The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.

The previous owners of the property allowed public access to the beach for a fee. But Khosla's attorneys say the cost to maintain the beach and other facilities far exceeded revenue from the fees.

The government cannot demand that people keep their private property open to the public without paying them to do so, Khosla's attorneys said in their appeal to the U.S. Supreme Court.

The state appeals court ruling would "throw private property rights in California into disarray," the appeal argued, saying other property owners along California's coast would prefer to exclude the public.

The Surfrider Foundation said Khosla's appeal to the U.S. Supreme Court was premature because he had not yet applied for a permit and received a decision from the state.

"This win helps to secure beach access for all people, as is enshrined in our laws," said Angela Howe, legal director of the foundation. "The Surfrider Foundation will always fight to preserve the rights of the many from becoming the assets of the few."


3 hurt in court shooting leave hospital; gunman identified
Headline Legal News | 2018/09/21 11:15
The wife of a gunman killed after he opened fire at a Pennsylvania municipal building Wednesday said in a social media post that she was OK but did not say whether she had been injured in the shooting.

Crystal Dowdell, 39, posted on her Facebook account that she was fine late Wednesday and that police had taken her phone as evidence. Pennsylvania state police confirmed Thursday that Patrick Dowdell, 61, was the deceased gunman.

Dowdell entered the Masontown Borough building about 60 miles south of Pittsburgh after 2 p.m. Wednesday with a handgun drawn and began firing into the crowded complex’s lobby. He wounded a police officer, who was treated and released for injuries to his hand, before wounding three civilians.

Authorities would not say whether any of the victims were Dowdell’s intended target or related to the domestic violence charges he was scheduled to appear in court to face Wednesday.

The three were taken to Ruby Memorial Hospital in Morgantown, West Virginia. A spokeswoman said Thursday the two men, ages 35 and 47, and a 39-year-old woman were all released Wednesday night.


Indiana high court to consider city rental registration fee
Headline Legal News | 2018/09/09 14:28
The Indiana Supreme Court is preparing to review the constitutionality of a 2015 state law targeting the city of Hammond's rental registration revenue.

The (Northwest Indiana) Times reports that the state's high court will hear oral arguments Thursday about a law limiting housing rental registration fees to $5 per unit per year. The law exempts Bloomington and West Lafayette due to their unique rental market as college towns, but applies to Hammond, which charges rental registration fees of $80 per unit.

The state Court of Appeals struck down the law in February, concluding that lawmakers violated the constitutional ban on special laws "relating to fees or salaries" by allowing only the two college towns to charge a rental registration fee distinct from what applies across the rest of Indiana.


Indian Supreme Court orders house arrest for activists
Headline Legal News | 2018/09/04 22:45
India's top court ordered Wednesday that five prominent rights activists arrested for alleged Maoist links be kept under house arrest instead of police custody until it rules next week on a petition challenging their detention.

Police, meanwhile, broke up a protest in southern India against the arrests and detained about two dozen people.

Attorney Prashant Bhushan said the court order will prevent police from taking the five to the western city of Pune, where authorities are investigating their alleged links to Maoist rebels in various parts of the country.

The Supreme Court also ordered the federal and state governments to provide detailed reasons for their arrests within three days. It set Sept. 6 for the next hearing in the case.

Those arrested on Tuesday were Telugu-language poet Varavara Rao in Hyderabad, Vernon Gonzalves and Arun Farreira in Mumbai, and Gautam Navalakha and Sudha Bhardwaj in New Delhi and a neighbouring town.

Police accused the five of delivering speeches that triggered protests and violence between low-caste Dalits and right-wing groups near Pune in December.

The government says Maoist rebels, who are active in several states, are India's biggest internal security threat. The rebels, inspired by Chinese revolutionary leader Mao Zedong, have been fighting the government for more than four decades, demanding land and jobs for the poor and indigenous communities.


Israeli court allows entry to Hamas kin for medical care
Headline Legal News | 2018/08/31 22:44
Israel's Supreme Court has ruled that five critically ill women from Gaza may enter Israel for urgent medical treatment despite a government decision preventing relatives of Hamas members from doing so.

The five women appealed to the court last month after their requests to enter Israel were rejected on the grounds of their relation to Hamas members.

The government decision denies entry for health care to relatives of Hamas members and is meant to exert pressure Gaza's rulers who currently hold the remains of two Israeli soldiers.

The court ruled late Sunday that the government decision was unreasonable and could not stand up to a legal test.

Four human rights groups representing the women said the government was using them and others seeking care unavailable in Gaza as "bargaining chips."


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