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Walker signs bill inspired by cabin-owners' court fight
Court Watch |
2017/11/24 13:36
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Just five months after an adverse ruling from the U.S. Supreme Court had her in tears, Donna Murr was celebrating Monday after Gov. Scott Walker signed into law a bill that gives Wisconsin property owners more rights.
The Murr family fought for more than a dozen years, and all the way to the Supreme Court, for the ability to sell undeveloped land next to their cottage along scenic Lake St. Croix in western Wisconsin.
One of two property rights bills Walker signed Monday will give the family the right to sell or build on substandard lots if the lots were legal when they were created.
The Supreme Court ruled against the Murrs in June, but hours later state Rep. Adam Jarchow was on the phone with Donna Murr promising her he would take the fight to the Legislature.
"It's been a long road," Murr said after she and six other family members came to Walker's Capitol office for his signing of the bill Jarchow and Sen. Tom Tiffany, R-Hazelhurst, introduced. "It just felt like a culmination of everything we've worked for, coming to a head today after so many years of struggling and battling."
Donna Murr's parents bought two adjacent lots in the early 1960s and built a cottage on one but left the other vacant as an investment. In 2004, Donna Murr and her siblings wanted to sell the undeveloped lot to help pay for renovations to the cottage, but county officials barred the sale because conservation rules from the 1970s treat the two lots as a single property that can't be divided.
The regulations were intended to prevent overcrowding, soil erosion and water pollution. The county argued before the Supreme Court that not enforcing the rules would undermine its ability to minimize flood damage and maintain property values in the area.
But the family claimed those rules essentially stripped the land of its value and amounted to an uncompensated seizure of the property. They sought compensation for the vacant property they were forbidden to sell. The government argued, and the Supreme Court agreed in June, that it's fair to view the property as a whole and said the family is owed nothing.
Now with the law changed in Wisconsin, the Murr family can sell the vacant section. Donna Murr said she and her siblings will take some time to decide what to do next.
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Trappers ask court to throw out lawsuit over US fur exports
Court Watch |
2017/11/22 13:35
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Fur trappers are asking a federal judge to throw out a lawsuit from wildlife advocates who want to block the export of bobcat pelts from the United States.
Attorneys for trapping organizations said in recent court filings that the lawsuit against the U.S. Fish and Wildlife Service infringes on the authority of state and tribal governments to manage their wildlife.
The plaintiffs in the case allege the government's export program doesn't protect against the accidental trapping of imperiled species such as Canada lynx.
More than 30,000 bobcat pelts were exported in 2015, the most recent year for which data was available, according to wildlife officials. The pelts typically are used to make fur garments and accessories. Russia, China, Canada and Greece are top destinations, according to a trapping industry representative and government reports.
Federal officials in February concluded trapping bobcats and other animals did not have a significant impact on lynx populations.
The Fish and Wildlife Service regulates trade in animal and plant parts according to the Convention on International Trade in Endangered Species, or CITES, which the U.S. ratified in 1975.
The advocates' lawsuit would "do away with the CITES export program," according to attorneys for the Fur Information Council of America, Montana Trappers Association and National Trappers Association.
"They are seeking to interfere with the way the States and Tribes manage their wildlife, by forcing them to limit, if not eliminate, the harvesting of the Furbearers and at the very least restrict the means by which trapping is conducted," attorneys Ira Kasdan and Gary Leistico wrote in their motion to dismiss the case.
Bobcats are not considered an endangered species. But the international trade in their pelts is regulated because they are "look-alikes" for other wildlife populations that are protected under U.S. law.
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Samsung worker killed by brain tumor wins compensation case
Court Watch |
2017/11/10 13:42
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Overturning an appeal court's decision, South Korea's Supreme Court said Tuesday the family of a Samsung worker who died of a brain tumor should be eligible for state compensation for an occupational disease.
The ruling on Lee Yoon-jung, who was diagnosed with a brain tumor at age 30 and died two years later, reflects a shift in the handling of such cases in South Korea.
Workers used to have the onus of proving the cause of a disease caused by their work. But after years of campaigning by labor advocates to raise awareness about the obstacles workers face in getting information about chemicals used in manufacturing, courts have begun to sometimes rule in favor of workers.
Lee worked at a Samsung chip factory for six years from 1997 to 2003 but there was no record available of the levels of chemicals she was exposed to while working there.
An appeals court denied the claim filed by Lee, based on government investigations into the factory conducted after she left the company. The investigations reported that the workers' exposure to some toxins, such as benzene, formaldehyde and lead, were lower than maximum permissible limits. They did not measure exposure levels to other chemicals or investigate their health risks.
The Supreme Court said such limitations in government investigations should not be held against a worker with a rare disease whose cause is unknown.
The case filed by Lee's family is the second time this year South Korea's highest court has ruled in favor of a worker. In August, the Supreme Court struck down a lower court's ruling that denied compensation to a former Samsung LCD factory worker with multiple sclerosis.
The government-run Korea Workers' Compensation & Welfare Service, the defendant in the case, did not respond to requests for comment.
Lim Ja-woon, the lawyer representing Lee, said brain tumors are the second-most common disease, after leukemia, among former Samsung workers who sought compensation or financial aid from the government or from Samsung for a possible occupational disease. He said 27 Samsung Electronics workers have been diagnosed with brain tumors, including eight people who worked at the same factory as Lee.
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Indonesia court upholds seizure of illegal fishing vessel
Court Watch |
2017/10/29 18:45
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Indonesia says it has won a two-year court battle that confirms the legality of the government's seizure of a Thai vessel linked to human trafficking and illegal fishing in Indonesian waters.
Minister of Fisheries and Maritime Affairs Susi Pudjiastuti said the "monumental" ruling from a court in Aceh province shows that governments can win in the fight against cross-border crime.
Pudjiastuti said in a statement this week that the ministry plans to make the refrigerated cargo ship Silver Sea 2 part of a museum to teach the public about illegal fishing.
The ship was seized by Indonesia's navy in August 2015 amid a crackdown on illegal fishing and after an Associated Press investigation showed its links to human trafficking in the fishing industry.
Several months before its capture, the ship and Thai fishing trawlers had abruptly left an island in remote eastern Indonesia, where the Thai fishing industry held trafficked crew members captive, to escape a government crackdown on illegal fishing. |
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Illinois to require veterans courts across the state in 2018
Court Watch |
2017/10/29 18:44
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A law passed last year requires every judicial circuit in Illinois to have a veterans treatment court starting Jan. 1.
The courts allow veterans who were honorably discharged to plead guilty to a crime in exchange for a probation sentence, The Chicago Tribune reported. The sentence requires frequent court visits and mental health or substance abuse treatment.
Veterans can also apply to have their records expunged upon completing the sentence. Those who use the courts typically face lower level felonies.
Supporters say the program will help those who risked their lives for their country.
Army veteran Gregory Parker enrolled in the Lake County Veterans Treatment and Assistance Court after his fourth drunken driving arrest resulted in a felony reckless driving charge. Parker graduated from the program in about 18 months. He's quit drinking and continues to go to therapy.
"I finally find myself enjoying things in life I've never enjoyed before," he said.
But some wonder if every community has the resources or the need for a court dedicated to veterans.
Some rural communities may only have a few veterans moving through the court system, said Michelle Rock, executive director of the Illinois Center of Excellence for Behavioral Health and Justice, which provides support for treatment courts statewide.
"We know that it may not be cost-effective for every county in the state to have one," she said.
Before the new law, Kane County officials weighed the need for a veterans court with the availability of resources and decided against offering the court, said Court Administrator Doug Naughton.
The overall court system should be improved, instead of offering one group more options, said Ed Yohnka, spokesman for the ACLU of Illinois. |
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