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Court of Appeals, Western District

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

Public Utilities: Infrastructure-Replacement Surcharge-Sufficiency of Evidence

Where the Office of Public Counsel and a gas utility challenged an order disallowing $4.1 million in infrastructure-replacement surcharges, arguing that the utility could not recover costs incurred to replace case iron and bare steel mains and service lines, the ...

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Public Utilities: Infrastructure System Replacement-Surcharge Approval-Deferred Income Taxes

Where a water company challenged an order approving its infrastructure replacement surcharge, arguing that the determination that sufficient evidence was not presented to show that a deferred tax asset was incurred, the determination was supported by the evidence on the ...

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Criminal Law: Court Costs-Motion to Retax

Where a defendant appealed the trial court’s denial of his motion to retax costs to the state, the judgment is affirmed because the court’s determination as to which party should be taxed costs is part of the judgment itself, so ...

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Criminal Law: Child Sex Abuse-Exclusion of Evidence-Prior Offender

Where a defendant, who was convicted of charges arising from his alleged sexual abuse of his girlfriend’s child, challenged the exclusion of evidence that the victim’s father was physically abusive to the child, the defendant failed to prove that the ...

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Criminal Law: Arrest Record-Expungement

Where the state challenged a judgment expunging respondent’s arrest record, arguing that he was statutorily ineligible for expungement, according to an expungement attorney the expungement of the respondent’s speeding conviction restored him to the status he occupied prior to the conviction ...

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Civil Practice: Sunshine Law-Attorneys’ Fees

Where a city clerk challenged trial court orders addressing her failure to disclose records under the state’s sunshine law and imposing a civil penalty and attorneys’ fees to the opposing party, substantial evidence supported the finding that the clerk’s refusal ...

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Civil Practice: Summary Judgment-Attorneys’ Fees-Landlord-Tenant Dispute

Where tenants challenged the grant of summary judgment in favor of a landlord in a contract dispute, arguing that the landlord failed to establish a prima facie case because the documents attached to the summary judgment motions were inconsistent with ...

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