POWELL ET AL.
v.
ALABAMA POWER CO.

U.S. | 1999-01-19
No. 98-733
525 U.S. 1104 Supreme Court of the United States (1999) Positive Treatment
Cited by 2 cases

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  • Emilio Cirelli v. ENT, 885 So. 2d 423 (Fla. 5th DCA 2004)
    …do not apply to preclude a landlocked landowner from obtaining a way of necessity based on public policy preventing property from being landlocked in perpetuity. See Childers v. Quartz Creek Land Co., 946 P. 2d 534 (Colo.App.Ct.1997), cert. denied, 525 U.S. 1104, 119 S.Ct. 869, 142 L.Ed.2d 771 (1999). . In Blanton, the Second District Court affirmed a trial court's finding that a plaintiff's claim to a statutory way of necessity was time-barred in light of the holding in H & F Land. The court noted the fac…
  • Maggio v. Sipple, 211 F.3d 1346 (11th Cir. 2000)
    …im to qualified immunity, a plaintiff must show that a reasonable person in the defendant’s position would have been on notice that his actions violated clearly-established law. See Martin v. Baugh, 141 F. 3d 1417, 1420 (11th Cir.1998), cert. denied 525 U.S. 1104, 119 S.Ct. 870, 142 L.Ed.2d 771 (1999); Rowe v. Schreiber, 139 F. 3d 1381, 1384 (11th Cir.1998); Lassiter v. Alabama A & M Univ. Bd. of Trustees, 28 F. 3d 1146, 1150 (11th Cir.1994). Maggio has not made such a showing. “For the law to be clearly e…

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