| Eminent Domain Law |
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Jose Mendoza, Dennis Fong and<
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Jose Mendoza, Dennis Fong and Rich De La Rosa sued the City of San Jose on a defamation theory claiming that a Sept. 11, 2002 e-mail sent to a Naglee Park man who ran a Web site critical of San Jose's redevelopment agency, which was attempting at the time to acquire the shopping center through eminent domain. The e-mail, signed "Juan Valdez," call... More... $851,000 (6/28/2008 - CA )
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City of Springdale, Arkansas v
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The City of Springdale, Arkansas sued Kent Dobbs and KC Leaving, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in and to two-and-a-half acres owned by defendants along South Thompson to build the Don Tyson Parkway in Springdale. Commissioners appointment by the Court initially award defendan... More... $854,292 (6/7/2008 - AR )
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Thomas A. McElwee & Son, Inc.<
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Appellee, John McElwee (“McElwee”), owned and operated a printing business,
Thomas A. McElwee & Son, Inc., on the 6200 block of Market Street in West
Philadelphia. The business had existed in that location since the 1950s, and McElwee
had taken over management of it from his father, Thomas McElwee, in 1998, although
the latter stayed on as a pa... More... $0 (6/2/2008 - PA )
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Ocean Harbor House Homeowners<
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Plaintiff Ocean Harbor House Homeowners Association (Homeowners) sought a
costal development permit from defendant California Coastal Commission (the
Commission) to build a seawall to protect their condominium complex from erosion that
threatened its structural integrity. The Commission granted the permit but as a condition
required Homeowners ... More... $0 (5/23/2008 - CA )
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Robert Yaklich v. Grand County
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This appeal arises out of Tabernash Meadows, LLC’s (Tabernash) failed
attempt to create a subdivision called Pole Creek Valley in Grand County,
Colorado. Robert Yaklich, the founder and sole owner of Tabernash, filed suit
against various defendants, who moved to dismiss. The district court granted the
motions. We AFFIRM in part, REVERSE in part... More... $0 (5/12/2008 - CO )
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Williston Basin Interstate Pip
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Williston Basin Interstate Pipeline Company (Williston)
claims that it has lost and is continuing to lose natural gas
stored in its Elk Basin Storage Reservoir due to the operation
of gas production wells owned by Howell Petroleum Corporation
and Anadarko Petroleum Corporation (Howell/
Anadarko). Two of those wells are located within the later... More... $0 (5/10/2008 - MT )
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Harris County Hospital Distric
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In this appeal, the Harris County Hospital District (AHospital District@) appeals the trial court=s dismissal of its condemnation action, in which it sought to acquire property owned by Textac Partners I (ATextac@) as part of an LBJ Hospital expansion project. In its first three issues, the Hospital District contends that the trial court erred in ... More... $0 (5/6/2008 - TX )
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UnknownState ex rel. City of B
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Relator City of Blue Springs ("City") seeks a writ of prohibition requiring Respondent, the Honorable W. Stephen Nixon, to grant its motion for summary judgment on claims brought against the City by Blue Springs residents Shawn and Jennifer Stevens. The Stevenses allege that the City is liable to them under a theory of inverse condemnation because ... More... $0 (4/29/2008 - MO )
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Buzz Stew, LLC v. City of Nort
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In this appeal, we examine whether a landowner may assert a cause of action for precondemnation damages that arise when a municipality announces its intent to condemn a parcel of land and then unreasonably delays instituting an eminent domain action.[1] We conclude that a municipality’s announcement of intent to condemn a parcel of land may give r... More... $0 (4/18/2008 - NV )
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Estate of Archie Kirkpatrick v
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The City of Olathe (the City) appeals the district court's judgment on a claim of inverse condemnation in favor of the Estate of Archie Kirkpatrick, arguing that its actions did not constitute a compensable taking of the Estate's property. We agree and reverse the district court.
Factual and Procedural Background
Archie Kirkpatrick owne... More... $0 (3/14/2008 - KS )
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City of Scottsdale v. CGP-Aber
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¶1 CGP-Aberdeen, L.L.C. ("CGP") challenges the constitutional adequacy of the compensation it received for a fifty-acre parcel of real property that was condemned by the City of Scottsdale ("Scottsdale"). The United States Constitution requires that a property owner be paid just compensation in the amount of the value of the property as of the date... More... $0 (3/12/2008 - AZ )
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City of Fremont v. George W. F
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The City of Fremont (Fremont) filed a complaint in eminent domain against
George W. Fisher and Elizabeth Lee Fisher (collectively, the Fishers), the owners of
property located in Fremont. The Fishers filed a cross-complaint to quiet title and for
equitable relief. The matter proceeded to a jury trial on the question of the amount of just
compen... More... $403,513 (2/29/2008 - CA )
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State of Oklahoma v. Kishor Me
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¶1 The State of Oklahoma, ex rel. Department of Transportation (ODOT or Department) appeals the trial court's August 25, 2004, order denying its exceptions to the Commissioners' Second & Corrected Report. Based on our review of the record on appeal and applicable law, we reverse in part and remand for further proceedings consistent with this opinio... More... $0 (2/11/2008 - OK )
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Arthur L. Clark, et al. v. Lyn
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Appellants Arthur L. and Rita M. Clark, the trustees of the several Clark family trusts, Theodore Pérez, and Golden Acres Development Corporation (collectively, "Appellants") brought suit against the former mayor of the City of Westfield and various former city council members and commissioners (collectively, "Westfield") for obstructing the develo... More... $0 (2/1/2008 - MA )
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County of Ventura v. Channel I
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Bad behavior does not establish damages: causation does. Taking claims
do not arise from a breach of contract.
With these two principles in mind, we discuss this case concerning a
dispute over leasehold improvements installed by a private party on land leased from the
County of Ventura (County). At the end of the lease term, County sued th... More... $0 (1/31/2008 - CA )
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City of Cape Girardeau v. Jere
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City of Cape Girardeau sued Jerel and Belen Lichtenegger d/b/a Global Trading on an eminent domain theory to acquire by condemnation certain rights, title and interests in property owned by them on Broadway in Cape Girardeau to widen the street. The Lichteneggers were offered $88,000 but declined, telling the city their property was bigger by half ... More... $65,000 (1/31/2008 - MO )
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George G. Isely v. City of Wic
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This is an inverse condemnation action brought by George R. Isely, as Trustee of the Mildred L. Isely Trust, et al. (Lessors), against the City of Wichita (City), regarding land owned by the Lessors and leased to Starr Holdings, L.L.C. (Lessee). The Lessors filed suit against the City seeking payment of just compensation as a result of the City'... More... $0 (1/28/2008 - KS )
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South Tulsa Citizens Coalition
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¶0 The Cities of Jenks and Bixby formed the Arkansas River Bridge Association (ARBA), a public trust, and entered into an agreement that granted the right to Infrastructure Ventures, Inc (IVI) to construct, maintain, and operate a toll bridge over the Arkansas River between Jenks and Tulsa. The South Tulsa Citizens Coalition, L.L.C. and Tom Sn... More... $0 (1/25/2008 - OK )
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Sally A. Matsuda, et al. v. Ci
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We are called upon to determine whether the United States
Constitution imposes any limit on the City of Honolulu’s
power to repudiate a contract to convey property to a private
citizen in connection with its leasehold conversion program.
I
A
In 1991, the City and County of Honolulu (the “City”)
enacted an ordinance, later codi... More... $0 (1/19/2008 - HI )
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Tien Fu Hsu, et al. v. County<
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In this appeal, we determine whether this court should adopt equitable exceptions to the law of the case doctrine. We also revisit the prior decision we issued in the first appeal of this airspace takings case, given our intervening decision in McCarran International Airport v. Sisolak,[2] which set forth a new scheme for analyzin... More... $0 (1/9/2008 - NV )
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