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Condemnation Law
 
Stephen Smith v. Board of County Commissioners of Park County, Wyoming

[¶1] The Smiths contend that an unlawful taking occurred when the Board of County Commissioners of Park County (the Board) declared the Smiths’ private driveway to be part of a county road. Failing to obtain any relief through administrative proceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inve... More...   $0 (01-09-2013 - WY)

Oklahoma Gas and Electric v. Homes of OKC, Inc.

Oklahoma Gas and Electric sued Homes of OKC, Inc. aka Homes of OKC, Inc. on an eminent domain theory claiming:

1. Oklahoma Gas and Electric Company (“OG&E”), a corporation, having been duly organized and incorporated under the laws of the State of Oklahoma, is authorized to conduct its business in this State, including the business of furnishing light, heat and power by electricity.More...
   $0 (01-07-2013 - OK)

City of Lawton v. Dennis W. Merrifield

City of Lawton sued Dennis W. Merrifield and Mary Lou Merrifield on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by them for public use.

The Court appointed Steve Aust, Hank Foster and David Means commissioners to appraise the fair market value of the property taken and the damages, if any, to the remainder.

T... More...
   $39850 (01-06-2013 - OK)

City of Wichita, Kansas v. Kenneth D. Denton

This is an eminent domain proceeding involving the City of Wichita's condemnation for highway purposes of a tract of land owned by Kenneth Denton and located on the northwest corner of the intersection of Kellogg and Rock Roads. Clear Channel Outdoor, Inc., leased from Denton approximately 500 square feet of the property for operation of a double-sided, tri-vision billboard. The tract was valued a... More...   $0 (01-04-2013 - KS)

North Fork Special Service District v. Robert Bennion

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78B‐5‐825. See Utah Code Ann. § 78B‐5‐825 (LexisNexis 2012). We vacate the judgment and re... More...   $0 (01-04-2013 - UT)

North Fork Special Service District v. Robert Bennion

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78B‐5‐825. See Utah Code Ann. § 78B‐5‐825 (LexisNexis 2012). We vacate the judgment and re... More...   $0 (01-04-2013 - UT)

Roy D. Mercer, LLC v. Honorable Matthew G. Reynolds

{1} In the practice of law, there is no higher duty than one’s loyalty to a client. This duty applies to current and former clients alike. In this case, we are called upon to interpret this duty in light of Rule 16-110(C) NMRA of the Rules of Professional Conduct regarding the imputation of conflicts of interest to law firms. In interpreting and applying the rule to this case, we hold that when ... More...   $0 (12-06-2012 - NM)

City of Tulsa v. Red Fork Properties, LLC

The City of Tulsa sued Red Fork Properties, LLC on an eminent domain theory seeking to obtain by condemnation certain rights, title and interested from Defendant for public use. The City alleged as follows:


1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and statutes of the State of Oklahoma under a charter form of govern... More...
   $0 (11-30-2012 - OK)

Xavier Kyablue v. Abraham Watkins

In this case, we hold that an action lies to recover funds advanced by one party to another, to enable the latter to engage in legal gambling where the agreement reserves the right of the party advancing the money to terminate the relationship and recover money not expended. The trial court ruled otherwise in sustaining a demurrer to the complaint without leave to amend.

According to the ch... More...
   $0 (11-11-2012 - CA)

City of Tulsa v. Howard Alexander, Trustee of the Howard Alexander Revocable Trust

The City of Tulsa sued Howard Alexander, Trustee of the Howard Alexander Revocable Trust on an eminent domain theory seeking to acquire certain rights, title and interests in real property by condemnation owned by Defendant for public use.

The Court appointed Sheila Brunton, Jim Clark and George O'Connor to service as commissioners to appraise Defendant's property and report to the Court... More...
   $50000 (11-10-2012 - OK)

City of Tulsa v. Raintree Estates Condominiums Homeowers Association

The City of Tulsa sued Raintree Estates I Condominiums Homeowners Association and others on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in Defendants' properties located on the west side of South Yale Avenue south of 71st Street for street widening purposes.

The Court appointed Jan Gordan, Jim Clark and George O'Connor as commissioners to... More...
   $0 (11-09-2012 - OK)

Hanford-Southport, L.L.C. v. City of San Antonio

This is an appeal from a final judgment in a statutory condemnation case. See TEX. PROP. CODE ANN. § 21.011-.025 (West 2004 & Supp. 2012). In this appeal, appellant Hanford-Southport, LLC (“Hanford-Southport”) does not challenge the condemnation; rather, Hanford-Southport challenges the amount of the condemnation award. We affirm the trial court’s judgment.

BACKGROUND

The City... More...
   $0 (11-09-2012 - TX)

West Washington Properties, LLC v. California Department of Transportation

This case concerns an advertising display the California Department of Transportation (Caltrans) found was in violation of the Outdoor Advertising Act, Business and Professions Code section 5200, et seq. (the Act).1 The owner of the display, West Washington Properties, LLC (West Washington), argued equitable estoppel and laches barred the agency from enforcing the Act, or formed the basis of an in... More...   $0 (11-05-2012 - CA)

Bashe Abdi Yousuf v. Mohamed Ali Samantar

For the second time in this case, we are presented with the question of whether Appellant Mohamed Ali Samantar enjoys immunity from suit under the Torture Victim Protection Act of 1991 ("TVPA"), see Pub. L. 102-256, 106 Stat. 73 (1992), 28 U.S.C. § 1350 note, and the Alien Tort Statute ("ATS"), see 28 U.S.C. § 1350. In the previous appeal, we rejected Samantar’s claim to statutory immunity und... More...   $0 (11-02-2012 - VA)

City of Boynton Beach v. Frank Janots

The City of Boynton Beach (the “City”) appeals the trial court’s denial of its motion to use proceeds from a taking to satisfy an outstanding code enforcement lien. We reverse.

The facts below are undisputed. Theodore Ryan owned two parcels of property within the City’s jurisdictional limits. One was his homestead property (“Parcel 1”), and one was a vacant lot (“Parcel 2”).... More...
   $0 (10-10-2012 - FL)

S. Fred Hall v. State of Oregon

2 The jury in this inverse condemnation case found that plaintiffs' property
3 had a fair market value of $4,000,000 before defendant's disputed activities and that these
4 activities--repeated statements to the general public and potential purchasers that
5 defendant intended to eliminate an I-5 interchange, thereby rendering plaintiffs' property
6 landlocked, and then acquire it ... More...
   $0 (10-03-2012 - OR)

Oscar Caldas v. Affordable Granite & Stone, Inc.

The issue before us is whether appellants, who were employees of a contractor that performed work pursuant to a municipal contract with the City of Minneapolis (City), may recover for the contractor’s alleged breach of a prevailing wage provision in the contract. Appellants Oscar Caldas, et al., were employed by respondent Affordable Granite & Stone, Inc. (AGS), to perform work at the Minneapoli... More...   $0 (09-26-2012 - MN)

Council of San Benito County Governments v. Hollister Inn, Inc.

This case involves two consolidated actions in eminent domain brought by the Council of San Benito County Governments (COG), a joint powers authority created under a joint powers agreement between the County of San Benito, the City of Hollister, and the City of San Juan Bautista, to acquire property for the Highway 25 Bypass Project. In the eminent domain proceedings, COG sought to condemn real pr... More...   $0 (09-19-2012 - CA)

State of Oklahoma, ex rel. Department of Transportation v. R. Alan Blaksley

State of Oklahoma, ex rel. Department of Transportation sued R. Alan Blaksley, et al. seeking to acquired by condemnation certain rights, title and interests in real property owned by Defendants for public use.

The nature and extent of the property taken and damages to the remainder is unknown.

The Court appointed three commissioners to independently assess the damages sustained... More...
   $86000 (09-18-2012 - OK)

The City of Oklahoma City v. Johnny Thompson

The City of Oklahoma City sued Johnny Thompson and Pam Thompson on a condemnation theory seeking to acquire by eminent domain certain rights, title and interests in real property owned by the Defendants.


ORTWR APPOTNT1NG COMMIS9TONERS

On this 3rd day of August, 2O12,this cause coining on to be heard upon the Petition and Application of the Plaintiff for an Order Appointing Commis... More...
   $10300 (09-17-2012 - OK)

The Mansions in the Forest, L.P. v. Montgomery County, Texas

Montgomery County filed a petition in condemnation seeking to acquire portions of property owned by The Mansions in the Forest, L.P. (“The Mansions”) and The Estates-Woodland, L.P. (“The Estates”). The special commissioners found the fair market value of the property to be $345,215, and the trial court granted the County’s motion for writ of possession. Appellants objected to the award o... More...   $0 (09-06-2012 - TX)

Kay Davidson v. McLennan County Appraisal District

Kay Davidson, Richard Martin, and Michael Jones (the Retirees) had retired from employment with the McLennan County Appraisal District (MCAD). Since their retirement, MCAD had allowed them to participate in health insurance coverage through MCAD by timely paying their own premiums. They found out in 2010 that they would no longer be allowed to participate in MCAD’s health insurance program.
<... More...
   $0 (08-31-2012 - TX)

Pacific Bell Telephone Company v. Southern California Edison Company

Defendant Southern California Edison (“Edison”) appeals from the judgment entered against it following a bench trial in which the court ruled that Edison was liable to Pacific Bell Telephone Company (“Pacific Bell”) for just compensation in Pacific Bell‟s cause of action for inverse condemnation. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

The relevant facts of this appeal ar... More...
   $0 (08-30-2012 - CA)

Lee County Electric Cooperative, Inc. v. City of Cape Coral

Several years ago the City of Cape Coral began a construction project to rework an intersection. The plan required the expansion of an existing road into a public utility easement where Lee County Electric Cooperative ("LCEC") had placed its electric lines. Thus, LCEC was forced to relocate its lines to another public utility easement. The parties disagreed about which of them was responsible for ... More...   $0 (08-29-2012 - FL)

Specialized Freight Forwarders v. Dragone Classic Motorcars, Inc.

The defendant, Dragone Classic Motorcars, Inc., appeals from the judgment of the trial court in favor of the plaintiff, Specialized Freight Forwarders. On appeal, the defendant claims that the court (1) did not have subject matter jurisdiction over the case, (2) improperly determined that the plaintiff could recover against the defendant for shipping costs despite the fact that the term ‘‘frei... More...   $0 (08-27-2012 - CT)

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