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Condemnation Law
 
DCP Southern Hills Pipeline, LLC v. Terry M. Kyle

DCP Southern Hills Pipeline, LLC sued Terry M. Kyle, Cynthia A. Birdsong, Richard P. Dulaney, William E. Schlitter and James C. Chander, co-executors of the Estate of L. Thomas Dulaney, deceased, and Richard P. Dulaney on eminent domain theories seeking to obtain right-of-way for a pipeline by condemnation claiming:

1. Plaintiff is a Delaware limited liability company, duly registered with ... More...
   $0 (10-12-2013 - OK)

MALCOLM G. DYER v. HIDALGO COUNTY, TEXAS

Appellant Malcolm G. Dyer (“Dyer”) appeals two trial court orders granting appellee Hidalgo County’s pleas to the jurisdiction. The trial court’s first order granted the County’s second plea to the jurisdiction which challenged Dyer’s breach-of-contract claim.1 The

1 In appellate cause 13-12-00622-CV, Dyer appeals the trial court’s August 31, 2012 order granting the County’s... More...
   $0 (10-04-2013 - TX)

Michael Aleo v. SLB Toys USA, Inc.

In 2006, while visiting relatives in Andover, twenty-nine year old Robin Aleo [FN4] attempted to use an inflatable swimming pool slide that had been imported and sold by Toys "R" Us, Inc., and Toysrus.com, LLC (collectively, Toys R Us). [FN5] She slid down head first; when she reached the bottom of the slide, it collapsed, and her head struck the concrete deck of the swimming pool through the fab... More...   $20600000 (09-14-2013 - MA)

Karen Callaghan v. City of South Portland

[¶1] Karen Callaghan and Burton Edwards (the employees) are part-time employees of the City of South Portland. They filed a complaint in the Superior Court (Cumberland County) pursuant to 42 U.S.C.A. § 1983 (West, Westlaw through P.L. 113-22) seeking a declaration that certain provisions of the City’s personnel policy violated their First Amendment rights, and further seeking permanent injunct... More...   $0 (09-10-2013 - ME)

Tulsa Development Authority v. Precision Equity, LLC

The Tulsa Development Authority sued Precision Equity, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owed by Defendant for public purposes.

Mike Craddock, Jim Burton and Sheila Brunton appointed commissioners by the court who awarded the Defendant $600,000. ... More...
   $600000 (09-07-2013 - OK)

City of Sand Springs v. Blossom Day Care Centers

City of Sand Springs sued Blossom Day Care Centers on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Blossom Day Care Centers for public use.

The pre-trial order provided, in part:


Plaintiff filed this eminent domain action to obtain title to property needed for a roadway expansion. The issue for tria... More...
   $20000 (09-04-2013 - OK)

Lisle Patton & Barrett Daffin Frappier Turner & Engel, et al v. Collin D. Porterfield

In this case, we address a question of law as to how cash proceeds from the foreclosure of a purchase money deed of trust on a homestead should be distributed by a deed of trust substitute trustee as between the senior lienholder, a junior, home equity lienholder, and the homeowner. In so doing, we consider the constitutional and common law arguments raised by appellee Collin D. Porterfield in the... More...   $0 (08-30-2013 - TX)

City of Houston v. BCCA Appeal Group, Inc.

The present dispute requires us to determine the constitutionality of a home-rule city’s ordinance which purports to regulate air pollution within that city’s

2

borders. The BCCA1 Appeal Group, Inc. (the Group), a non-profit organization whose members own and operate industrial facilities in the Houston area, brought suit to enjoin enforcement of two air pollution control ordinan... More...
   $0 (08-29-2013 - TX)

David Hendleman v. Los Altos Apartments, L.P.

Named plaintiffs David Hendleman and Anne Aaronson appeal from the order of the trial court denying their motion for certification of a class of tenants at the Los Altos Apartments in the context of their lawsuit against the landlord. Plaintiffs brought this action alleging the landlord failed to repair and maintain the property in a safe and habitable condition over a period of 10 months, unlawfu... More...   $0 (08-20-2013 - CA)

Oklahoma Gas and Electric Company v. P & M Land Partners, LLC

Oklahoma Gas and Electric Company sued P & M Land Partners, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in and to real property owned by the Defendant 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 condu... More...
   $0 (08-16-2013 - OK)

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu and Tzyy-Wen-Hzy v. City of San Antonio

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu, and Tzyy-Wen-Hzy (“Appellants”), appealed the determination of the City of San Antonio’s Dangerous Structure Determination Board

04-10-00836-CV

(“DSDB”) that an apartment building was a public nuisance. After the City demolished the building, Appellants amended their pleadings to allege an inverse condemnation takings claim against ... More...
   $0 (08-14-2013 - tx)

City of Perris v. Richard C. Stamper

Defendants and appellants, Richard C. Stamper, Donald D. Robinson, and Donald Dean Robinson, LLC (the owners), own a 9.1-acre parcel of land in Perris, California. The parcel (the Stamper Property) is vacant land zoned for light industrial use. In 2005, plaintiff and respondent, City of Perris (the City), designated certain truck routes in an amended circulation element of its general plan. To est... More...   $0 (08-09-2013 - CA)

AEP Oklahoma Transmission Company v. Marian Elizabeth Rother

AEP Oklahoma Transmission Company sued Marian Elizabeth Rother and Dale Rother on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by them by condemnation claiming:

I.

That AEP is a corporation, duly organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, fully authorized and qualified t... More...
   $37000 (07-24-2013 - OK)

Lisa Zalaski v. City of Hartford

In this action pursuant to 42 U.S.C. § 1983, plaintiffs, the Animal Rights Front, Inc. (“ARF”) and two of its members, Lisa Zalaski and Derek V. Oatis, appeal from a judgment of the United States District Court for the District of Connecticut (Vanessa L. Bryant, Judge), entered after a bench trial in favor of defendant, Hartford Police Sergeant Daniel Albert, on claims that Albert violated pl... More...   $0 (07-23-2013 - CT)

Oklahoma Gas and Electric Company v. Corsair Cattle Company

Oklahoma Gas and Electric Company sued Corsair Cattle Company 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.

2. With... More...
   $0 (07-22-2013 - OK)

Southwestern Energy Production Company v. Toby Berry-Helfand and Gery Muncey

In this trade secret case, Southwestern Energy Production Company (Sepco) appeals a judgment for almost $40 million, including attorney‘s fees, rendered in favor of Toby Berry-Helfand and Gery Muncey after a jury trial. Sepco raises five issues on appeal. We reverse and render in part, affirm in part, and remand the cause for determination and award of attorney‘s fees due Sepco as the prevaili... More...   $0 (07-19-2013 - TX)

Clear Lake Center, L.P. v. Garden Ridge, L.P

Garden Ridge, L.P. sued Clear Lake Center, L.P. for breach of a commercial real property lease. Garden Ridge claimed that Clear Lake charged Garden Ridge for impermissible management fees under the lease. Garden Ridge moved for summary judgment on its affirmative claim and on Clear Lake‘s counterclaim for declaratory relief. Clear Lake responded and moved for summary judgment on its affirmative ... More...   $0 (07-19-2013 - TX)

City of McAllen, Texas v. Arnaldo Ramirez, Jr.

Arnoldo Ramirez Jr., Raul Romero, Promotions of America, Inc. (“Promotions”), and Nolana Entertainment, Inc. (“Nolana”), brought suit against the City of McAllen for “taking of property without due course of law or compensation” under article 1, section 17 of the Texas Constitution. See TEX. CONST. art. I, § 17 (establishing that “no

2

person’s property shall be take... More...
   $0 (07-18-2013 - TX)

The Department of Natural Resources v. Shirley A. Waide

¶ 1 Plaintiff, the Department of Natural Resources of the State of Illinois (Department), formerly the Department of Conservation, sought reformation of a warranty deed or a declaration that the warranty deed did not reserve an undivided one-fourth interest in the mineral rights of certain property conveyed by the warranty deed. Defendants, the heirs and assignees of the estate of the previous ow... More...   $0 (07-17-2013 - IL)

The City of Enid, Oklahoma v. D&D Premier Properties, LLC

The City of Enid, Oklahoma sued D&D Premier Properties, LLC, et al. on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by D&D for public purposes alleging:

I.

That the Plaintiff, City of Enid, Oklahoma, a municipal corporation is organized and exists under and by virtue of the Constitution and Statutes of the State of Oklahoma... More...
   $1 (07-11-2013 - OK)

James Coleman v. Soccer Association of Columbia

Thirty years ago, in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), this Court issued a writ of certiorari to decide “whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.” In a compr... More...   $0 (07-09-2013 - MD)

City of Broken Arrow, Oklahoma v. Shawn M. Whistler

City of Broken Arrow, Oklahoma sued Shawn M. Whistler and others on eminent domain theories claiming:

1. The Plaintiff is a Municipal Corporation duly organized and existing under the laws of the State of Oklahoma with its situs of government located in Tulsa County, Oklahoma.

2. The Defendants own or otherwise claim some interest in certain real property gtera1ly located at north of... More...
   $0 (07-08-2013 - OK)

United States of America v. Mark Neuman, Lane Lyons and Timothy D. Larkin

United States of America charged Mark Neuman, Lane Lyons and Timothy D. Larkin with conspiracy to commit mail fraud in violation of 18 U.S.C. 1349 and money laundering in violation of 18 U.S. 1956 in conjunction with the operation of Summit Accomodators, Inc. Accomodator was set up to facilitate 1031 tax-deferred exchanges, sued by investors to avoid or defer taxes.

The Government claim... More...
   $0 (07-03-2013 - NV)

United States v. Edith Schlain Windsor

Two women then resident in New York were married in a lawful ceremony in Ontario, Canada, in 2007. Edith
Windsor and Thea Spyer returned to their home in New York City. When Spyer died in 2009, she left her entire estate to Windsor. Windsor sought to claim the estate tax exemption for surviving spouses. She was barred from doing so, however, by a federal law, the Defense of Marriage Act, which... More...
   $0 (06-26-2013 - )

Series AGI West Linn v. Robert Eves

Robert Eves appeals from the Judicial Council form AT-120 Right to Attach Order and Order for Issuance of Writ of Attachment. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still exc... More...   $0 (06-14-2013 - CA)

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