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Condemnation Law
Alexis Holyweek v. Rio Tinto, PLC

This is an Alien Tort Statute (ATS) case arising out of the operations of Rio Tinto mining group (Rio Tinto) on the island of Bougainville in Papua New Guinea (PNG) and the uprising against Rio Tinto in the late 1980’s that resulted in the use of military force and many deaths. The Plaintiffs are current or former residents of the island of Bougainville. The ATS provides that “district courts ... More...   $0 (10-25-2011 - CA)

Ajoy Chakrabarti v. City of Orangeburg

Ajoy Chakrabarti sued the City of Orangeburg, New Jersey on inverse condemnation and governmental tort claim theories claiming that its employees were "grossly negligent" in demolishing his fire damaged house.

The house was damaged in 2002. Chakrabati purchased the house in 2003 for $35,000. He was notified in March 2003 that the City considered the house to be unsafe to live. He receiv... More...
   $85000 (10-22-2011 - SC)

Utah Department of Transportation v. Admiral Beverage Corporation

¶1 The Utah Department of Transportation (UDOT) condemned real property belonging to Admiral Beverage Corporation (Admiral) as part of the reconstruction of the Interstate 15 freeway (I-15). Admiral is entitled to compensation from the state for the taking of its property. In the district court, Admiral sought to introduce evidence of the fair market value of its property, including evidence of i... More...   $0 (10-18-2011 - UT)

E & F Cox Family Trust, et al. v. City of Tulsa, et al.

Appellants' Brief
This case involves an objection by certain downtown Tulsa property owners to the creation of the Tulsa Stadium Assessment District. The Stadium Assessment district is approximately 1.5 square miles around downtown Tulsa. The property owners in the district are being assessed $60 million for the purpose of repaying money borrowed by the Tulsa Stadium Trust to fin... More...
   $0 (10-17-2011 - OK)

Carlos Sanchez v. Northwest Airlines, Inc.

Carlos Sanchez brought a claim under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213, alleging his employer, Northwest Airlines, Inc. (“Northwest”), engaged in prohibited disability discrimination by rescinding Sanchez’s offer of promotion on the basis of his perceived physical limitations. Northwest moved for summary judgment contending, in part, that Sanchez’s... More...   $0 (10-14-2011 - MN)

Town of Flower Mound, Texas v. Mockingbird Pipeline, L.P.

Appellant Town of Flower Mound, Texas, attempts to bring an interlocutory appeal of the Denton County Probate Court’s denial of its plea to the jurisdiction in favor of Appellee Mockingbird Pipeline, L.P. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008). We dismiss the appeal for want of jurisdiction.

II. Factual and Procedural Background

Mockingbird, a gas corpo... More...
   $0 (10-13-2011 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Garland Boyd

The State of Oklahoma, ex rel. Department of Transportation sued Garland Boyd aka Garland Boyd, Jr. and Patricia L. Boyd, husband and wife, Trustees of the Garland Boyd and Patricial L. Boyd Revocable Trust dated April 23, 1993; Ralph V. Bell, III and Margie Bell, husband and wife and the Rogers County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title an... More...   $94000 (10-12-2011 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Kevin Lee King

State of Oklahoma, ex rel. Department of Transportation sued Kevin Lee King, Cathey Darlene King, Bank of Oklahoma, N.A. and Rogers County on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in properties owned by Defendants or upon which they had liens or claims for public purposes.

The Court appointed Jack Crosson, Kathy Geyer and Rick Thoma... More...
   $44250 (10-11-2011 - OK)

Gary Myers v. W. Stephen Dee

¶1 Gary Myers filed this action in the District Court for the First Judicial District, Lewis and Clark County, seeking to condemn a strip of land owned by Stephen and Victoria Dee (the Dees) to create a private road allowing access to property owned by Myers. The court granted the Dees’ Motion for Summary Judgment and Myers appeals. We affirm.

¶2 Myers raises two issues on appeal which ... More...
   $0 (10-04-2011 - MT)

Oklahoma Gas and Electric Company v. Star C Land & Cattle Company

Oklahoma Gas and Electric Company sued Star C Land & Cattle Company on an eminent domain theory seeking to acquire by condemnation an easement across Defendant's property to construct and improve a power line.

Commissioners appointed by the Court awarded Defendant $251,200 in damages.

Both parties demanded a jury trial on the issue of damages.... More...
   $200000 (09-30-2011 - OK)

Friends of Polk County v. Robert W. Oliver

2 Petitioners Friends of Polk County and Gloria Bennett (petitioners) appeal a
writ of review judgment.1 3 The judgment modified a decision of a Polk County hearings
4 officer that determined that claimant Martinson (claimant) had a vested right to develop a
5 30-acre portion of a 137-acre tract under section 5(3) of Ballot Measure 49 (2007), but
6 did not have a vested right to de... More...
   $0 (09-28-2011 - OR)

Robert B. Barton v. City of Norwalk

The defendant, the city of Norwalk, appeals from the judgment of the trial court denying its motion for summary judgment against the plaintiff, Robert B. Barton. The defendant claims that the court improperly concluded that the plaintiff’s inverse condemnation action was not precluded by (1) the existence of a judgment in a related eminent domain proceeding, (2) the doctrine of res judicata and ... More...   $0 (09-27-2011 - CT)

Michael J. MIckel v. Robert J. Norton

Michael and Barbara Mickel appeal from a final judgment granting permanent injunctive relief to their neighbors, Robert and Mary Norton. We reverse.

This dispute arose when the Mickels installed a six-foot-high vinyl fence along the property line between their home and the Nortons' home. The Nortons sued the Mickels alleging the fence constituted a private nuisance and that it violated thei... More...
   $0 (09-23-2011 - FL)

Tulsa Community College v. Revocable Miller Family Trust

Tulsa Community College sued the Revocable Miller Family Trust on a condemnation theory seeking to acquire certain rights, title and interest in property owned by the trust for public purposes.

The Commissioners awarded Defendant $112,500.... More...
   $112500 (09-20-2011 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Hazel Lorraine Evans

The State of Oklahoma, ex rel. Department of Transportation sued Hazel Lorraine Evans on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Evans.

The Court appointed Daris Stimson, Rick Thomas and Kathy Geyer as commissioners to appraise the value of the property taken and damages, if any, to the remainder. They report... More...
   $66000 (09-13-2011 - OK)

Bradley R. Johnson v. Poway Unified School District

We consider whether a public school district infringes the First Amendment liberties of one of its teachers when it orders him not to use his public position as a pulpit from which to preach his own views on the role of God in our Nation’s history to the captive students in his mathematics classroom. The answer is clear: it does not.

When Bradley Johnson, a high school calculus teacher, g... More...
   $0 (09-13-2011 - CA)

The Glenelk Assoication, Inc. v. Ronald P. Lewis

We granted certiorari to review the court of appeals’ unpublished decision in The Glenelk Ass’n, Inc.v.Ronald Lewis, No. 09CA1209.1 In this private condemnation proceeding, respondent Ronald P. Lewis seeks to condemn a private way of necessity across land owned by The Glenelk Association, Inc. (“Glenelk”) to access an allegedly landlocked parcel of land for residential development.2 The tr... More...   $0 (09-12-2011 - CO)

Rapid City Journal v. The Honorable John J. Delaney

[¶1.] This is an original proceeding for an alternative writ of mandamus or prohibition brought by the Rapid City Journal, the Associated Press, and the South Dakota Newspaper Association (collectively referred to as the Media) against the Honorable John J. Delaney, circuit court judge. The Media brought this action because Judge Delaney (1) imposed a gag order on the parties and (2) closed the t... More...   $0 (09-07-2011 - SD)

State of Oklahoma, ex rel. Department of Transportation v. David James Harris

The State of Oklahoma, ex rel. Department of Transportation sued David James Harris; the Estate of Minnie Brunson, deceased, her successors and assigns; Bill Brunson; and Roberts County Treasurer on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by defendants or in which they might claim an interest by condemnation for public use.

The ... More...
   $117000 (09-06-2011 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Joleta Kay Ingersoll

State of Oklahoma, ex rel. Department of Transportation sued Joleta Kay Ingersoll and Larry Dean Spurlock on eminent domain theories seeking to acquire property owned by them by condemnation for public use.

The Commissioners appointed by the Court to appraise the property awarded Defendants $106,500. ... More...
   $277000 (08-31-2011 - OK)

Yvonne Como v. City of Beaumont, Texas

This is an appeal from the trial court‟s dismissal of a suit based on a city‟s claim of sovereign immunity. The City of Beaumont declared Yvonne Como‟s commercial building a public nuisance and condemned the property. Como did not challenge the condemnation by filing a writ of certiorari, but she sued the City more than one year after the City demolished the building. The trial court granted... More...   $0 (08-31-2011 - TX)

Sarah Illig v. Union Electric Company

Sarah and Gale Illig (collectively, "Illig"), on behalf of themselves and others similarly situated, brought suit against Union Electric Company ("Union") in Missouri state court, alleging claims of inverse condemnation and trespass under Missouri law.

The Surface Transportation Board (STB) regulates "the construction, operation, and abandonment of most railroad lines in the United States."... More...
   $0 (08-31-2011 - MO)

Michael T. Gutierrez v. County of San Bernardino

The present action is brought by plaintiff homeowners, Michael T. Gutierrez, Louise Gutierrez, Martin Gutierrez, Jr., Carmen V. Gutierrez, Anthony Bieggar, Rosa Bieggar, Frank Magdaleno, Carol Magdaleno, Ulric Presta, Nikki Presta, Chris E. Scott, and Michelle L. Scott, for inverse condemnation against defendant County of San Bernardino (the County). The alleged takings occurred during rainstorms ... More...   $0 (08-24-2011 - CA)

City of Rio Rancho v. SMREP Southwest, Inc.

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same reco... More...   $0 (08-22-2011 - NM)

Marion Energy, Inc. v. KFJ Ranch Partnership

¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits... More...   $0 (08-19-2011 - UT)

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