¶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 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)

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)

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 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 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)

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)

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)

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. (“Glenelkâ€�) to access an allegedly landlocked parcel of land for residential development.2 The tr... More...   $0 (09-12-2011 - CO)

[¶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)

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 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)

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 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)

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)

{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)

¶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)

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.

BACKGROUND

This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-o... More...   $0 (08-16-2011 - TX)

Appellant Willis Martin, Jr. sued appellees the City of Temple and John Bailey, Susan Long, Jamey Secrest, Randy Stumberg, John Tolbert, Bill Jones, Ernest Knox, Sr., Dean Winkler, David Blackburn, Richard Therriault, Brian Kosel, Danny Dunn, Jason Vandever, Jimmy Taylor, and Kathleen Barina, all individuals employed by or associated with the City, asserting negligence related to a house he bought... More...   $0 (08-11-2011 - TX)

This is an unusual case involving a nuisance claim based on "neutral-to-earth voltage" (NEV), also called "stray voltage" or "stray current," passing along the ground of a residential property. Plaintiffs, Gary and Eileen Smith, husband and wife, sued defendant, Jersey Central Power & Light Company, because high NEV levels from its electrical distribution system gave them shocks in their backyard.... More...   $0 (08-10-2011 - NJ)

O P I N I O N

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own the strip of property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for bea... More...   $0 (08-04-2011 - TX)

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLMâ€�) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f... More...   $0 (08-01-2011 - AK)

David McNeill sued the City of Kansas City on an inverse condemnation theory claiming that a building that he bought in 2008 for $16,000 was demolished by the without notice and opportunity to correct problems with the property. Plaintiff has been advised by the City that he needed to remedy deficiencies and had agreed to do so.... More...   $150000 (07-15-2011 - MO)

The Electronic Privacy Information Center (EPIC) and two individuals petition for review of a decision by the Transportation Security Administration to screen airline passengers by using advanced imaging technology instead of magnetometers. They argue this use of AIT violates various federal statutes and the Fourth Amendment to the Constitution of the United States and, in any event, should have b... More...   $0 (07-15-2011 - DC)

ONEOK Gas Storage, LLC sued Sandra J. Pope, as Trustee of the Lewis C. Pope and Sandra J. Pope Joint Living Trust on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owned by Defendants for underground gas storage in Logan County under Defendant's property.

The commissioners appointed by the Court awarded Defendant $66,201.25.More...   $66000 (07-14-2011 - OK)