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Condemnation Law
Nancy K. Alanis v. Edward F. Valdespino

Nancy K. Alanis sued Edward F. Valdespino and Strasburger & Price, LLP, asserting seven claims based on allegations that she was wrongfully deprived of payment of a portion of the proceeds awarded in a separate condemnation proceeding. Nancy also sued Artemio A. Alanis, Jr. for fraud and conversion based on the same allegations. Two claims were dismissed when Nancy failed to timely amend her plead... More...   $0 (05-23-2012 - TX)

Street Seafood, Inc. v. City of Wildwood

In this inverse condemnation action involving a property in a redevelopment zone, plaintiff appeals from a judgment in favor of defendant following a bench trial.1 Judge Michael Winkelstein found plaintiff's failure to file a redevelopment application for its property precluded its inverse condemnation claims and purported comments by individual municipal officials that no building permits would b... More...   $0 (05-18-2012 - NJ)

City of Livermore v. Dennis E. Baca

Dennis E. Baca appeals a judgment entered in an action for eminent domain commenced by the City of Livermore. On appeal, Mr. Baca asserts the trial court erred in excluding all of his proffered evidence of permanent and temporary severance damages related to the takings during in limine motions. Mr. Baca argues the court‟s exclusion of all of his evidence was tantamount to granting a nonsuit in ... More...   $0 (05-16-2012 - CA)

Carolina Convenience Stores, Inc. v. City of Spartanburg, S.C.

Carolina Convenience Stores, Inc., Harry Lancaster, Jr., and Willard Oil Company, Inc. (collectively, CCS) appeal the circuit court's grant of summary judgment in favor of the City of Spartanburg (the City) on CCS's inverse condemnation claim against the City. We affirm.


This appeal stems from a hostage incident that occurred at CCS on July 19, 2004. Because ... More...
   $0 (05-09-2012 - SC)

American Civil Liberties Union of Illinois

The Illinois eavesdropping statute makes it a felony to audio record “all or any part of any conversation” unless all parties to the conversation give their consent. 720 ILL. COMP. STAT. 5/14-2(a)(1). The statute covers any oral communication regardless of whether the communication was intended to be private.

Id. 5/14-1(d). The offense is normally a class 4 felony but is elevated t... More...   $0 (05-08-2012 - IL)

City of Abelene v. Victoria Carter

This is an interlocutory appeal from the trial court’s denial, in part, of the City of Abilene’s plea to the jurisdiction. Victoria Carter, appellee, brought tort claims as well as consti-tutional claims against the City to recover for water damage done to her property. She also sued to recover payments she made for water bills incurred during the time that water was leaking at her property. ... More...   $0 (05-03-2012 - TX)

ONEOK Gas Storage, LLC v. K74 Ranch, Inc.

ONEOK Gas Storage, LLC sued K74 Ranch, Inc. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests owned by Defendant for its use to operate an underground natural gas storage facility in Kingfisher County, Oklahoma.

The Court appointed Jan Goodyear, Dawna Elmore and Lorie Nail as commissioners to appraise Defendant's property and assess the damag... More...
   $34200 (04-23-2012 - OK)

Bret Miller v. City of Wentzville, Missouri

Plaintiffs, Bret Miller and Natalie Miller, appeal from the entry of summary judgment in favor of defendant, the City of Wentzville, Missouri, on their inverse condemnation claim to recover damages for cracks in their garage and house foundation, which they alleged had been caused by "street creep," the movement and expansion of the concrete street in the absence of adequate expansion joints.
... More...
   $0 (04-17-2012 - MO)

State of Texas and Tarrant County, Texas v. Ledrec, Inc.

This is an agreed interlocutory appeal from the trial court’s denial of the State of Texas’s and Tarrant County, Texas’s motion for partial summary judgment challenging Ledrec, Inc.’s expert’s formulation of damages in this condemnation case. See Act of May 27, 2005, 79th Leg., R.S., ch. 1051, §§ 1–2, 2005 Tex. Gen. Laws 3512, 3512–13 (former Tex. Civ. Prac. & Rem. Code Ann. § 51... More...   $0 (04-12-2012 - TX)

State of Oklahoma, ex rel. Department of Transportation v. Don L. Wilson

State of Oklahoma, ex rel. Department of Transportation sued Don L. Wilson, Trustee of the Don L. Wilson Living Trust, et al. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests for public use.

The Court appointed Phillip Isaacs, Patrick Glenn and Alan Schmook as commissioners to appraise the value of the property taken and the damages, if any,... More...
   $982000 (04-11-2012 - OK)

Susan Ballou v. Law Offices of Howard Lee Schiff, P.C.

The dispositive issue in this case, which comes to us upon our acceptance of two certified questions from the United States District Court for the District of Connecticut pursuant to General Statutes § 51- 199b (d),1 is whether General Statutes § 52-356d (e)2 provides for the automatic accrual of postjudgment interest on all judgments in which an installment payment order has been entered by the... More...   $0 (04-04-2012 - CT)

State of Oklahoma, ex rel. Department of Transportation v. Larry Dale Snyder

The State of Oklahoma, ex rel. Department of Transportation sued Larry Dale Snyder on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendants for public use. The State sought to acquire 1.94 acres of Defendants' property.

The Court appointed Darryl Lockard, Marshall Ford and Rick Daugherty to serve as commissioners... More...
   $45000 (04-03-2012 - OK)

Jeffrey K. Beard v. Johnson and Johnson, Inc.

This appeal arises out of a medical-device product liability action in which a strictliability, design-defect theory was asserted. Given that the surgical instrument in issue is said to have multiple applications, we are asked to determine whether a trial court’s threshold risk-utility analysis should be limited to the particular one alleged to have caused the plaintiff harm. Additionally, appea... More...   $0 (03-31-2012 - PA)

Badrudin Kurwa v. Mark B. Kislinger

Plaintiff Badrudin Kurwa ("Dr. Kurwa"), on behalf of himself and derivatively on behalf of Trans Valley Eye Associates, Inc. ("Trans Valley"), sued defendant Mark B. Kislinger and his professional corporations (together, "Dr. Kislinger") for breach of fiduciary duty and defamation, and sought an accounting.1 Dr. Kislinger cross-complained for defamation. The trial court determined that Dr. Kisling... More...   $0 (03-05-2012 - CA)

Town of Flower Mound, Texas v. Rembert Enterprises, Inc.

After considering Appellants‘ motion for rehearing, we deny the motion but withdraw our prior opinion and judgment of December 8, 2011, and substitute the following.

In this interlocutory appeal, Appellants Town of Flower Mound, Texas; Harlan Jefferson, Town Manager; and Charles Springer, Assistant Town Manager/Chief Financial Officer (collectively, Appellants) challenge the trial court... More...
   $0 (03-01-2012 - TX)

Dallas County, Texas v. Crestview Corners Car Wash

Dallas County condemned a portion of appellees' See Footnote 1 property for the purpose of widening Trinity Mills Road in Carrollton. Following a jury trial, the trial court rendered judgment and awarded the County a permanent easement and street right-of-way over a portion of Crestview's real property. It also awarded Crestview the stipulated value of the portion taken, plus damages to the re... More...   $0 (02-16-2012 - TX)

City of Siloam Springs v. The Kansas City Southern Transport Company, Inc.

City of Siloam Springs sued The Kansas City Southern Transport Company, Inc. on an eminent domain theory seeking to acquire some right, title or interested in real property owned by Defendant by condemnation.... More...   $0 (02-14-2012 - AR)

Bear Creek Township v. Joan H. Riebel

Joan H. Riebel, Harold J. Harris, and Brian W. Harris (Landowners) appeal an order of the Court of Common Pleas of Luzerne County (trial court) that overruled their key preliminary objection to Bear Creek Township‟s (Township) Declaration of Taking.2 The trial court held that the Township‟s taking of land for a charter school and a recreational area was authorized by The Second Class Township ... More...   $0 (02-13-2012 - PA)

State of Oklahoma, ex rel. Department of Transportation v. Steve J. Melton

State of Oklahoma, ex rel. Department of Transportation sued Steve J. Melton on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owned by Defendant.

Gary Fleener, Mike Craddrock and Jim Barton were appoint commissioners by the Court. ... More...
   $1 (02-10-2012 - OK)

City of Jenks v. Roger E. Sparkman

The City of Jenks sued Roger E. Sparkman and La Vella Sparkman on eminent domain theoris seeking to acquire certain rights, title and interest in real property owned by Defendants by condemnation for public use. The property in question was located at 711 South Elm, Jenks, Oklahoma.

The Court appointed George O'Conner, Max Tankersley and Lance Larey to service as commissioners and to assess... More...
   $353700 (02-09-2012 - OK)

Alicia Wilson Kuykendall v. City of San Antonio

Ms. Alicia Kuykendall appeals the district court’s judgment affirming the San Antonio Dangerous Structure Determination Board’s decision ordering two buildings to be demolished. She raises three issues for this Court’s review. Issues One and Three challenge the notice procedures related to the condemnation proceedings on due process grounds. In Issue Two, Ms. Kuykendall asserts that the d... More...   $0 (02-02-2012 - TX)

JoAnn Cooper v. Escambia County Commission

JoAnn Cooper sued Escambia County Commission, Suzanne Sirmon and Johnnie Sirmon on a condemnation.

The claims made and defenses asserted are unavailable.... More...
   $0 (01-30-2012 - AL)

Pinellas County v. Donna K. Baldwin

Donna K. Baldwin filed an action in Hillsborough County against Pinellas County (the County) for the inverse condemnation of her land located wholly within Hillsborough County. The County moved to dismiss the action for improper venue, claiming its home venue privilege. The circuit court denied the motion, and the County appeals.1 Because Ms. Baldwin's complaint for inverse condemnation invoked th... More...   $0 (01-20-2012 - FL)

City of Laredo v. Luis Montano

The City of Laredo appeals a judgment awarding attorney’s fees to the appellees (“Montano Family”) after a jury found that the City of Laredo intended to condemn property owned by the Montano Family for an unauthorized use. The City of Laredo challenges: (1) the legal and factual sufficiency of the evidence to support the attorney’s fees awarded to the Montano Family; (2) the authority to ... More...   $0 (01-19-2012 - TX)

Campbell County v. Claude M. Royal

In this action, the trial court granted summary judgment against a locality, holding it liable to landowners under the State Water Control Law, Code §§ 62.1-44.2 through -44.34:28 (the Water Control Law), in particular Code § 62.1-44.34:18(C) of the "Discharge of Oil Into Waters" Law, Code §§ 62.1-44.34:14 through -44.34:23 (the Oil Discharge Law), for the contamination of groundwater by leac... More...   $0 (01-13-2012 - VA)

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