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Condemnation Law
 
Ranger Abbott v. City of Paris, Texas and Kevin Carruth

This lawsuit, stemming from Ranger Abbott’s purchase in 2008 of a 7.77-acre tract of land (the Property) in Paris, Texas, is burdened with a complex history involving a previous lawsuit and appeal to this Court. Both suits concern attempts by Abbott to expand a mobile home park on the Property. When Abbott purchased the Property, approximately one-half of it was being used as a mobile home park ... More...   $0 (03-07-2014 - TX)

The City of Oklahoma City v. OK-CA Investments Corp.

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma a... More...
   $95000 (02-27-2014 - OK)

Clear Sky Car Wash, LLC v. City of Chesapeake, Virginia

In connection with a project to widen Dominion Boulevard (U.S. Route 17) in the City of Chesapeake, Virginia, the City took the property of Clear Sky Car Wash LLC, consisting of a 32,056-square-foot parcel of land on which Clear Sky operated a car wash. Following unsuccessful negotiations with Clear Sky to purchase the property, the City initiated a “quick take” proceeding to take the property... More...   $0 (02-21-2014 - VA)

The City of Oklahoma City v. Jerry Hovarter and Stacey Hovarter

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the
Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Ok... More...
   $0 (02-20-2014 - OK)

Midtown Edge, L.P. v. City of Houston

In this interlocutory appeal,1 appellants, Midtown Edge, L.P., and Midtown Condominiums, L.L.C. (collectively, “Edge”), challenge the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City”), in


1 TEX. CIV. PRAC.& REM CODE ANN. §.51.014(a)(8) (Vernon Supp. 2013).

2

Edge’s suit against the City for breach of contra... More...
   $0 (02-13-2014 - TX)

State of Oklahoma, ex rel. Department of Transportation v. Lloyd E. Cole, Jr. Revocable Trust, Lloyd E. Cole, Jr. Trustee and Adair County Treasurer

The State of Oklahoma, ex rel. Department of Transportation sued Lloyd E. Cole, Jr. Revocable Trust, Lloyd E. Cole, Jr. Trustee and Adair County Treasurer on an eminent domain theory seeking to acquire by condemnation certain, rights, title and interests in real property owned by the Defendants for public use.

COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation ... More...
   $0 (02-11-2014 - OK)

Luis Jesus Guzman v. Dale Piercy v. Canyon County

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe... More...   $0 (02-07-2014 - ID)

Luis Jesus Guzman v. Dale Piercy

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe... More...   $0 (02-07-2014 - ID)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT)
condemned property belonging to Walker Development
Partnership. After nearly twenty years of litigation between UDOT
and Walker, UDOT moved to exclude evidence that it took
property not identified in the 1992 Condemnation Resolution. The
district court granted UDOT’s motion to exclude. We affirm.
UDOT v. Walker Dev... More...
   $0 (02-06-2014 - UT)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT) condemned property belonging to Walker Development Partnership. After nearly twenty years of litigation between UDOT and Walker, UDOT moved to exclude evidence that it took property not identified in the 1992 Condemnation Resolution. The district court granted UDOT’s motion to exclude. We affirm.

UDOT v. Walker Development

2... More...
   $0 (02-06-2014 - UT)

Estate of Henry Barabin v. AstenJohnson, Inc.

This case requires us to once again consider the district court’s admission of expert testimony at trial. We review the admission of expert testimony at trial for an abuse of discretion. Primiano v. Cook, 598 F.3d 558, 563 (9th Cir. 2010). If the district court improperly admitted the expert testimony, we apply harmless error review to determine whether its decision must be reversed. United Stat... More...   $0 (01-15-2014 - WA)

City of Bixby v. Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer

City of Bixby sued Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title and interest in real property owned by the Judds for public use.

The Pre-Trail Order entered by the court for this case provided, in part, as follows:

Condenmation proceeding wherein Plaintiff is taking 6.0 acres plus improvem... More...
   $225000 (01-10-2014 - OK)

City of Gulfport v. Dedeaux Utility

The City of Gulfport sued Dedeaux Utility on an eminent domain theory seeking to acquire by condemnation the business assets of Defendant's utility company after the annexation by the City of the Orange Grove area.

... More...
   $8060000 (12-28-2013 - MI)

Oncor Electric Delivery Company LLC v. James Milton Schunke

Oncor Electric Company LLC appeals from a judgment rendered on a special commissioners’ award in a condemnation case. We conclude the trial court erred in rendering judgment on the commissioners’ award. We therefore reverse and remand for further proceedings.

BACKGROUND

A condemnation action begins as an administrative proceeding and, if necessary, may be converted to a judicial... More...   $0 (12-18-2013 - TX)

Oklahoma Gas and Electric Company, a domestic corporation v. Theodore C. Harvey and Bobbie J. Harvey, husband and wife; the Virginia Harvey Living Trust, Virginia Harvey, Trustee; annd Kathy Holloway Ellis County Treasurer; and the Board of County Commissioners of Ellis County, a body corporate and politic.

Oklahoma Gas and Electric Company, a domestic corporation sued Theodore C. Harvey and Bobbie J. Harvey, husband and wife; the Virginia Harvey Living Trust, Virginia Harvey, Trustee; annd Kathy Holloway Ellis County Treasurer; and the Board of County Commissioners of Ellis County, a body corporate and politic on eminent domain theories seeking to acquire by condemnation certain rights, title and in... More...   $1400 (12-17-2013 - OK)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh... More...   $0 (12-15-2013 - UT)

The City of Oklahoma City v. Grant G. Wilson

The City of Oklahoma City sued Grant G. Wilson on an eminent domain theory claiming to acquire by condemnation certain rights, title and interests in real property owned by Defendant for public use.

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma and its authorized C... More...
   $8300 (12-13-2013 - OK)

Oncor Electric Delivery Company, LLC v. Carl H. Brockriede

These are consolidated permissive interlocutory appeals arising from eminent domain proceedings. In three issues, Oncor Electric Delivery Company, LLC contends that a trial court properly complies with section 21.049 of the property code by sending notice of a special commissioner’s award solely to a party and not the party’s attorney, even if the party is represented by counsel and that fact ... More...   $0 (12-12-2013 - TX)

Independent School District No. 5 v. Patrick Taylor

Tulsa County, Oklahoma Independent School District No. 5 sued Patrick Taylor on an eminent domain theory seeking to obtain by condemnation certain rights, title and interests from Mr. Taylor and his wife for public use.

The Plaintiff, which is a public school district, initiated this lawsuit to condemn an approximately 12.7 acre tract of land owned by the landowners. The land is located ... More...
   $3100000 (12-02-2013 - OK)

The County of Dakota v. George W. Cameron, IV

The legal questions presented by this case relate to the operation of Minnesota’s minimum-compensation statute, Minn. Stat. § 117.187 (2012), which provides a mechanism for compensating property owners who “must relocate” following the condemnation of their real property. Appellant George W. Cameron, IV, who had his

3

commercial property taken by respondent County of Dakota (... More...
   $0 (11-27-2013 - MN)

State of Oklahoma, ex rel. Oklahoma Department of Transportation v. Cedars Group, LLC

¶1 We must determine whether the three-day mailing rule of 12 O.S. §2006(D) applies to defendants'/appellants' post-trial motions for costs and attorney fees filed in the trial court.1 We answer in the affirmative. A jury verdict was rendered in favor of the defendants in a condemnation action on February 17, 2011. The award was at least ten percent greater than the award of the commissioners, s... More...   $0 (11-26-2013 - OK)

United States of America v. 515 Granby, LLC

Appellants 515 Granby, LLC (“Granby”) and Marathon Development Group, Inc. (“Marathon”) appeal the district court’s denial of attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, after prevailing against the United States on the issue of just compensation in a condemnation proceeding. The EAJA provides that a party who prevails in litigation against th... More...   $0 (11-21-2013 - VA)

Gordon Beyer v. City of Marathon

Gordon Beyer and Molly Beyer (“the Beyers”) seek to reverse a final summary judgment in favor of the City of Marathon and third-party defendant, the State of Florida, on the appellants’ inverse condemnation suit. We affirm. In 1970, the Beyers purchased the undeveloped nine-acre offshore island, Bamboo Key. At the time of purchase, the property was undeveloped and under the jurisdiction of M... More...   $0 (11-08-2013 - FL)

Daniel Montoya v. Alfonso Barragan

Dr. Alfonso Barragan appeals the trial court’s order granting plaintiffs’ new trial motion on the ground of insufficiency of the evidence of causation and irregularity in the proceedings. Plaintiffs Daniel Montoya, Moises Montoya, Saul Montoya and Antonio Montoya (plaintiffs) are the family of decedent Olivia Montoya (Montoya), who died while in Dr. Barragan’s care. After their complaint for... More...   $0 (11-03-2013 - CA)

CAMERON COUNTY, TEXAS CARLOS H. CASCOS, SOPHIA BENAVIDES, JOHN WOOD, DAVID A. GARZA AND EDNA TAMAYO v. FRANK A. TOMPKINS, INDIVIDUALLY AND AS TRUSTEE, AND CAROLYN TOMPKINS YOUNG

Ownership of land that comprises a portion of Andy Bowie Park on South Padre Island is at issue in this lawsuit. Appellant Cameron County leased the land to a third party so that a hotel could be built on it. Appellees Frank A. Tompkins, individually and as Trustee, Carolyn Tompkins Young, Perry Tompkins, and Lawrence Young1 (collectively “the Tompkinses”) sued Cameron County, Cameron County J... More...   $0 (10-24-2013 - )

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