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Condemnation Law
 
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 - )

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)

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