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Condemnation Law
 
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)

AM Rodriguez Associates, Inc. v. City Council of the City of the Village of Douglas

Plaintiff appeals by right the circuit court’s order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(7). We affirm in part, reverse in part, and remand for further proceedings with respect to plaintiff’s inverse condemnation claim.

I

Plaintiff owns real property in the City of the Village of Douglas (the City) consisting of approximately 16 acres. In ... More...
   $0 (01-12-2012 - MI)

Wade Berger v. Town of Denmark

¶1 CANE, J. Wade and Ilona Berger appeal an order dismissing their action challenging the Town of New Denmark’s determination that their two parcels are of insufficient acreage for development. They assert that the parcels are of sufficient size when property underlying a county highway abutting their land is included in the acreage calculation. Further, they argue that the circuit c... More...   $0 (01-10-2012 - WI)

Muneer Awad v. Paul Ziriax

On November 2, 2010, Oklahoma voters approved a proposed constitutional amendment that would prevent Oklahoma state courts from considering or using Sharia law. Before the amendment can become effective, the Oklahoma State Election Board must certify this election result. The Board members have asked us to review whether a federal district court abused its discretion when it granted a preliminary ... More...   $0 (01-10-2012 - OK)

Yellow Book Sales and Distribution Company, Inc. v. David Valle

The plaintiff, Yellow Book Sales & Distribution Company, Inc. (Yellow Book), appeals from the summary judgment rendered by the trial court in favor of the defendant, David Valle. On appeal, Yellow Book claims that the court incorrectly concluded that the agreement between the parties was rendered unenforceable by the statute of frauds, General Statutes § 52- 550.1 For the reasons explained below,... More...   $0 (01-09-2012 - CT)

Lower Payette Ditch Company v. Robert L. Harveny

This is an appeal challenging the district court’s ruling that appellants were not the sole prevailing parties in this litigation. We affirm the judgment of the district court.

I.

Factual Background

Robert and Margaret Harvey (Defendants) own 220 acres of farmland on an elevated bluff that is near a section of an irrigation canal owned by the Lower Payette Ditch Company (Pla... More...
   $0 (01-05-2012 - ID)

Debra L. Miller v. Glacier Development Company, L.L.C.

Lester M. Dean, Jr. challenges the entry of a personal judgment against him for an excess condemnation award which had been paid to Glacier Development Co., L.L.C. (Glacier), a limited liability company (LLC) of which Dean was the sole and managing member. Finding that the district court did not have jurisdiction to make the findings necessary to hold Dean personally liable for an LLC debt, we rev... More...   $0 (12-23-2011 - KS)

Reubin Bailey v. Preserve Rural Roads of Madison County, Inc.

Appellant, Reubin Bailey, appeals from an opinion of the Court of Appeals affirming a summary judgment entered by the Madison Circuit Court that enjoined him from blocking a discontinued county road with a gate. Appellant argues that we should reverse the Court of Appeals because: 1) Appellees, Curtis Tate and an association known as Preserve Rural Roads of Madison County, Inc. (hereinafter "Rural... More...   $0 (12-22-2011 - KY)

E & F Cox Family Trust v. City of Tulsa

Appellees have made every effort to distract first the trial court and now this Court from ever reaching the basic legal issues presented in this case. Quite simply, is a professional baseball stadium/event arena for up to 9000 spectators a “local improvement” that can be assessed against neighboring properties, or is it by its very nature a general improvement for the benefit of the communit... More...   $0 (12-17-2011 - OK)

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