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Condemnation Law
 
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)

Victor Aiuto v. City and County of San Francisco

Plaintiffs are owners of condominium units that are designated “Below Market Rate” (BMR units), and thus subject to restrictions imposed by the Below Market Rate Condominium Conversion Program (BMR Program) created by the City and County of San Francisco (the City), under authority of the state Subdivision Map Act (Gov. Code,

§§ 66410 et seq.) (SMA).1 Plaintiffs filed this lawsuit aga... More...
   $0 (12-15-2011 - CA)

Ashley Joffe v. City of Huntington Park

The plaintiffs, Ashley Joffe (Joffe) and Plycraft Industries, a California corporation (Plycraft; collectively, plaintiffs) appeal from the judgment of dismissal entered by the trial court following its order sustaining without leave to amend the demurrer of two defendants1 to plaintiffs‟ cause of action for inverse condemnation.2 This case raises issues concerning the application of the Supreme... More...   $0 (12-02-2011 - CA)

County of Boise v. Idaho Counties Rick Management Program

This is an insurance coverage dispute between the County of Boise (the County) and its insurer, Idaho Counties Risk Management Program (ICRMP). ICRMP refused to defend the County in Fair Housing Act (FHA) litigation in federal court, which the County claimed breached its insurance agreement. The district court determined the FHA claims against the County were excluded from the policy and granted s... More...   $0 (11-30-2011 - ID)

Edith Milstone v. City of Monore, Wisconsin

Edith Milestone was banned from entering the Senior Center in the City of Monroe, Wisconsin, because she repeatedly violated the Center’s Code of Conduct. She sued the City under 42 U.S.C. § 1983 claiming that the expulsion violated her free-speech and due-process rights and that the Code is facially unconstitutional. A magistrate judge granted summary judgment for the City. The judge held that... More...   $0 (11-21-2011 - WI)

Roger Zimmerman v. Board of County Commissioners of Wabaunsee County

This case involves a decision by the Board of County Commissioners of Wabaunsee County (Board) to amend its zoning regulations. Specifically, the Board permitted Small Wind Energy Conversion Systems (SWECS) but prohibited the placement of Commercial Wind Energy Conversion Systems (CWECS, i.e., commercial wind farms) in the county. Plaintiffs are owners of land in the county. They were later joined... More...   $0 (11-20-2011 - KS)

George H. Russell v. Waterwood Improvement Association, Inc.

This is an appeal from the trial court‟s grant of a temporary injunction restraining George and Suzanne Russell from interfering with the Waterwood Improvement Association‟s (“WIA”) maintenance of Waterwood Parkway. Appellants argue that the trial court erred in finding that WIA established a probable right to recovery, in improperly restricting their right to free speech, and in drafting ... More...   $0 (11-17-2011 - TX)

George H. Russell v. Waterwood Improvement Association, Inc.

This is an appeal from the trial court‟s grant of a temporary injunction restraining George and Suzanne Russell from interfering with the Waterwood Improvement Association‟s (“WIA”) maintenance of Waterwood Parkway. Appellants argue that the trial court erred in finding that WIA established a probable right to recovery, in improperly restricting their right to free speech, and in drafting ... More...   $0 (11-17-2011 - TX)

Delta Regional Airport Authority v. Grover Gunn, III

In this eminent-domain case, appellant Delta Regional Airport Authority appeals from the jury’s award of compensation of $150,000 to appellee J.T. Jarrett & Sons, a partnership that holds a leasehold interest in the property. Delta also appeals from the circuit court’s order granting attorney’s fees to the landowners, appellees Grover Gunn, III; Michael Scott Gunn; and Edgar Lindsey Gunn (co... More...   $0 (11-16-2011 - AR)

Patrick R. Hall v. State of South Dakota

[¶1.] Patrick Hall, Marlyn Erickson, and Fuel Food Mart, Inc. (“Landowners”) own property abutting former Exit 66 on Interstate 90 (I-90), a controlled-access highway that passes by Ellsworth Air Force Base. A part of Landowners’ property was taken by condemnation in 1961 for the construction of I- 90 and Exit 66. In that condemnation proceeding, the State mitigated the severance damages fo... More...   $0 (11-15-2011 - SD)

City of Tulsa v. John Stephen Jennings

City of Tulsa sued John Stephen Jennings and Rosa L. Jennings on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendants for public use.

The Court appointed Leroy McDaniel, Rick Thomas and Kathy Geyer commissioners to assess the damages sustained by Defendants for the taking of their property. The Commissioners aw... More...
   $0 (11-14-2011 - OK)

Wiacek Farms, LLC v. City of Shelton

The defendant Mark A. Lauretti1 appeals from the judgment of the trial court denying his motion for summary judgment, which asserted that the doctrine of collateral estoppel barred the action brought by the plaintiff, Wiacek Farms, LLC. We affirm the judgment of the trial court.

The record, viewed in the light most favorable to the plaintiff; see Martinelli v. Fusi, 290 Conn. 347, 350, 963 ... More...
   $0 (11-11-2011 - CT)

Jimmie D. Bennett v. Wise County

Appellants Jimmie D. Bennett and June Bennett appeal from the trial court’s judgment that they take nothing on their claims against Appellees Wise County (the County), commissioner Mikel Richardson (in his official and individual capacities), commissioner Danny White (in his official capacity), and former commissioner Robert Rankin. The Bennetts bring four issues on appeal, all based on their a... More...   $0 (11-10-2011 - TX)

SemCrude LP v. Alan C. Chittum

Semcrude LP sued Alan C. Chittum on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendant for Plaintiff's use for the purpose of building and maintaining a crude oil pipeline.

Defendant admitted that he owned the property Plaintiff sought to acquire for its pipeline.

The commissioners appointed by the Court... More...
   $7919 (11-09-2011 - OK)

Department Of Transportation v. Belle Isle Community Church, Inc.

Department Of Transportation sued Belle Isle Community Church, Inc. on an eminent domain theory seeking to acquire certain rights, title and interests from Defendant by condemnation for public use. The property involved was locate don the east side of Highway 71/Portland Avenue, south of N.W. 150th Street. The date of taking was February 14, 2008.

The commissioners appointed by the Court... More...
   $1020000 (11-07-2011 - OK)

Oklahoma Gas and Electric Company v. Isabel Loosen Rein, Inc.

Oklahoma Gas and Electric Company sued Isabel Loosen Rein, Inc. and others on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendant for Plaintiff's use in its business in Canadian County to build and maintain an electrical transmission line.

The Commissioners appointed by the Court awarded Defendant $51,700.00.More...
   $140640 (10-31-2011 - OK)

Theresa P. O'Connor v. Dorothy Larocque

The defendant, Dorothy Larocque, appeals1 from the judgment of the trial court quieting title to certain real property in favor of the named plaintiff, 2 Theresa P. O’Connor, predicated on a finding that the plaintiff had disseized the defendant of her interest in the property as a tenant in common. The defendant claims that the trial court improperly determined that the plaintiff had overcome t... More...   $0 (10-31-2011 - CT)

Alexis Holyweek v. Rio Tinto, PLC

This is an Alien Tort Statute (ATS) case arising out of the operations of Rio Tinto mining group (Rio Tinto) on the island of Bougainville in Papua New Guinea (PNG) and the uprising against Rio Tinto in the late 1980’s that resulted in the use of military force and many deaths. The Plaintiffs are current or former residents of the island of Bougainville. The ATS provides that “district courts ... More...   $0 (10-25-2011 - CA)

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