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Condemnation Law
 
Specialized Freight Forwarders v. Dragone Classic Motorcars, Inc.

The defendant, Dragone Classic Motorcars, Inc., appeals from the judgment of the trial court in favor of the plaintiff, Specialized Freight Forwarders. On appeal, the defendant claims that the court (1) did not have subject matter jurisdiction over the case, (2) improperly determined that the plaintiff could recover against the defendant for shipping costs despite the fact that the term ‘‘frei... More...   $0 (08-27-2012 - CT)

ONEOK Gas Storage, LLC v. Hollie Etbauer

ONEOK Gas Storage, LLC sued Hollie Etbauer, Billing Etbauer, Trustees of the Hollie Etabuer Living Trust on an eminent domain theory seeking to acquired certain rights, title and interests in land owned by Defendants.

1. ONEOK Gas Storage, L.L.C. brings this action to condemn property owned by Hollie Etbauer and Billy Etbauer, Trustees of the Hollie Etbauer Living Trust dated August 9, 1994... More...
   $0 (08-22-2012 - OK)

Vieira Enterprises, Inc. v. City of East Palo Alto

Vieira Enterprises, Inc. (Vieira), a seller and installer of manufactured homes, filed mechanic‟s liens after the owners of two lots in the City of East Palo Alto (the City) failed to pay for its delivery and installation of two manufactured homes. Prior to the filing of the mechanic‟s liens, another party foreclosed on the properties and applied to the City of East Palo Alto‟s Building Serv... More...   $0 (08-20-2012 - CA)

Delcom Group, Inc. v. Dallas Independent School District

Delcom Group, LP appeals the trial court's orders granting the plea to the jurisdiction filed by Dallas Independent School District and denying Delcom's application for a temporary injunction to enjoin DISD and R.L.S. Interests, Inc. d/b/a Prime Systems, Inc. from disclosing and using Delcom's trade secrets. In three issues, Delcom contends DISD waived immunity by entering into a contract for digi... More...   $0 (08-19-2012 - TX)

The City of Houston, Texas v. Trail Enterprises, Inc. d/b/a Wilson Oil Company

This is an inverse condemnation action in which Trail Enterprises, Inc., d/b/a Wilson Oil Company (―Trail‖), and other plaintiffs (collectively ―appellees‖) sued the City of Houston, Texas (―the City‖), alleging that restrictions on the drilling of oil and gas wells in the area of Lake Houston constituted a compensable taking of their property rights.1 Each appellee owns a mineral inte... More...   $0 (08-09-2012 - TX)

State of Oklahoma, ex rel. Department of Transportation v. K & L Leasing, Inc.

¶1 Appellant, K&L Leasing Inc. (K&L), seeks review of the trial court's judgment, totaling $1,936.82, awarding costs to the Oklahoma Department of Transportation (ODOT) in the underlying condemnation action. K&L argues 69 O.S. 2001 §1203(e)(1) does not provide for costs against a party that withdraws its demand for a jury trial, in acceptance of the commissioners' award in a condemnation action.... More...   $0 (07-31-2012 - OK)

Thompson Farms v. Aurora County

Thompson Farms sued Aurora County on an inverse condemnation theory claiming that a 1998 change in the county's zoning laws that capped the number of animals allowed in a feeding operation constituted a taking on its land without just compensation.... More...   $600000 (07-28-2012 - SD)

Terrell Patton Youngblood, Jr. v. Angela Marie Fasick Youngblood

We previously affirmed the final order in this postjudgment family law proceeding. At that time, we remanded Angela Youngblood's motion for appellate attorney's fees to the circuit court to determine whether she was entitled to an award of fees and, if so, to award them in a reasonable amount. Pursuant to Florida Rule of Appellate Procedure 9.400(c), Terrell Youngblood seeks review of the court's ... More...   $0 (06-13-2012 - FL)

DCP Southern Hills Pipeline, LLC v. McClung D. Benbrook

Buffalo, Harper County, OK - DCP Southern Hills Pipeline, LLC sued McClung D. Benbrook on an eminent domain (condemnation) theory seeking to acquire certain rights, title and interest in real property owned by McClung for a pipeline.

06/07/2012 FILE & ENTER PETITION $150.00
LAW LIB ASSESS $6.00
DISPUTE MEDIATION $2.00
OCIS $25.00
LENGTHY TRIAL FUND $10.00
OK... More...
   $28000 (06-07-2012 - OK)

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.

FACTS/PROCEDURAL HISTORY

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)

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