¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits... More...   $0 (08-19-2011 - UT)

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.

BACKGROUND

This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-o... More...   $0 (08-16-2011 - TX)

Appellant Willis Martin, Jr. sued appellees the City of Temple and John Bailey, Susan Long, Jamey Secrest, Randy Stumberg, John Tolbert, Bill Jones, Ernest Knox, Sr., Dean Winkler, David Blackburn, Richard Therriault, Brian Kosel, Danny Dunn, Jason Vandever, Jimmy Taylor, and Kathleen Barina, all individuals employed by or associated with the City, asserting negligence related to a house he bought... More...   $0 (08-11-2011 - TX)

This is an unusual case involving a nuisance claim based on "neutral-to-earth voltage" (NEV), also called "stray voltage" or "stray current," passing along the ground of a residential property. Plaintiffs, Gary and Eileen Smith, husband and wife, sued defendant, Jersey Central Power & Light Company, because high NEV levels from its electrical distribution system gave them shocks in their backyard.... More...   $0 (08-10-2011 - NJ)

O P I N I O N

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own the strip of property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for bea... More...   $0 (08-04-2011 - TX)

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLMâ€�) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f... More...   $0 (08-01-2011 - AK)

David McNeill sued the City of Kansas City on an inverse condemnation theory claiming that a building that he bought in 2008 for $16,000 was demolished by the without notice and opportunity to correct problems with the property. Plaintiff has been advised by the City that he needed to remedy deficiencies and had agreed to do so.... More...   $150000 (07-15-2011 - MO)

The Electronic Privacy Information Center (EPIC) and two individuals petition for review of a decision by the Transportation Security Administration to screen airline passengers by using advanced imaging technology instead of magnetometers. They argue this use of AIT violates various federal statutes and the Fourth Amendment to the Constitution of the United States and, in any event, should have b... More...   $0 (07-15-2011 - DC)

ONEOK Gas Storage, LLC sued Sandra J. Pope, as Trustee of the Lewis C. Pope and Sandra J. Pope Joint Living Trust on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owned by Defendants for underground gas storage in Logan County under Defendant's property.

The commissioners appointed by the Court awarded Defendant $66,201.25.More...   $66000 (07-14-2011 - OK)

Harvey Edwards sued the City of Jonesboro, its mayor, and the members of its city council, alleging that methane gas from a city landfill invaded a tract of land owned by Edwards and so reduced its value as to amount to a taking of the property by the City. He sought just compensation under the Fifth and Fourteenth Amendments, other compensatory damages, punitive damages, and injunctive relief.More...   $0 (07-14-2011 - AR)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is, therefore, submitted without oral argument.

Plaintiff/appellant Pamela Olson appeals the district court’s disposition of her claims against defendants AT&T... More...   $0 (07-13-2011 - KS)

¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits... More...   $0 (07-12-2011 - UT)

Plaintiffs Dyer L. Vandevere, John McCombs, Gary Hollier, and John Jent fish commercially for salmon in the waters of Alaska’s Upper Cook Inlet. State-issued entry permits and shore fishery leases allow them to fish there. After Alaska promulgated regulations that shorten the fishing year and limit the number of salmon that commercial fishers may harvest, Plaintiffs brought this action against D... More...   $0 (07-11-2011 - AK)

John A. Logan claims that the defendants, who are local government officials and a private individual, conspired to deprive him of a mobile home park he owned in Indiana, in violation of his constitutional rights. Much of the defendants’ alleged wrongdoing occurred more than two years before Logan filed this lawsuit. Because Logan’s claims are subject to a two-year statute of limitations, we f... More...   $0 (07-08-2011 - IN)

This is a review of an unpublished decision of the court of appeals, Affeldt v. Green Lake County, No. 2009AP2315, unpublished slip op. (Wis. Ct. App. July 28, 2010), that affirmed an order of the Green Lake County Circuit Court[1] granting summary judgment in favor of Green Lake County (the County).

¶2 David Affeldt, Joyce Affeldt, and W. Alan Affeldt (the Affeldts) objected to the Cou... More...   $0 (07-06-2011 - WI)

Jason and Jennifer Inman (“the Inmans�)1 appeal the judgment of the trial court sustaining St. Paul Fire & Marine Insurance Company’s (“St. Paul�) motion for summary judgment. We affirm the judgment of the trial court.

Facts and Procedural History

Because this case is the culmination of two separate lawsuits, an explanation of the underlying lawsuit is necessary in understa... More...   $0 (06-29-2011 - MO)

In this action, plaintiff Beth Van Sickle filed a complaint against her former attorney, defendant Gregory F. Gilbert, arising out of his alleged mismanagement, years earlier, of certain properties Van Sickle had received in a divorce in which Gilbert had represented her. Van Sickle included in her complaint a cause of action for an accounting, and, as is generally true in accounting cases, she di... More...   $0 (06-29-2011 - CA)

HSBC Bank USA, N.A. appeals, for the second time, a district court judgment that affirmed a bankruptcy court's authorization of a distribution of assets from the estate of Bank of New England Corporation ("BNEC") to holders of BNEC junior debt. The parties agree that the holders of the senior debt are entitled to priority payment of their principal along with pre-petition interest – that is, int... More...   $0 (06-23-2011 - MA)

State of Oklahoma, ex rel. Department of Transportation sued Adonna Roland aka Adonna J. Roland, Adonnas Oasis, and Stillwater National Bank and Trust Company on an eminent domain theory seeking to acquire by condemnation certain rights, title and interested in real property owned by Defendants for public use.

Stillwater Bank disclaimed any interest in any payment to Defendants.

Th... More...   $325000 (06-20-2011 - ok)

The plaintiffs are landowners in Bayfield County, a rural county at the northern tip of Wisconsin. They brought this suit to quiet title to their property, over which the County claims a right derived from federal law to build snowmobile trails; the plaintiffs contest the County’s claim. The district court granted summary judgment in favor of the plaintiffs. We reversed, 520 F.3d 822 (7th Cir. 2... More...   $0 (06-17-2011 - WI)

In this appeal we consider whether, in a condemnation case, the trial court erred by striking evidence the landowner claims supported its position that certain items were fixtures, not personalty, and removing that issue from consideration by the jury.

BACKGROUND

On February 15, 2008, the Commonwealth Transportation Commissioner of Virginia (Commissioner) filed Certificate of Take No... More...   $0 (06-09-2011 - VA)

¶1 The plaintiffs, Robert J. "Bob" Barton (Barton); Robert J. "Bob" Barton, Trustee of the Robert J. "Bob" Barton Revocable Trust, dated September 23, 1992 (Barton Trust); House of Realty, Inc. (HRI); and collectively the following "Tenants", Pamela L. Barton Stober, Sharlett R. Madison, Jeffrey C. Tackett, Harlan Drake, Phillis Casey, Larry Phillips, Iris Jones, Diane Frith, Richard Spriggs, Ric... More...   $0 (06-07-2011 - OK)

The Oklahoma Department of Transportation sued G. Arthur Richey, III, Donna K. Richey,Don Brown, Sherry Brown and Lamar Central Outdoor Advertising, LLC seeking to acquire by condemnation through the exercise by it of the power of eminent domain certain, rights, title and interests in real property owned by Defendants for public purposes.

The commissioners appointed by the Court awarded D... More...   $240000 (06-06-2011 - OK)

Maetta Vance was the only African- American working in her department at Ball State University (“Ball Stateâ€�) when racially charged discord erupted. In 2005, Vance began filing complaints with Ball State about her coworkers’ offensive conduct, which included the use of racial epithets, references to the Ku Klux Klan, veiled threats of physical harm, and other unpleasantries. In 2006 she file... More...   $0 (06-03-2011 - IN)

Maetta Vance was the only African-American working in her department at Ball State University(“Ball Stateâ€�) when racially charged discord erupted. In 2005, Vance began filing complaints with Ball State about her coworkers’ offensive conduct, which included the use of racial epithets, references to the Ku Klux Klan, veiled threats of physical harm, and other unpleasantries. In 2006 she filed... More...   $0 (06-03-2011 - IL)