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Condemnation Law
 
City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor... More...
   $0 (02-12-2015 - TX)

State of Idaho, Department of Transportation v. HJ Grathol

HJ Grathol (“Grathol”) appeals the Kootenai County district court’s judgment awarding Grathol $675,000 in just compensation from the Idaho Transportation Department (“ITD”). This eminent domain case arose when ITD acted to condemn 16.314 acres to improve U.S. Highway 95 (“U.S. 95”). Those 16.314 acres were part of 56.8 acres that Grathol owned in Athol, Idaho.
2
After a bench... More...
   $0 (02-11-2015 - ID)

Linda Vista Village San Diego Homeowners Association, Inc. v. Tecolote Investors, LLC

This matter comes to us on a judgment of dismissal of a complaint for declaratory and other relief, brought by plaintiff and appellant Linda Vista Village San Diego Homeowners Association, Inc. (Appellant). Its members are sublessees of mobilehome park lots on a real property site (the park site) that is subject to a 1979 master lease between the landowner defendant and respondent, the City of San... More...   $0 (02-09-2015 - CA)

City of Coweta v. Scott Thomas Bauman, et al.

Wagoner, OK - City of Coweta v. Scott Thomas Bauman, et al.

1. CONDEMNATION

Docket
Date Code Description Count Party Amount
01-29-2015

PETITION ($10,001 OR MORE)

Document Available at Court Clerk's Office
$ 163.00
(Entry with fee only) $ 6.00
(Entry with fee only) $ 2.00


OKLAHOMA COURT INFORMATION ... More...
   $0 (01-29-2015 - OK)

City of Coweta v. Charles Randall, et al.

Wagoner, OK - City of Coweta v. Charles Randall, et al.

1. CONDEMNATION

Docket
Date Code Description Count Party Amount
01-29-2015

PETITION ($10,001 OR MORE) EMINENT DOMAIN

Document Available at Court Clerk's Office
$ 163.00
(Entry with fee only) $ 6.00
(Entry with fee only) $ 2.00


OKLAHOMA COURT I... More...
   $0 (01-29-2015 - OK)

Harry M. Whittington, et al. v. City of Austin, et al.

The City elected to take property belonging to the Whittingtons. As part of the process,
the City paid a deposit into the registry of the trial court, and the deposit was later placed in an
investment account with the permission of the parties. After the supreme court determined that the
condemnation of the property was proper, the district court awarded the investment income to theMore...
   $0 (01-29-2015 - TX)

Cody Meine, et al. v. Hren Ranches, Inc., et al.

¶1 Plaintiffs/Appellees (collectively, the Meines) commenced this action in the Fifth
Judicial District Court, Beaverhead County, against Defendants/Appellants (collectively,
the Hrens) seeking a determination that they hold a prescriptive easement over the Hrens’
land and a permanent injunction prohibiting the Hrens from blocking or impeding the use
of this easement. Following ... More...
   $0 (01-27-2015 - MT)

The City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC

Appellees Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC1 sued the City of Galveston, claiming that the City unconstitutionally took their property without just compensation through inverse condemnation. The City filed a plea to the jurisdiction, which the trial court denied. The City timely filed this
1 We refer to the appellees collectively as the “Property Owners.”
interlo... More...
   $0 (01-13-2015 - TX)

Mark Long, et al. v. State of South Dakota

Sioux Falls, SD - Five South Dakota families sued the State of South Dakota on inverse condemnation theories claiming that their properties were damaged as a direct result in adequate drainage underneath Highway 11 in Shindler, South Dakota. They claimed that their properties flooded in 2010 as a result of inadequate drainage under the state highway. ... More...   $750000 (12-17-2014 - SD)

Riverside County Sheriff's Department v. Jan Stiglitz

Here we hold that when hearing an administrative appeal from discipline imposed on a correctional officer, an arbitrator may rule upon a discovery motion for officer personnel records, commonly referred to as a Pitchess motion. (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); Evid. Code, §§ 1043, 1045.) Evidence Code section 1043 expressly provides that Pitchess motions may be filed ... More...   $0 (12-01-2014 - CA)

George P. Conway v. County of Tuolumne

In an unsuccessful attempt to apprehend George P. Conway’s adult son, Donald Conway,1 who reportedly had fired shots at George, officers from defendant County of Tuolumne (County) fired a tear gas canister into George’s mobile home. Donald was not inside but was apprehended later. George brought suit against the County for damage to
1We refer to George and Donald Conway by their first name... More...
   $0 (11-24-2014 - CA)

Bill Miller Bar-B-Q Enterprises Ltd. v. Faith H. Gonzales

Bill Miller Bar-B-Q Enterprises, Ltd. challenges the trial court’s award of attorney’s fees to Faith Gonzales, asserting: (1) the trial court erred in determining the amount of attorney’s fees to be awarded because a jury was required to determine the reasonableness of the amount of attorney’s fees to award; (2) if section 21.259 of the Texas Labor Code1 authorized the trial court to deter... More...   $0 (10-30-2014 - )

AEP Oklahoma Transmission Company, Inc. v. Chester L. Eaton, et al.

COMES NOW the Petitioner, AEP OKLAHOMA TRANSMISSION COMPANY, INC. (AEP), an Oklahoma corporation, by its attorneys, and respectfully states and shows to the Court:
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 to engaged in the transmission and distribution of electrical ene... More...
   $0 (10-23-2014 - OK)

Jamshid Najah v. Scottsdale Insurance Company

Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by the first deed of trust and took assignment of that trust... More...   $0 (09-30-2014 - CA)

Andrew LeBeau v. State of Utah

¶1 On certiorari, petitioner Andrew LeBeau asks us to
consider whether the court of appeals erred in affirming the district
court’s imposition of a sentence of life without the possibility of
parole following Mr. LeBeau’s conviction for aggravated kidnapping
pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction
stems from a domestic dispute triggered by Mr. LeB... More...
   $0 (09-19-2014 - UT)

Gerald Lynn Clark and Jo Ann Clark v. Titus County, Texas

Titus County plans to construct a highway through the middle of 21.02 acres of land owned by Gerald Lynn Clark and Jo Ann Clark and, to accomplish its plan, is pursuing condemnation of a 6.193-acre strip that would leave the Clarks with two separated remnant tracts. The appeal before us concerns the value of the taking and comes from a summary judgment in favor of the County. We reverse the summar... More...   $0 (09-19-2014 - TX)

Barbara Lynch v. California Coastal Commission

The California Coastal Commission (Commission) appeals from a judgment in a
mandamus action directing the Commission to remove three conditions from a coastal
development permit amendment (permit) issued to Barbara Lynch and Thomas Frick
(collectively, respondents). The Commission contends respondents waived any challenge
to these conditions by signing and recording documents agree... More...
   $0 (09-09-2014 - CA)

Marilyn Rae Baskin v. Penny Bogan

Indiana and Wisconsin are among the shrinking majority of states that do not recognize the va-lidity of same-sex marriages, whether contracted in these states or in states (or foreign countries) where they are law-ful. The states have appealed from district court decisions invalidating the states’ laws that ordain such refusal.
Formally these cases are about discrimination against the small ... More...
   $0 (09-04-2014 - WI)

Katherine A. Chmielewski v. City of St. Pete Beach, Florida

Chester J. and Katherine A. Chmielewski, the original parties in this case,1
appeal the trial court's order granting, with prejudice, the City of St. Pete Beach's motion
to dismiss their complaint for failure to state a cause of action. The Chmielewskis had
filed suit to secure the disclosure of public records. We have jurisdiction, see Fla. R.
App. P. 9.030(b)(1)(A), and reverse.<... More...
   $0 (08-27-2014 - FL)

The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive... More...   $0 (08-25-2014 - CA)

Patsy B. Anderton, et al v. City of Cedar Hill, Texas

In this summary judgment proceeding, the City of Cedar Hill (the “City”) filed suit
against appellees Pasty B. Anderton and Doyle Anderton, individually and d/b/a A-1 Grass Sand
and Stone (“the Andertons”) regarding the alleged nonconforming use status of property,
specifically Lot 5, owned by the Andertons. The trial court granted summary judgment in favor
of the City rega... More...
   $0 (08-22-2014 - TX)

DCP Southern Hills Pipeline, LLC v. Darenda D. Mears a/k/a Darenda Talmadge, et al.

Oklahoma City, OK DCP Southern Hills Pipeline, LLC sued Darenda D. Mears an others on eminent domain (condemnation) theories seeking to acquire by condemnation certain rights, title and interest in real property for pipeline use alleging:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
Darenda D Mears, a/k/a Darenda Talmadge; Arlyn McColloch;... More...
   $4500 (08-21-2014 - OK)

Liberty Insurance Corporation v. City of Moore

COME NOW, Plaintiffs, Liberty Insurance Corporation (“Liberty”) and Michael R. Sohn (“Sohn”), and respectfully request this Court issue an Injunction and Temporary Restraining Order Without Notice to bar or preclude Defendants, City of Moore and Fernando Austin Paul Hernandez (“Hernandez”), from demolishing Hernandez’ s house, which is located in Moore, Oklahoma and was damaged durin... More...   $0 (08-20-2014 - OK)

San Diego Gas & Electric Company v. Arnold J. Schmidt

Plaintiff San Diego Gas & Electric Company (SDG&E) initiated this eminent domain proceeding to condemn an easement for electric transmission lines across the property of defendants Arnold and Valerie Schmidt and Luis Naranjo (collectively defendants) after the parties could not agree on an appropriate valuation for the property. Agreeing with defendants' experts that an open-pit mining operation w... More...   $0 (08-17-2014 - )

Appaloosa Development, LP and Lubbock Water Rampage v. City of Lubbock, Texas

Appellants, Appaloosa Development, LP, and Lubbock Water Rampage, LLC (collectively, “Appaloosa”), appeal a final judgment following a bench trial in which the trial court concluded that Appaloosa take nothing by their inverse condemnation suit. We will affirm.
2
Factual and Procedural Background
Appaloosa Development, LP, is a Texas limited partnership that was formed for the prim... More...
   $0 (08-16-2014 - TX)

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