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Condemnation Law
 
Tallgrass Pony Express Pipeline, LLC v. Randall John and Mary Ann Wedel

Tallgrass Pony Express Pipeline, LLC v. Randall John and Mary Ann Wedel

Issue # 1.
Issue: CONDEMNATION (CONDEMN)
Filed by: Tallgrass Pony Express Pipeline LLC
Filed Date: 07/02/2013
Party Name: Disposition Information:

Plaintiff: Tallgrass Pony Express Pipeline LLC
Disposed: FINAL ORDER, 05/01/2014. Non-Jury Trial.

Plaintiff: Tallgrass Pony Ex... More...
   $16000 (05-02-2014 - OK)

The City of Keller v. Kimberlee Diane Meadors Hall and A. Thomas Hall

In this case, we consider whether Appellant the City of Keller established as a matter of law that the trial court had no jurisdiction over the inverse condemnation claim brought by Appellees Kimberlee Diane Meadors Hall and A. Thomas Hall. The Halls sued the City alleging that various actions by the City caused repeated flooding of their property. The City filed a plea to the jurisdiction, which ... More...   $0 (05-01-2014 - TX)

Philip L. Biron v. City of Redding

Plaintiffs Biron Family Living Trust and Philip L. and Julie M. Biron as trustees own a 12-unit apartment building in downtown Redding, California, which they purchased in 2001. In February and March 2009, their property was damaged by flooding during two separate storm events. They filed this action against defendant City

2

of Redding (City), alleging inverse condemnation and danger... More...
   $0 (04-30-2014 - CA)

Independent School Dist. No. 5 of Tulsa County v. Patrick L. Taylor and Marsheleta Taylor

¶1 This appeal arises from a condemnation case that proceeded to a jury trial. Defendants/Appellants Patrick L. and Marshaleta Taylor, husband and wife (Landowners), appeal the trial court's Order granting the motion for new trial of Plaintiff/Appellee Independent School District No. 5 of Tulsa County, Oklahoma (Condemnor). The primary question presented on appeal is whether the trial court erred... More...   $0 (04-29-2014 - OK)

Country Communityh Timberlake Village, L.P. v. HMW Special Utility District of Harris and Montgomery County

This appeal concerns the acquisition of a piece of real property outside a gated subdivision by a special utility district for use as a utility site and the condemnation of a deed restriction affecting that property. At trial, a jury awarded various individual homeowners, including the developer, in the adjacent subdivision damages for the reduction in value each suffered due to the condemnation. ... More...   $0 (04-15-2014 - TX)

Paul Thoryk v. San Diego Gas & Electric Company

This intervention action arises out of a former debtor-creditor relationship concerning real property that was damaged by the San Diego County wildfires of 2007. The main action is a master complaint by damaged property owners, including a defaulting borrower, plaintiff, defendant-in-intervention and appellant Paul Thoryk (Appellant), who owned the property at the time of the fires. A year later, ... More...   $0 (04-09-2014 - CA)

Ernest Mangia v. VIA Metropolitan Transit

Ernest Mungia sued his former employer, VIA Metropolitan Transit, and obtained a default judgment. Four years later, VIA attempted to set aside the default judgment by filing a bill of review and a claim for declaratory relief. The trial court granted VIA’s motion for summary judgment as to both causes of action and awarded attorney’s fees to VIA. In one issue on appeal, Mungia contends the tr... More...   $0 (04-09-2014 - TX)

In the Matter of the Estate of Carlton E. Horner, Sr., Deceased.

¶1 Appellant Carlton E. Horner, Jr. seeks review of the trial court's orders denying him a continuance and construing the Last Will and Testament of his father, Carlton E. Horner, Sr., Deceased (Decedent). In this appeal, Appellant asserts the trial court abused its discretion in denying him a continuance to obtain substitute counsel, and erred as a matter of both fact and law in refusing to enfo... More...   $0 (03-26-2014 - OK)

Karen White v. Valley County

This case comes to the Court as a certified question from the U.S. District Court for the District of Idaho, the Honorable Edward J. Lodge, U.S. District Judge, presiding. Karen White and her development company, Elkhorn, LLC, seek to recover $166,496 paid to Valley County for “capital investments for roads in the vicinity of [their] White Cloud development.” Pursuant to I.A.R. 12.3(c), this C... More...   $0 (03-18-2014 - ID)

City of Corpus Christi v. Scorpio Development, L.L.C.

In this inverse condemnation case, appellant, the City of Corpus Christi (“the City”), challenges the trial court’s order denying its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West, Westlaw through 2013 3d C.S.). Appellee, Scorpio Development, L.L.C. (“Scorpio”), contends that the City waived its immunity from suit by taking Scorpio’s property for ... More...   $0 (03-18-2014 - TX)

The City of El Paso v. Guadalupe Ramirez, Norma Ramirez, Ramirez Pecan Farms, LLC, William H. Boutwell, Jackie Boutwell, Raul Zamorano, Jr., Amy K. Zamorano, George Wynn, Patricia Wynn, Larry R. Webb, Maria L. Webb, James R. Raley, Yariela G. Raley, Russell T. Sturgeon, et al.

Appellant, the City of El Paso (“the City”), brings this accelerated interlocutory appeal following the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2008); TEX.R.APP.P. 28.1(a) (stating an appeal from an interlocutory order, when allowed, is accelerated). The City raises three issues for our review.

2

We affirm... More...
   $0 (03-14-2014 - TX)

Ranger Abbott v. City of Paris, Texas and Kevin Carruth

This lawsuit, stemming from Ranger Abbott’s purchase in 2008 of a 7.77-acre tract of land (the Property) in Paris, Texas, is burdened with a complex history involving a previous lawsuit and appeal to this Court. Both suits concern attempts by Abbott to expand a mobile home park on the Property. When Abbott purchased the Property, approximately one-half of it was being used as a mobile home park ... More...   $0 (03-07-2014 - TX)

The City of Oklahoma City v. OK-CA Investments Corp.

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma a... More...
   $95000 (02-27-2014 - OK)

Clear Sky Car Wash, LLC v. City of Chesapeake, Virginia

In connection with a project to widen Dominion Boulevard (U.S. Route 17) in the City of Chesapeake, Virginia, the City took the property of Clear Sky Car Wash LLC, consisting of a 32,056-square-foot parcel of land on which Clear Sky operated a car wash. Following unsuccessful negotiations with Clear Sky to purchase the property, the City initiated a “quick take” proceeding to take the property... More...   $0 (02-21-2014 - VA)

The City of Oklahoma City v. Jerry Hovarter and Stacey Hovarter

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the
Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Ok... More...
   $0 (02-20-2014 - OK)

Midtown Edge, L.P. v. City of Houston

In this interlocutory appeal,1 appellants, Midtown Edge, L.P., and Midtown Condominiums, L.L.C. (collectively, “Edge”), challenge the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City”), in


1 TEX. CIV. PRAC.& REM CODE ANN. §.51.014(a)(8) (Vernon Supp. 2013).

2

Edge’s suit against the City for breach of contra... More...
   $0 (02-13-2014 - TX)

State of Oklahoma, ex rel. Department of Transportation v. Lloyd E. Cole, Jr. Revocable Trust, Lloyd E. Cole, Jr. Trustee and Adair County Treasurer

The State of Oklahoma, ex rel. Department of Transportation sued Lloyd E. Cole, Jr. Revocable Trust, Lloyd E. Cole, Jr. Trustee and Adair County Treasurer on an eminent domain theory seeking to acquire by condemnation certain, rights, title and interests in real property owned by the Defendants for public use.

COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation ... More...
   $0 (02-11-2014 - OK)

Luis Jesus Guzman v. Dale Piercy v. Canyon County

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe... More...   $0 (02-07-2014 - ID)

Luis Jesus Guzman v. Dale Piercy

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe... More...   $0 (02-07-2014 - ID)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT)
condemned property belonging to Walker Development
Partnership. After nearly twenty years of litigation between UDOT
and Walker, UDOT moved to exclude evidence that it took
property not identified in the 1992 Condemnation Resolution. The
district court granted UDOT’s motion to exclude. We affirm.
UDOT v. Walker Dev... More...
   $0 (02-06-2014 - UT)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT) condemned property belonging to Walker Development Partnership. After nearly twenty years of litigation between UDOT and Walker, UDOT moved to exclude evidence that it took property not identified in the 1992 Condemnation Resolution. The district court granted UDOT’s motion to exclude. We affirm.

UDOT v. Walker Development

2... More...
   $0 (02-06-2014 - UT)

Estate of Henry Barabin v. AstenJohnson, Inc.

This case requires us to once again consider the district court’s admission of expert testimony at trial. We review the admission of expert testimony at trial for an abuse of discretion. Primiano v. Cook, 598 F.3d 558, 563 (9th Cir. 2010). If the district court improperly admitted the expert testimony, we apply harmless error review to determine whether its decision must be reversed. United Stat... More...   $0 (01-15-2014 - WA)

City of Bixby v. Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer

City of Bixby sued Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title and interest in real property owned by the Judds for public use.

The Pre-Trail Order entered by the court for this case provided, in part, as follows:

Condenmation proceeding wherein Plaintiff is taking 6.0 acres plus improvem... More...
   $225000 (01-10-2014 - OK)

City of Gulfport v. Dedeaux Utility

The City of Gulfport sued Dedeaux Utility on an eminent domain theory seeking to acquire by condemnation the business assets of Defendant's utility company after the annexation by the City of the Orange Grove area.

... More...
   $8060000 (12-28-2013 - MI)

Oncor Electric Delivery Company LLC v. James Milton Schunke

Oncor Electric Company LLC appeals from a judgment rendered on a special commissioners’ award in a condemnation case. We conclude the trial court erred in rendering judgment on the commissioners’ award. We therefore reverse and remand for further proceedings.

BACKGROUND

A condemnation action begins as an administrative proceeding and, if necessary, may be converted to a judicial... More...   $0 (12-18-2013 - TX)

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