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Condemnation Law
 
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)

The People v. Richard Tom

On a clear evening in February 2007, defendant Richard Tom broadsided at high speed a vehicle driven by Loraine Wong, who was making a left turn from Santa Clara Avenue onto Woodside Road in Redwood City. Wong‘s younger daughter, Sydney Ng, eight, was killed; her older daughter, Kendall Ng, 10, sustained serious injuries. The evidence at trial showed that defendant did not brake prior to the cra... More...   $0 (08-14-2014 - CA)

City of Pasadena v. Mercury Casualty Company

During a windstorm in late November 2011, a tree owned by the City of Pasadena (City) fell on the residence of James O’Halloran. As a result of the damage caused to the house, the insurer Mercury Casualty Company (Mercury) paid benefits to O’Halloran pursuant to his homeowner’s insurance policy. Mercury then sued the City for inverse condemnation and nuisance based on the damages caused by t... More...   $0 (08-14-2014 - CA)

Charles and Virginia Barnes v. The District Board of Trustees of St. Johns River State College, Florida

A state college’s stormwater management system is the focus of this dispute. Charles and Virginia Barnes sued the District Board of Trustees of St. Johns River
State College for damages to their property from water alleged to have overflown from a retention pond on the District’s campus. The trial court ruled the District was entitled to immunity under section 373.443, Florida Statutes. We... More...
   $0 (08-12-2014 - FL)

The State of Texas v. Rodger A. Johnson, et al

This is a condemnation case. The State of Texas appeals an adverse judgment in favor of the landowner, Rodger A. Johnson, which was entered following a jury verdict. In five issues, the State argues the trial court erred by finding the condemnation would result in a material and substantial impairment of access to Johnson’s property; creating an exception to the rule that circuity of travel is n... More...   $0 (08-06-2014 - TX)

Harstan LTD, a Texas Limited Partnership, and TBI, Inc., General Partner of Harstan, LTD. v. Si Kyu Kim, Individually, and Sarah Kyung-Al Kim, Individually

In this statutory fraud action involving the “as is” sale of commercial real property,
Harstan, Ltd. and TBI, Inc., (collectively, “Harstan”) appeal the trial court’s judgment in favor of
Si Kyu Kim and Sarah Kyung-Al Kim (collectively, “the Kims”). In three issues, Harstan
argues that the “as is” nature of the sale precludes the Kims from recovering on their claim an... More...
   $0 (07-25-2014 - TX)

Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons... More...   $0 (07-24-2014 - TX)

Farabi, Inc. v. Harris County, Texas

This case arises out of the condemnation of appellant Farabi, Inc.’s property by appellee Harris County. Farabi appeals the trial court’s grant of the County’s motion for partial summary judgment. Farabi argues that the County failed to meet its burden to prove as a matter of law it was entitled to summary judgment because it did not establish that the condemnation of all of Farabi’s prope... More...   $0 (07-24-2014 - TX)

Olive Lane Industrical Park, LLC v. County of San Diego

Olive Lane Industrial Park ("Olive Lane") owned real property that was taken by eminent domain. Within four years after the eminent domain order, Olive Lane acquired
2
another parcel of property.1 About five and one-half years after the eminent domain order, for purposes of calculating property taxes on its new property, Olive Lane filed a request with the San Diego County tax assessor (Co... More...
   $0 (07-18-2014 - CA)

Fessha Taye v. Carol Veres Reed

Under Code of Civil Procedure section 685.040,1 a judgment creditor is entitled to the reasonable and necessary costs of enforcing the judgment, including statutory attorney fees ―otherwise provided by law.‖ A motion to claim enforcement costs must, however, be made ―before the judgment is satisfied in full.‖ (§ 685.080, subd. (a).)
In the present case, plaintiff Fessha Taye, conserva... More...
   $0 (07-07-2014 - CA)

Derek Kitchen v. Gary R. Herbert

Our commitment as Americans to the principles of liberty, due process of law, and equal protection of the laws is made live by our adherence to the Constitution of the United States of America. Historical challenges to these principles ultimately culminated in the adoption of the Fourteenth Amendment nearly one-and-a-half centuries ago. This Amendment extends the guarantees of due process and equa... More...   $0 (06-26-2014 - )

Utah Department of Transportation v. Michael M. Carlson

¶1 This case presents the question whether the Utah Depart-ment of Transportation (UDOT) has the authority to use the pow-er of eminent domain to condemn private property in excess of that needed for a transportation project. The condemnation at is-sue involved a fifteen-acre parcel owned by Michael Carlson. UDOT condemned the whole parcel despite the fact that it needed only 1.2 acres for its pl... More...   $0 (06-24-2014 - UT)

The People v. Donald Ray Debose

A jury convicted defendant Donald Ray Debose of the first degree murder and second degree robbery of, and arson causing great bodily injury to, Dannie Kim (Pen. Code, §§ 187, subd. (a), 189, 211, 212.5, 451, subd. (a)),1 and it found true special circumstance allegations that Kim‟s murder took place during the commission of arson and robbery (§ 190.2, subd. (a)(17)). The jury convicted defend... More...   $0 (06-05-2014 - CA)

Alma Richardson v. Texas Workforce Commission and Fort Bend County, Texas

This appeal arises out of a lawsuit Alma Richardson filed to challenge a Texas Workforce Commission (TWC) decision denying her unemployment benefits. Richardson appeals the trial court’s order granting pleas to the jurisdiction

2

in favor of TWC and her former employer, Fort Bend County, Texas. In one issue, Richardson contends that the trial court erred in dismissing her case ... More...
   $0 (06-05-2014 - TX)

Gene Smirl d/b/a Gene's Pearland Exxon and Gene Smirl d/b/a Pearland Motor Company v. The State of Texas and RMJ Miller Real Estate Holdings, Ltd.

Appellant, Gene Smirl, doing business as “Gene’s Pearland Exxon” and “Pearland Motor Company” (“Smirl”), challenges the trial court’s rendition of

2

summary judgment in favor of appellee, RMJ Miller Real Estate Holdings, Ltd. (“RMJ”),1 in Smirl’s suit against RMJ to recover a portion of condemnation proceeds for the value of his lost leasehold interest in the su... More...
   $0 (06-03-2014 - TX)

Texas Department of Public Safety v. Merardo Bonilla

The Texas Department of Public Safety (DPS) challenges the trial court’s denial of its immunity-based plea to the jurisdiction and summary judgment motions. For the reasons that follow, we affirm.

FACTUAL SUMMARY

This case concerns a traffic accident that occurred in El Paso on February 19, 2010, when Trooper Cesar Cruz ran a red light while pursuing a speeder and struck a vehicle ... More...
   $0 (05-30-2014 - TX)

State of Oklahoma, ex rel. Department of Transportation v. Sunny Investment Properties, LLC, Whiteco Industries, Inc., Union Bank f/k/a Rose Rock Bank, and Tulsa County Treasurer

State of Oklahoma, ex rel. Department of Transportation v. Sunny Investment Properties, LLC, Whiteco Industries, Inc., Union Bank f/k/a Rose Rock Bank, and Tulsa County Treasurer

Issue # 1.
Issue: CONDEMNATION (CONDEMN)
Filed by: DEPARTMENT OF TRANSPORTATION
Filed Date: 07/08/2008
Party Name: Disposition Information:

Defendant: SUNNY INVESTMENT PROPERTIES LLC... More...
   $0 (05-08-2014 - OK)

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