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Easement Law
 
Roosevelt Simmons v. Berkeley Electric Cooperative, Inc. and St. John's Water Company, Inc.

In 2003, Simmons acquired title to two parcels of land, TMS # 283-00-00498 ("Tract 498") and TMS # 282-00-00-135 ("Tract 135"). Both parcels are undeveloped, wooded, and located along Kitford Road on Johns Island. The parcels are separated by an abandoned railroad right-of-way and were previously part of a larger tract owned by two of Simmons' predecessors-in-title, Edward Heyward and E.C. Brown. ... More...   $0 (11-23-2016 - SC)

United Food v. Wal-Mart Stores Inc.

This case is a continuation of litigation that has been ongoing between these parties
both in Arkansas and across the nation. UFCW is a national labor organization. OUR
Walmart is a subsidiary of UFCW; it is an association of current and former Walmart
employees (“associates”) and their supporters whose purpose is, in part, to help associates on
issues related to their employ... More...
   $0 (11-17-2016 - AR)

JASON THORNOCK v. PACIFICORP, an Oregon Company

In the fall of 2009, Mr. Thornock requested that PacifiCorp provide electric service to an irrigation pivot on his property. On March 23, 2010, Mr. Thornock signed a General Service Contract (first contract) authorizing PacifiCorp to provide electric service to the pivot. The contract stated that the agreement is “between PacifiCorp, doing business as Rocky Mountain Power (“Company”), and Jason... More...   $0 (09-21-2016 - WY)

Bay Point Properties, Inc. f/k/a BP Properties, Inc. v. Mississippi Transportation Commission and Mississippi Department of Transportation

In 1952, the Mississippi State Highway Commission, MTC’s predecessor, acquired
an easement over certain property of Wallace Walker for “all highway purposes” by an
agreed judgment.3 The property was used to reconstruct a bridge spanning the Bay of St.
Louis, between Pass Christian and Bay St. Louis, after the bridge had burned in 1948.4 After
Hurricane Katrina destroyed the bridge ... More...
   $0 (07-26-2016 - MS)

Walter B. Saner v. BridgeTex Pipeline Company, LLC

BridgeTex is a limited liability company engaged in the location and construction of a pipeline in Texas for the transportation of crude petroleum. The pipeline is intended to transport crude petroleum from the Permian Basin to the Texas Gulf Coast. In January 2013, the Texas Railroad Commission designated BridgeTex as a common carrier and granted it a T-4 permit. Pursuant to its designation as... More...   $0 (07-21-2016 - TX)

ANCHOR TANK LINES, LLC and NEW YORK OIL HEATING INSURANCE FUND v. UNITED STATES

Old Anchor, formerly known as Mystic Tank Lines Corporation, was an oil transportation company incorporated in Delaware and headquartered in Astoria, New York. Pls.’ Opp’n to Def.’s Mot. to Dismiss (“Pls.’ Opp’n”) Ex. 4 (Indictment, United States v. Baldari, No. 1Three separate actions are pending in this court based on these suits in the district ... More...   $0 (07-16-2016 - DC)

RICHARD LEWIS KATZIN, et al. v. UNITED STATES

This post-trial opinion addresses claims by plaintiffs Dr. Richard Lewis Katzin (“Dr. Katzin”), Mary Beth Katzin Simon (“Ms. Katzin”), and Rose Marie Kjeldsen Winters (“Ms. Winters”) that the United States (the “government”) interfered with their ownership rights to a parcel of land (“Parcel 4”) which overlooks the Atlantic Ocean on Culebra Island, Puerto Rico, and that the interference effected a... More...   $0 (07-16-2016 - DC)

CJY Investment, L.L.C., et al. v. United Central Bank, et al.

Appellants, CJY Investment, L.L.C., Young Hee Chung, and Chun W. Chung, sued
appellees, James D. Yoo, Ki Na, Chong Na, Chan Chan Investment, L.L.P., Na Family
Corporation, and United Central Bank for fraud, fraud in the inducement, fraud by
nondisclosure, bank fraud, and conspiracy. The trial court granted summary judgment for
appellees.
Appellants raise four issues on ap... More...
   $0 (06-21-2016 - TX)

Open Door Ministries v. Lipschuetz

In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding
permit that the City and County of Denver (“the City”)1 issued to Open Door Ministries
(“Open Door”). Lipschuetz—who owns a property adjacent to Open Door’s property—
filed claims against the City and Open Door seeking revocation of the permit. Open
Door filed cross-claims against the City, seekin... More...
   $0 (05-24-2016 - CO)

Peter Barrett and Fay Barrett v. City of Gulfport, Mississippi

The instant case arises out of the City’s efforts to rebuild the antebellum home Grass
Lawn after it was destroyed during Hurricane Katrina. Grass Lawn was built in 1836, sixty
years prior to the City’s founding. Grass Lawn served as a private residence until 1973,
when the City purchased it to use as an event space for weddings, parties, and other private
events. Critically to t... More...
   $0 (04-21-2016 - MS)

A.G. Equipment Company v. City of Broken Arrow, Board of County Commissioners of Tulsa County, Oklahoma Natural Gas, Public Service Company of Oklahoma, Windstream Corporation, and Cox Communication

Tulsa, OK - A.G. Equipment Company sued the City of Broken Arrow, Board of County Commissioners of Tulsa County, Oklahoma Natural Gas, Public Service Company of Oklahoma, Windstream Corporation, and Cox Communication seeking foreclosure of an easement in the 61st Street Industrial Park.... More...   $0 (04-12-2016 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Betty Joy Rowland Young, Betty Rowland Nursery School, Inc.

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Betty Joy Rowland Young and Betty Rowland Nursery School, Inc. on eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property for use for a public improvement.

The property in question was needed for a perpetual utility easement of 0.06 acres fronting on I-44.
... More...
   $0 (04-05-2016 - OK)

Price v. Philip Morris, Inc.

In February 2000, plaintiffs filed a class action lawsuit in the circuit court of Madison County against the defendant, Philip Morris, Inc. The suit alleged that defendant’s use of the terms “lights” and “lowered tar and nicotine” on the packaging and in the marketing of its Marlboro Lights and Cambridge Lights cigarettes (Lights) violated the Consumer Fraud and Deceptive Business Practices Act (C... More...   $0 (03-27-2016 - IL)

Pennaco Energy, Inc. v. Brett L. Sorenson, Trustee of the Brett L. Sorenson Trust Dated November 2, 2011

Sorenson owns a ranch along the Powder River near the town of Arvada, Wyoming. The ranch land is a split estate for mineral development purposes; that is, the surface estate is owned by Sorenson and the mineral estate is owned by several parties. Specifically, the minerals are owned in part by seven private parties, the State of Wyoming and Sorenson. The third party mineral owners, including t... More...   $0 (03-20-2016 - WY)

HOCHSTETLER et al v. USA

Section 1247(d) of the Trails Act prompts certain federal agencies to encourage the conversion of unused railroad rights-of-way into recreational trails by state and local governments or private entities. See 16 U.S.C. § 1247 (2012). One of these federal agencies, the Surface Transportation Board (“STB”), is tasked with regulating the construction, operation, and abandonment of railroad lines in t... More...   $0 (03-13-2016 - DC)

United States of America v. Wildlife Management, L.L.C. and James Tong

San Francisco, CA - Real Estate Development Company And Its President Ordered To Pay $1 Million In Restitution For Securities Fraud And Wildlife Violations

Judgment Includes Order To Provide 107-Acre Conservation Easement Valued At $3 Million

Wildlife Management, LLC, an Alameda County development company, and its President, James Tong, were sentenced for securities fraud and vio... More...
   $0 (03-11-2016 - CA)

State of North Dakota v. Donald Michael Bear

On November 23, 2013, while patrolling on an alleged section line in a state vehicle, Greg Hastings, a state game warden, followed hunters northwest of Jamestown and struck a large rock, damaging the vehicle. After observing the accident, the hunters approached Hastings, and based on their conversation, Hastings learned Bear had allegedly put the rock in that location. While the vehicle was being ... More...   $0 (02-16-2016 - ND)

SHARRON JENKINS v. CHICAGO PACIFIC CORPORATION, et al

Sharron and Gerald Jenkins received, by quitclaim deed, property that had previously been used by the Chicago, Kansas and Nebraska Railway Company, the predecessor of Chicago Pacific Corporation, (Chicago Pacific) as a railroad track
running through the town of Holton. Use of the property as a railroad track has long since been abandoned. Gerald is now deceased and Sharron filed a quiet title... More...
   $0 (02-10-2016 - KS)

ALFORD et al v. USA

The plaintiffs in Alford, et al. (“plaintiffs”) are all Mississippi residents, who own real and personal property in the Eagle Lake Community, which is located in Warrant County, Mississippi, in the Lower Mississippi River Valley. Sec. Am. Compl. ¶¶ 10 – 48, ECF No. 35 (“Compl.”). This valley “is a relatively flat plain of about 35,000 square miles bordering the river, which would be inundated d... More...   $0 (02-08-2016 - DC)

Hoffer Properties, LLC v. State of Wisconsin

This is a review of an unpublished decision of the court of appeals affirming a grant
of partial summary judgment to the Department of Transportation
(DOT).1 Pursuant to Wis. Stat. § 84.25 (2007-08),2 DOT eliminated
Hoffer Properties, LLC's (Hoffer's) direct driveway connections
to State Trunk Highway 19 (STH 19), a controlled-access highway.
DOT also separately exercised ... More...
   $0 (02-04-2016 - WI)

INTERSTATE EXPLORATIONS v. MORGEN FARM AND RANCH, INC

Morgen leased oil and gas rights on a portion of its property to Montana Oil
Properties, Inc. Morgen owns the surface rights to the property. Montana Oil Properties
later assigned its interest in the lease to Interstate, who drilled and completed a well on
the Morgen property.
¶4 In July 2014, Interstate initiated this lawsuit, alleging that Morgen “has refused to
exec... More...
   $0 (02-02-2016 - MT)

CLAUDE SEARS, et al. v. UNITED STATES

Before the court in this rails-to-trails takings case are the government’s motion for partial summary judgment and plaintiffs’ cross-motion for partial summary judgment under Rule 56(a) of the Rules of the United States Court of Federal Claims (“RCFC”). Both motions pertain to the interest rate that should be applied beyond February 3, 2016 as part of the just compensation that has otherwise been... More...   $0 (01-29-2016 - DC)

In the Matter of the Estate of Carlson

¶1 At issue in this cause is whether the estate of a deceased grantor of mortgaged properties conveyed by transfer-on-death deed is liable for the underlying debt, when the grantor's will contained express instructions for the payment of all debts secured by mortgages. We determine that it is.

I.
FACTS AND PROCEDURAL HISTORY

¶2 Carol Jean Carlson (Decedent) learned she was te... More...
   $0 (01-20-2016 - OK)

GLOVER v. CORNISH

Carol Jean Carlson (Decedent) learned she was terminally ill in 2011, and retained an attorney to assist her in planning the disposition of her estate (Estate). On August 24, 2011, Decedent executed three transfer-on-death deeds (TODDs) pursuant to the Nontestamentary Transfer of Property Act (NTPA), 58 O.S. 2011 §§ 1251-1258 for real property she owned, as well as a Last Will and Testament. One o... More...   $0 (01-20-2016 - OK)

United States of America v. James Tong

Oakland, CA - Alameda Real Estate Developer And Its President Plead Guilty To Securities Fraud And Wildlife Violations

An Alameda County development company, Wildlife Management, LLC, and its President, James Tong, pleaded guilty to crimes related to the illegal submission to the City of Dublin of a forged payment receipt. The two plea agreements relate to charges that the defendants, af... More...
   $0 (01-12-2016 - CA)

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