Condemnation Law
 
Christopher Schmidt v. Indiana Insurance Company, C&F Insurance Group, LLC, and Bart Stith

In December 2004, the plaintiff, Christopher Schmidt, inherited residential property. He allowed his cousin to live in the house and did not obtain insurance on the property. From 2007 to 2009 the plaintiff received multiple complaints about animals left on the property and odors emanating from the property. Plaintiff testified that in 2007, while his cousin was in jail, "two fire trucks, four

More...   $0 (12-02-2015 - IN)

Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His
home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once
part of a planned, but never used, industrial park owned by the University of
Delaware. The land was acquired from the University by the State Department of
Natural Resources and Environmental Control (“DNREC”), and

More...   $0 (12-01-2015 - DE)

American Homeowner Pres. Fund, LP v. Pirkle

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property *2purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American's constitutional takings claims against the taxing authorities involved in the forecl

More...   $0 (11-28-2015 - TX)

Cloud v. State Of Wyoming

On August 26, 2009, Appellant Wyatt Bear Cloud and two co-defendants were involved in the armed burglary of a residence in Sheridan, Wyoming. During the course of the burglary, one of Bear Cloud's co-defendants shot and killed one of the home's residents. Bear Cloud was charged with, and ultimately pleaded guilty to, Murder in the First Degree (Felony-Murder), in violation of Wyo. Stat. Ann. § 6-2

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Odyssey Reinsurance Company v. Cal-Regent Insurance Services Corporation

The Court presumes familiarity with the undisputed facts, which are set forth in
the August Ruling. ECF No. 100 at 2-8. The Court adopts the defined terms used in
the August Ruling. III. STANDARD OF REVIEW
The court shall grant summary judgment if there is no genuine dispute as to any
material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P.

More...   $2740802 (11-21-2015 - CT)

Wyo-Ben, Inc., a Corporation v. Boyd J. Van Fleet

The State of Wyoming issued a gentleman by the name of D.K. Jones a patent for the property involved in this case in 1955. A couple of decades passed before he and his wife (who was on the title by that time) entered into a mining lease which covered their property and some neighboring lands with Wyo-Ben on November 1, 1970. This conveyance is known as the Jones-Manning lease. [¶4] The lease al

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ALBERT GUSTAVA GERHART v. STATE OF OKLAHOMA

Appellant Albert Gustava Gerhart was tried by jury and convicted of Blackmail (Count I) (21 O.S.2011, § 1488), and Violation of the Computer Crimes Act (Count II) (21 O.S. 2011, § 1958), in Case No. CF-2013-2179, in the District Court of Oklahoma County. The jury recommended as punishment a fine of $1,000.00 in Count I and the trial court sentenced accordingly. No fine was recommended in Count II.

More...   $0 (11-18-2015 - OK)

W&T Offshore, Inc. v. Apache Corporation

The parties tried this contract dispute to a jury in December 2014 after three years of
litigation. The jury found that the plaintiff, W &T Offshore, Inc., failed to show that the defendant,
Apache Corporation, had breached the parties' Production Handling Agreement. Apache filed a bill
of costs seeking more than $650,000, including over $500,00 in fees for its expert witnesses to a

More...   $0 (11-18-2015 - TX)

XANADU EXPLORATION COMPANY v. WELCH

Operator filed its petition below seeking appointment of surface damage appraisers pursuant to §318.5, alleging it had been unable to reach an agreement with the surface owner, Defendant/Appellee Gary Welch (Owner). Each party nominated an appraiser, and the nominated appraisers selected a third appraiser.

¶3 Owner objected to the legal description in the petition, asserting Operator's op

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Chevron Corp. v. Donziger

A provincial court in Ecuador has entered a multibillion dollar judgment against Chevron Corporation ("Chevron") in an action brought by indigenous peoples in the Amazonian rain forest (the "Lago Agrio Plaintiffs" or "LAPs").1 The gravamen of their case is alleged pollution of the rain forest in years ending in 1992 by Texaco, Inc. ("Texaco"), the stock of which Chevron acquired at the end of 2001

More...   $0 (11-15-2015 - NY)

Otay Mesa Property, L.P., et al. v. United States of America

Otay Mesa’s motion for attorneys’ fees comes before the Court after three trials, two appeals to the Federal Circuit, a stipulation to liability by the Government, and a final judgment awarding Otay Mesa $802,501.23. A detailed factual background and history of this case can be found in the Court’s previous opinions. See Otay Mesa Prop, L.P. v. United States, 779 F.3d 1315, 1327 (Fed. Cir. 2015)

More...   $1448185 (11-07-2015 - DC)

IN RE: NANCY J. MCCARTY ET AL. V. COVOL FUELS NO. 2, LLC

Covol Fuels (Covol) operates a coal mine in Muhlenberg County,
Kentucky. Covol contracted with H 8s B Builders for the construction of a post
frame structure at Covol's mine site. H 86 B subcontracted with Evansville
.Garage Doors for the installation of an 1,800-pound overhead, commercial
grade garage door for the building. David McCarty and Jeremy Means,
employees of Evans

More...   $0 (10-30-2015 - KY)

CASPER LODGING v. AKERS

On October 15, 2003, Robert Akers agreed to sell to James Koehler a
“turn key Eighty-Four (84) unit Holiday Inn Express” in Casper, Wyoming. The
purchase price was set at $4,850,400. The hotel was not yet built; therefore, the
parties executed a contract entitled “Improvement Purchase Agreement”
(Agreement). The Agreement “set forth the terms and conditions under which

More...   $0 (10-29-2015 - SD)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

In 2007, MHC applied for a permit with ACE to fill wetlands in the roadbed of a
proposed connector road in the Turkey Creek Watershed near Gulfport. MHC planned to use
wetland mitigation bank credits to offset the loss of wetland in the roadbed, but the
Mississippi Department of Environmental Quality (MDEQ), ACE, and the Environmental
Protection Agency (EPA) took issue with that s

More...   $0 (10-28-2015 - MS)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

When the Mississippi State Highway Commission (MHC) sought a permit from the
Army Corps of Engineers (ACE) to fill wetlands in the roadbed of a proposed limited-access
road, it pledged approximately 1,300 acres of Ward Gulfport Properties, L.P.’s and T. Jerard
Gulfport, L.L.C.’s (“Ward,” collectively) property as wetlands mitigation. ACE issued the
permit to MHC in 2009. Ward filed

More...   $0 (10-24-2015 - MS)

Leon Wilmoth, Manager, Safari Real Estate, LLC v. Southwest Arkansas Utilities Corporation

This appeal is from a judgment awarding compensation for the condemnation of a utility easement. On appeal, the landowner contends the circuit court erred by (1) entering an order of possession, ex parte, without any notice to it and thereby denying it the opportunity to respond or request a hearing; (2) excluding the testimony of certain witnesses who could not directly relate their testimony to

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Save Mt. Diablo v. Contra Costa County

Real parties in interest Ronald and Shirley Nunn bought a large tract of agricultural property in Contra Costa County. The tract was recorded as a single parcel, but it actually consisted of four separated parts of unequal size. These parts were formed years before the Nunns bought the property when a local agency acquired through eminent domain two narrow strips of land crossing the property an

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Union Pacific Railroad Company v. Charles Seber and Barbara Seber

Charles and Barbara Seber sued Union Pacific Railroad Company
contending that it wrongfully removed the Sebers’ private railroad crossing. The
Sebers claimed a right to use the crossing pursuant to an implied easement by prior
use. The trial court granted summary judgment in favor of the Sebers, declaring
that the Sebers have a right to use the crossing and ordering Union Pacific t

More...   $0 (09-10-2015 - TX)

Merriam Farm, Inc. v. Town of Surry

The trial court found, or the record supports, the following facts. The petitioner owns an unimproved parcel of land in Surry with frontage on a Class VI road. The property is approximately 1,000 feet from a Class V road. Under
the Town’s zoning ordinance, to build on its property, the petitioner must establish that the property has at least 200 feet of frontage on a public street, which is

More...   $0 (09-26-2015 - NH)

Santa Clarita Org. for Planning etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).)
The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s Ann. W

More...   $0 (09-23-2015 - CA)

Dick Anthony Heller v. District of Columbia

At issue in this suit is the constitutionality of certain gun laws enacted by the District of Columbia. The district court determined as a matter of law that the District’s efforts “to combat gun violence and promote public safety” by means of its registration laws were “constitutionally permissible.” Heller v. District of Columbia, 45 F. Supp. 3d 35, 38 (D.D.C. 2014). Before this court, Dick Anth

More...   $0 (09-18-2015 - DC)

REVI, LLC v. Chicago Title Insurance Co

In 2000, REVI, LLC (“REVI”) purchased a five-acre parcel of residential property along
the Potomac River in Fairfax County (the “Property”). At that time, REVI also purchased a title
insurance policy from Chicago Title Insurance Company (“Chicago Title”), which insured
against “loss or damage” caused by “[a]ny defect in or lien or encumbrance on the title,” among
other risks.

More...   $0 (09-18-2015 - VA)

American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
2
purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American’s constitutional takings claims against the taxing authorities involved in th

More...   $0 (09-03-2015 - TX)

Regional Transportation District v. 750 West 48th Ave., LLC.

In 2011, Regional Transportation District (“RTD”) filed a petition in
condemnation against 750 West 48th Ave., LLC (“Landowner”) to acquire the
approximately 1.6-acre property for development of the Gold Line light rail project
being constructed between Union Station and Arvada. Landowner was leasing the
property to a commercial waterproofing business (“Tenant”).1 Over the ye

More...   $0 (09-14-2015 - CO)

Santa Clarita Organization etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).)
The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s Ann. W

More...   $0 (09-11-2015 - CA)

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