Condemnation Law
 
Rochester City Lines, Co. vs. City of Rochester et al.

This case involves two questions arising out of the City of Rochester’s selection of
a contractor to run its municipal bus service. The first question requires us to determine
the appropriate standard of review for an award of a government contract through a “best
value” bidding process, a method by which a government contractor is selected by
weighing various quantitative and

More...   $0 (08-19-2015 - MN)

State of Oklahoma ex rel. Oklahoma Bar Association v. Robert John Nichols

¶1 On June 16, 2015, the complainant, Oklahoma Bar Association (OBA), filed a verified complaint against the respondent, Robert John Nichols, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A, and an application for emergency immediate interim suspension pursuant to Rule 6.2A of the RGDP. The OBA alleged instances of Respondent settling matters

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Colonies Partners v. Super. Ct

The November 2006 settlement agreement between County and Colonies, pursuant to which County paid Colonies $102 million, resolved a lawsuit brought by Colonies against County alleging that the County had taken 67 acres of Colonies’ land for use as part of a regional flood-control facility. That settlement was incorporated into a stipulated judgment, filed January 23, 2007.
The County satisfi

More...   $0 (08-18-2015 - CA)

Coppinger v. Rawlins

Prior to October 1980, the property in question, consisting of 2.43 acres in Riverside County, California, was owned by John and Nancy Robinson. The property is situated at the intersection of Nance Street and Clark Street in an unincorporated portion of Riverside County.
In October 1980, Robinson subdivided the property into Parcels 1 and 2, and dedicated Lots A through C, comprising thirty

More...   $0 (08-15-2015 - CA)

Cooper v. Takeda Pharmaceuticals

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy

More...   $0 (08-13-2015 - CA)

Great Oaks Water Co. v. Santa Clara Valley Water Dist.

Prior to adoption of the District Act, the Santa Clara Valley was plagued by overdraft of the underlying groundwater basin, causing among other things the subsidence of land—with resulting disruption of roads and structures—and the intrusion of salt water into groundwater acquifers. A similar pattern marked much of the American settlement of California. Over the years the Legislature created n

More...   $0 (08-12-2015 - CA)

Keith Cressman v. Michael C. Thompson

In this case, we must decide whether Oklahoma’s depiction of a Native American
shooting an arrow towards the sky on its standard vehicle license plates compels
Appellant Keith Cressman to speak in violation of his First Amendment rights.
In a prior appeal, we determined that Mr. Cressman had alleged sufficient injury to
confer standing and that he had stated a plausible compelled-s

More...   $0 (08-04-2015 - OK)

Enbridge G & P (East Texas) L.P. v. Ben Samford and wife Bette Ann Samford, Cecil Jackson and wife Michelle Jackson and Sammy Monk

This is a condemnation case involving three tracts of land with separate ownership. Enbridge G & P (East Texas) L.P. appeals an award of damages in favor of the landowner condemnees, Ben Samford and wife, Bette Ann Samford; Cecil Jackson and wife, Michele Jackson; and Sammy Monk. In six issues, Enbridge complains of charge error and the failure of the trial court to exclude inadmissible damage tes

More...   $0 (07-31-2015 - TX)

United States of America v. Gregory McRae

New Orleans, LA - Fifth Circuit affirmed in part and reversed in part conviction of former New Orleans police office

In the aftermath of Hurricane Katrina, Henry Glover, a civilian, died after an encounter with a New Orleans police officer that left his severely wounded body in a car owned by William Tanner. After Glover died, another officer, Gregory McRae, with the corpse in the car, se

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The Branson Label, Inc. v. City of Branson

The Branson Label, Inc., a Florida corporation ("Florida Branson Label"),
appeals the district court's dismissal of its suit. 1 The district court found that Florida
Branson Label collusively manufactured subject-matter jurisdiction in violation of 28
U.S.C. § 1359. Florida Branson Label argues that the district court erred by adopting
the wrong legal test for determining collusion

More...   $0 (07-17-2015 - MO)

EOG Resources, Inc. v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway

Soo Line Railroad Company and G-4, LLC appeal from a summary judgment declaring Soo Line does not own an interest in the minerals in and under certain Mountrail County property and G-4 does not hold a valid leasehold interest in the property. Soo Line and G-4 argue the district court erred in finding seven private deeds conveyed only easements and not a fee simple title to Soo Line's predecessor-i

More...   $0 (07-15-2015 - )

State of Oklahoma, ex rel., Department of Transportation v. Marshall J. Farr, et al.

Claremore, OK - State of Oklahoma, ex rel., Department of Transportation sued Marshall J. Farr and Vicki R. Farr, husband and wife, Bank of the Lakes, O'Reilly Auto Parts, the City of Catoosa, The Rogers County Treasurer and Cherokee Nation Enterprises, LLC on eminent domain seeking to obtain by condemnation certain rights, title and interests real property owned or in which the defendants had som

More...   $0 (06-24-2015 - OK)

Ann Teitelbaum v. South Florida Water Management District

Ann Teitelbaum and a group of private property owners (“the Plaintiffs”)
appeal the trial court’s order granting final summary judgment against their claims
for inverse condemnation and de facto constitutional takings, which they pursued
under a theory of “condemnation blight.” However, Florida law is quite clear that
condemnation blight, while relevant to the valuation of property

More...   $0 (07-08-2015 - FL)

United State of America v. Louis Ruggiero

Louis Ruggiero pleaded guilty to producing child pornography, in violation
of 18 U.S.C. § 2251(a). As a condition of that plea, he reserved the right to appeal
the district court’s denial of his motion to dismiss the indictment. On appeal, he
contends that § 2251(a), both facially and as applied, is unconstitutional under the
Fifth and Sixth Amendments because it does not requi

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United States of America v. Apple, Inc.

14 Since the invention of the printing press, the distribution of books has
15 involved a fundamentally consistent process: compose a manuscript, print and
16 bind it into physical volumes, and then ship and sell the volumes to the public.  
17 In late 2007, Amazon.com, Inc. (“Amazon”) introduced the Kindle, a portable
18 device that carries digital copies of books, known as

More...   $0 (07-02-2015 - NY)

Richard E. Glossip v. Kevin Gross

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,

More...   $0 (06-30-2015 - DC)

State of Oklahoma, ex rel. Department of Transportation v. North Yale Auto Parts, Inc.

Tulsa, OK - the State of Oklahoma, ex rel. Department of Transportation sued North Yale Auto Parts, Inc. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owned by the
Defendant for public use.

COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation (the Plaintiff”), and for its cause of actio

More...   $75000 (05-13-2015 - OK)

Tulsa Development Authority v. Charles R. Sturner

Tulsa, OK - the Tulsa Development Authority sued Charles R. Sturner on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Mr. Sturner for public use.

Docket
Date Code Description Count Party Amount
02-17-2011 TEXT

Civil Misc. Initial Filing.
1
02-17-2011 CONDEMN

COND

More...   $1 (05-31-2015 - OK)

David H. Neighbor v. Westar Energy, Inc.

This case requires us to determine whether the Kansas saving statute applies to appeals from appraisers' awards in eminent domain proceedings. Landowner David Neighbor timely filed his appeal under K.S.A. 2014 Supp. 26-508, and the district court later granted his motion to dismiss it without prejudice. About 5 months later Neighbor appealed again, relying upon K.S.A. 60-518 to save the appeal fro

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State of Oklahoma, ex. rel Department of Transporation v. C. Keith Landers, et al.

Lawton, OK - State of Oklahoma, ex. rel Department of Transporation charge C. Keith Landers, Cindy Hardzog Landers f/k/a Cindy Siebold f/k/a Tiny Hardzog a/k/a Tiny M. Hardzog claiming:

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: STATE OF OKLAHOMA
Filed Date: 06/14/2013
Party Name Disposition Information
Disposed: JUDGEMENT ENTERED, 04/03/2015. Judge
Dock

More...   $1 (04-03-2015 - OK)

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 People ex rel. California Department of Transporation v. Hansen's Truck Stop, Inc., et al.

In eminent domain actions, the law directs the parties to exchange formal settlement proposals prior to trial. (Code of Civ. Proc., § 1250.410, subd. (a).)1 If, after trial, the property owner’s statutory demand for compensation is found to be reasonable and the condemning agency’s statutory offer unreasonable, then the property owner is entitled to recover litigation expenses. (§ 1250.410,

More...   $0 (04-24-2015 - CA)

State of Oklahoma v. Floyd R. Hardesty, et al.

Tulsa County, OK - Tulsa trial lawyer Kent Morlan the property owners against the Oklahoma Department of Transportation's action to acquire certain rights, title and interests from Floyd R. Hardest, Charles Arthur Lomon, Mercer James Bainbridge, Linda Gayle Lomon, and Lomon Sand and Gravel Com

More...   $0 (03-28-2015 - OK)

Osama Abdullatif v. Erpile, LLC and Ali Choudhri

In this appeal from the judgment of a Harris County civil court at law, no
one challenges the trial court’s judgment regarding the original plaintiff’s claim
against the original defendant. Instead, the defendant argues that the trial court
lacked subject-matter jurisdiction over the intervenor’s claims. We agree. We
additionally conclude that the trial court lacked subject-m

More...   $0 (03-12-2015 - 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)

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