Condemnation Law
 
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)

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)

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)

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)

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)

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)

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)

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 Development

2

More...   $0 (02-06-2014 - UT)

The County of Dakota v. George W. Cameron, IV

The legal questions presented by this case relate to the operation of Minnesota’s minimum-compensation statute, Minn. Stat. § 117.187 (2012), which provides a mechanism for compensating property owners who “must relocate” following the condemnation of their real property. Appellant George W. Cameron, IV, who had his

3

commercial property taken by respondent County of Dakota (

More...   $0 (11-27-2013 - MN)

Karen Callaghan v. City of South Portland

[¶1] Karen Callaghan and Burton Edwards (the employees) are part-time employees of the City of South Portland. They filed a complaint in the Superior Court (Cumberland County) pursuant to 42 U.S.C.A. § 1983 (West, Westlaw through P.L. 113-22) seeking a declaration that certain provisions of the City’s personnel policy violated their First Amendment rights, and further seeking permanent injunct

More...   $0 (09-10-2013 - ME)

Oklahoma Gas and Electric Company, a domestic corporation v. Theodore C. Harvey and Bobbie J. Harvey, husband and wife; the Virginia Harvey Living Trust, Virginia Harvey, Trustee; annd Kathy Holloway Ellis County Treasurer; and the Board of County Commissioners of Ellis County, a body corporate and politic.

Oklahoma Gas and Electric Company, a domestic corporation sued Theodore C. Harvey and Bobbie J. Harvey, husband and wife; the Virginia Harvey Living Trust, Virginia Harvey, Trustee; annd Kathy Holloway Ellis County Treasurer; and the Board of County Commissioners of Ellis County, a body corporate and politic on eminent domain theories seeking to acquire by condemnation certain rights, title and in

More...   $1400 (12-17-2013 - OK)

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 Oklahoma City v. J.R. Bowers, Jr. and Lisa Bowers

The City of Oklahoma City sued J.R. Bowers, Jr. and Lisa Bowers on an eminent domain theory seeking obtain by condemnation certain rights, title and interests in real property owned by the Defendant claiming:

1. That the Plaintiff, The City of Okiahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma and its

More...   $91000 (12-30-1213 - 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)

Paul Tibbetts v. Sight 'N Sound Appliance Center, Inc.

¶ 1 We decide here if the trial judge erred in awarding $375,000.00 in attorney fees to plaintiffs/appellees in their class action suit brought against defendant/appellant, Sight `n Sound Appliance Centers, Inc., d/b/a Sight `n Sound & Cost Warehouse under the Oklahoma Consumer Protection Act (OCPA), 15 O.S.1991, § 751 et seq., as amended.1 We hold the trial judge erred, and the Court of Civil

More...   $0 (09-16-2003 - OK)

Health Carll of Detroit d/b/a Jadells, Inc. v. Atrium Home & Health Care Services, Inc.

Pursuant to MCR 7.215(J)(3), this special panel was convened to resolve a conflict between this Court's opinion in Environair, Inc. v. Steelcase, Inc., 190 Mich.App. 289, 475 N.W.2d 366 (1991), and the recently issued opinion in Health Call of Detroit v. Atrium Home & Health Care Services, Inc., 265 Mich.App. 79, 695 N.W.2d 337 (2005), vacated in part 265 Mich.App. 801 (2005) (vacating part III of

More...   $0 (11-29-2005 - MI)

VISTA POINT PROPERTIES et al., Plaintiffs, Cross-defendants and Appellants, v. ARTHUR SIMONEAU et al., Defendants, Cross-complainants and Respondents; SANTA MONICA MOUNTAIN PROPERTIES et al., Cross-defendants and Appellants.

In this quiet title action, the trial court determined that appellants Vista Point Properties, LLC (Vista Point), Haynes, LLC (Haynes), Santa Monica Mountain Properties, LLC (Santa Monica) and Saddle Peak Properties, LLC (Saddle Peak) had no rights to certain easements for ingress and egress over property owned by Arthur Simoneau and Jill Ajioka (Simoneau or Simoneau Property).1 We affirm the judg

More...   $0 (08-07-2008 - CA)

The City of Oklahoma City v. Grant G. Wilson

The City of Oklahoma City sued Grant G. Wilson on an eminent domain theory claiming to acquire by condemnation certain rights, title and interests in real property owned by Defendant for public use.

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 and its authorized C

More...   $8300 (12-13-2013 - OK)

Oncor Electric Delivery Company, LLC v. Carl H. Brockriede

These are consolidated permissive interlocutory appeals arising from eminent domain proceedings. In three issues, Oncor Electric Delivery Company, LLC contends that a trial court properly complies with section 21.049 of the property code by sending notice of a special commissioner’s award solely to a party and not the party’s attorney, even if the party is represented by counsel and that fact

More...   $0 (12-12-2013 - TX)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh

More...   $0 (12-15-2013 - UT)

State of Oklahoma, ex rel. Oklahoma Department of Transportation v. Cedars Group, LLC

¶1 We must determine whether the three-day mailing rule of 12 O.S. §2006(D) applies to defendants'/appellants' post-trial motions for costs and attorney fees filed in the trial court.1 We answer in the affirmative. A jury verdict was rendered in favor of the defendants in a condemnation action on February 17, 2011. The award was at least ten percent greater than the award of the commissioners, s

More...   $0 (11-26-2013 - OK)

United States of America v. 515 Granby, LLC

Appellants 515 Granby, LLC (“Granby”) and Marathon Development Group, Inc. (“Marathon”) appeal the district court’s denial of attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, after prevailing against the United States on the issue of just compensation in a condemnation proceeding. The EAJA provides that a party who prevails in litigation against th

More...   $0 (11-21-2013 - VA)

Marci Frazier v. Kelly Goudschaal

Kelly Goudschaal and Marci Frazier were committed to a long-time, same-sex relationship, during which they jointly decided to have two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement that, among other provisions, addressed the contingency of a separation. A few months after the couple separated, Goudschaal notified Fraz

More...   $0 (02-22-2013 - KS)

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