Condemnation Law
 
North Fork Special Service District v. Robert Bennion

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78B‐5‐825. See Utah Code Ann. § 78B‐5‐825 (LexisNexis 2012). We vacate the judgment and re

More...   $0 (01-04-2013 - UT)

City of Choctaw v. Oklahoma Municpal Assurance Group

¶1 In a dispute over insurance coverage between the plaintiff/appellee, City of Choctaw, and its insurer, Oklahoma Municipal Assurance Group (OMAG), defendant/appellant, the trial court granted a motion for summary judgment for Choctaw. Both in the trial court and on appeal, the city argued that OMAG should cover an inverse condemnation judgment entered against the city in a suit brought by a lan

More...   $0 (01-22-2013 - OK)

Peak Alarm Co., Inc. v. Salt Lake City Corp.

¶1 In this appeal, Salt Lake City employees Shanna Werner and Scott Atkinson (City Employees) contest the district court’s denial of their motion for summary judgment. In that motion, they argued that appellees Michael Howe, Jerry Howe, and Peak Alarm Company (Mr. Howe) failed to file suit within the period fixed by the applicable statute of limitations. The City Employees contend that parties

More...   $0 (02-15-2013 - UT)

Patricia Moore-King v. County of Chesterfield, Virginia

Patricia Moore-King ("Moore-King") challenges the application of regulations enacted by the County of Chesterfield, Virginia (the "County") affecting fortune tellers on various grounds. For the reasons that follow, we affirm the district court’s grant of summary judgment in favor of the County.

I.

A.

The parties do not dispute the relevant facts. The Chesterfield County Code

More...   $0 (02-26-2013 - VA)

City of Harrisburg v. Ellen Leigh

Defendant appeals a general judgment that condemns real property that she owns, vests title to that property with the City of Harrisburg, and awards her compensation for the taking, and from a supplemental judgment that allows an award of part of her attorney fees and costs. Defendant contends that the trial court erred in awarding just compensation for only the fair market value of the land that

More...   $0 (01-16-2013 - OR)

Oklahoma Gas and Electric Company v. Joetta Clay

Oklahoma Gas and Electric Company sued Joetta Clay, Lavarene Hilliard and others on eminent domain theories claiming:

1. Oklahoma Gas and Electric Company (“OG&E”), a corporation, having been duly organized and incorporated under the laws of the State of Oklahoma, is authorized to conduct its business in this State, including the business of furnishing light, heat and power by electri

More...   $0 (02-04-2013 - OK)

Roger Schanzenbach v. Town of La Barge, Wyoming

Plaintiff Roger Schanzenbach sought to install mobile manufactured homes on two properties he owned in the town of LaBarge, Wyoming. The town council initially granted him a building permit for one property but revoked it about two weeks later and then enacted an ordinance that included a provision banning the installation of any manufactured home older than 10 years at the time of the relevant pe

More...   $0 (02-08-2013 - WY)

Alachua Land Investors, LLC v. City of Gainesville

Alachua Land Investors, LLC (ALI), appeals a final judgment entered in favor of City of Gainesville (City) on ALI’s action for inverse condemnation. ALI contends that the trial court’s ruling on ripeness constitutes error as a matter of law because ALI filed a meaningful application and obtained a final decision from the City. Given ALI’s failure to satisfy the ripeness requirement, we affir

More...   $0 (01-31-2013 - FL)

Carl Wells v. City of Corsicana

Carl and Terry Wells sued the City of Corsicana, asserting an inversecondemnation claim. Their claim pertains to Corsicana’s paving of its private road easement that runs along the western edge of the Wellses’ lot and provides access to Corsicana’s adjacent lot, which is the location of Corsicana’s water intake site on Richland Chambers Reservoir. They also complain of Corsicana’s instal

More...   $0 (02-03-2013 - TX)

Roy D. Mercer, LLC v. Honorable Matthew G. Reynolds

{1} In the practice of law, there is no higher duty than one’s loyalty to a client. This duty applies to current and former clients alike. In this case, we are called upon to interpret this duty in light of Rule 16-110(C) NMRA of the Rules of Professional Conduct regarding the imputation of conflicts of interest to law firms. In interpreting and applying the rule to this case, we hold that when

More...   $0 (12-06-2012 - NM)

City of Houston v. Young Song

In this interlocutory appeal, the City complains that the trial court erred in denying the City‟s plea to the jurisdiction because appellees have not alleged an inverse condemnation claim for which governmental immunity has been waived and do not have standing to seek injunctive relief based on the City‟s construction of medians within a public roadway near appellees‟ businesses. Because app

More...   $0 (01-26-2013 - TX)

Crosstex DC v. Terry Titus Button

Appellant Crosstex DC Gathering Company, J.V. condemned a portion of land owned by Terry Titus Button and Ossie A. Button for purposes of a pipeline easement.[2] The Buttons objected to the commissioner’s award, and the issue of damages resulting from the easement was tried to a jury. Crosstex now appeals from the part of the trial court’s judgment in condemnation awarding the Buttons $794,7

More...   $794789 (01-26-2013 - TX)

North Fork Special Service District v. Robert Bennion

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78B‐5‐825. See Utah Code Ann. § 78B‐5‐825 (LexisNexis 2012). We vacate the judgment and re

More...   $0 (01-04-2013 - UT)

Stephen Smith v. Board of County Commissioners of Park County, Wyoming

[¶1] The Smiths contend that an unlawful taking occurred when the Board of County Commissioners of Park County (the Board) declared the Smiths’ private driveway to be part of a county road. Failing to obtain any relief through administrative proceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inve

More...   $0 (01-09-2013 - WY)

Wayne and Janet Doner v. State of Ohio

Wayne and Janet Doner sued the State of Ohio on an inverse condemnation theory claiming that property owned by them flooded almost every year after the defendant changed the way it managed the West Bank spillway on Grand Lake.

Plaintiff are among 86 landowners who blamed the Ohio Department of Natural Resources for increasing flooding on their land.

The defense asserted by the State

More...   $1900000 (01-15-2013 - OH)

Middleborough Veterans' Outreach Center, Inc. v. Paul J. Provencher

In 2010, appellee Paul Provencher, the Veterans' Agent for the Town of Middleborough, Massachusetts ("the Town"), wrote letters to local newspapers, advising area residents to exercise caution before donating to veterans' charities that use telemarketing or direct solicitation, and naming appellant Middleborough Veterans' Outreach Center ("MVOC") and one other charity. MVOC claims that, as a resu

More...   $0 (01-11-2013 - MA)

Lost Trail, LLC v. Town of Weston

Approximately fifteen years ago, the plaintiff, Lost Trail, LLC (Lost Trail), purchased two adjacent parcels of land in the town of Weston (town). Lost Trail’s apparent intention was to divide the aggregated land into four lots suitable for building under the town’s zoning regulations. After Lost Trail reconfigured its property, consistent with this purpose, town officials informed Lost Trail

More...   $0 (01-10-2013 - CT)

Oklahoma Gas and Electric v. Homes of OKC, Inc.

Oklahoma Gas and Electric sued Homes of OKC, Inc. aka Homes of OKC, Inc. on an eminent domain theory claiming:

1. Oklahoma Gas and Electric Company (“OG&E”), a corporation, having been duly organized and incorporated under the laws of the State of Oklahoma, is authorized to conduct its business in this State, including the business of furnishing light, heat and power by electricity.

More...   $0 (01-07-2013 - OK)

City of Lawton v. Dennis W. Merrifield

City of Lawton sued Dennis W. Merrifield and Mary Lou Merrifield on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by them for public use.

The Court appointed Steve Aust, Hank Foster and David Means commissioners to appraise the fair market value of the property taken and the damages, if any, to the remainder.

T

More...   $39850 (01-06-2013 - OK)

City of Tulsa v. Red Fork Properties, LLC

The City of Tulsa sued Red Fork Properties, LLC on an eminent domain theory seeking to obtain by condemnation certain rights, title and interested from Defendant for public use. The City alleged as follows:


1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and statutes of the State of Oklahoma under a charter form of govern

More...   $0 (11-30-2012 - OK)

West Washington Properties, LLC v. California Department of Transportation

This case concerns an advertising display the California Department of Transportation (Caltrans) found was in violation of the Outdoor Advertising Act, Business and Professions Code section 5200, et seq. (the Act).1 The owner of the display, West Washington Properties, LLC (West Washington), argued equitable estoppel and laches barred the agency from enforcing the Act, or formed the basis of an in

More...   $0 (11-05-2012 - CA)

Xavier Kyablue v. Abraham Watkins

In this case, we hold that an action lies to recover funds advanced by one party to another, to enable the latter to engage in legal gambling where the agreement reserves the right of the party advancing the money to terminate the relationship and recover money not expended. The trial court ruled otherwise in sustaining a demurrer to the complaint without leave to amend.

According to the ch

More...   $0 (11-11-2012 - CA)

City of Tulsa v. Howard Alexander, Trustee of the Howard Alexander Revocable Trust

The City of Tulsa sued Howard Alexander, Trustee of the Howard Alexander Revocable Trust on an eminent domain theory seeking to acquire certain rights, title and interests in real property by condemnation owned by Defendant for public use.

The Court appointed Sheila Brunton, Jim Clark and George O'Connor to service as commissioners to appraise Defendant's property and report to the Court

More...   $50000 (11-10-2012 - OK)

City of Tulsa v. Raintree Estates Condominiums Homeowers Association

The City of Tulsa sued Raintree Estates I Condominiums Homeowners Association and others on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in Defendants' properties located on the west side of South Yale Avenue south of 71st Street for street widening purposes.

The Court appointed Jan Gordan, Jim Clark and George O'Connor as commissioners to

More...   $0 (11-09-2012 - OK)

Hanford-Southport, L.L.C. v. City of San Antonio

This is an appeal from a final judgment in a statutory condemnation case. See TEX. PROP. CODE ANN. § 21.011-.025 (West 2004 & Supp. 2012). In this appeal, appellant Hanford-Southport, LLC (“Hanford-Southport”) does not challenge the condemnation; rather, Hanford-Southport challenges the amount of the condemnation award. We affirm the trial court’s judgment.

BACKGROUND

The City

More...   $0 (11-09-2012 - TX)

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