Eminent Domain Law
 
Hugo Rosario Gutierrez-Brizuela v. Lorett E. Lynch

We recently confronted the thorny problem what to do when an executive
agency, exercising delegated legislative authority, seeks to overrule a judicial
precedent interpreting a congressional statute. In our constitutional history, after
all, judicial declarations of what the law is haven’t often been thought subject to
revision by the executive, let alone by an executive endowed

More...   $0 (08-23-2016 - OK)

Tim Wooters v. Unitech International, Inc.

In this appeal from a judgment for conspiracy to breach a fiduciary duty, we determine whether sufficient evidence supports a finding that a non-employee conspired to aid an employee’s breach of fiduciary duty to his employer. Unitech International, Inc. sued two former employees when it discovered that those
2
employees had stolen Unitech’s trade secrets in preparation for launching a

More...   $0 (01-26-2017 - TX)

UNITED STATES OF AMERICA v. ANTHONY T. ROSS

Anthony T. Ross was convicted in 1999 of misdemeanor sexual assault. In 2009 he moved from Washington D.C. to Ohio, and on October 7, 2010 he was indicted for failing to register with local authorities pursuant to the Sex Offender Registration and Notification Act (“SORNA”). See 120 Stat. 587, 590 (2006), 42 U.S.C. § 16901 et seq.; 18 U.S.C. § 2250(a). The act, passed by Congress in 2006

More...   $0 (02-25-2017 - DC)

United States of America v. Timothy Sedlak

New York, NY - Florida Man Pleads Guilty To Attempting To Gain Unauthorized Access And Cause Damage To The Computer Network Of A Global Charitable Organization

Timothy Sedlak pled guilty to attempting to access without authorization the computer network of a global charitable organization based in New York, New York (the “Organization”), and as a result of such conduct, recklessly cau

More...   $0 (02-23-2017 - NY)

United States of America v. Donald Bowers

Defendant Donald Bowers was previously involved in a civil trade secret
misappropriation case that was litigated in the United States District Court for the District
of Utah. During the course of that litigation, Bowers willfully and repeatedly violated a
permanent injunction issued by the district court presiding over the case, and also refused
to purge himself of civil contempt.

More...   $0 (02-12-2017 - UT)

State of Tennessee v. David Alan Corbitt

This case arises from allegations that the Defendant molested his then five-yearold daughter, M.C.1 A Benton County grand jury indicted the Defendant for two counts of rape of a child. At his trial on these charges, the parties presented the following evidence: M.C., who was six years old at the time of trial, testified that her father, the Defendant, did something he was not supposed to do “

More...   $0 (01-25-2017 - TN)

STATE OF KANSAS v. TROY LAMONT LOVE, II

The facts are tragic and disturbing. Love frequently cared for Robin Harrington's three children, including 18-month-old Bre'Elle. On April 1, 2012, Harrington noticed Bre'Elle's bloodshot eyes and bruising inside the left ear. Later that week, Bre'Elle could not turn her neck and had begun losing hair. On April 7, Harrington took the child to the emergency room where a physician, Venkata Katasani

More...   $0 (01-22-2017 - KS)

COMMONWEALTH vs. PHILIP CHISM & others

In the early evening of October 22, 2013, the
defendant's mother informed the Danvers police department that
the defendant, who was fourteen years old at the time, was
missing. Shortly after midnight on October 23, a Danvers police
officer located the defendant walking on a road in Topsfield and
transported him to the Topsfield police station, where the
backpack he

More...   $0 (01-04-2017 - MA)

Belsito Communications, Inc. d/b/a 1st Responder Newspaper v. James Decker

Brian Blackden is a part-time freelance photographer who
for years has sent photos to a bunch of regional-media outlets,
including Belsito Communications, Inc. (just "Belsito" from now
on). Belsito and Blackden filed this suit alleging that New
Hampshire State Trooper James Decker violated their constitutional
rights when he seized Blackden's camera at the scen

More...   $0 (12-29-2016 - NH)

Oklahoma Department of Transportation v. Twenty-First Properties, L.L.C.

Tulsa, OK - The Oklahoma Department of Transportation sued Twenty-First Properties, L.L.C. on an eminent domain theories seeking to acquire by condemnation certain rights, title and interest in property owned by the defendant for public use.

The Commissioners appointed by the Court assessed the damages that Twenty-First Properties would suffer as a result of the taking of its property at

More...   $145000 (10-24-2016 - OK)

United States of America v. Andrew Caspersen

New York, NY - Former Finance Executive Andrew Caspersen Sentenced To Four Years In Prison For Defrauding Investors Of Over $38 Million And Misappropriating Over $8 Million From His Former Employer

ANDREW CASPERSEN was sentenced in Manhattan federal court to four years in prison for defrauding investors of over $38 million and misappropriating over $8 million from his former employer. CA

More...   $0 (11-07-2016 - NY)

Ocoee Utility District Of Bradley And Polk Counties, Tennessee v. The Wildwood Company, Incorporated

Ocoee Utility District of Bradley and Polk Counties, Tennessee (“the Utility”) is a utility district that operates a water and sewer system in Bradley and Polk Counties. The Wildwood Company, Inc. (“Wildwood”) is a private fishing club with eleven memberstockholders. For decades, Wildwood owned about 120 acres of land in Bradley County, which included wetlands, a lake, and a nearby fresh

More...   $0 (10-06-2016 - TN)

YASSIN MUHIDDIN AREF, ET AL. v. LORETTA E. LYNCH, ATTORNEY GENERAL OF THE UNITED STATES, ET AL.

Appellants are three federal prisoners who spent several years housed in specially designated Communication Management Units (CMUs), a classification that meant family visits and communications with the outside world were curtailed. Appellants contend their designation to CMUs violated their due process rights. One appellant also alleges his continued CMU placement was in retaliation for protect

More...   $0 (09-21-2016 - DC)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Myton

We’re beginning to think we have an inkling of Sisyphus’s fate. Courts of
law exist to resolve disputes so that both sides might move on with their lives.
Yet here we are, forty years in, issuing our seventh opinion in the Ute line and
still addressing the same arguments we have addressed so many times before.
- 2 -
Thirty years ago, this court decided all boundary disputes

More...   $0 (08-30-2016 - UT)

Hugo Rosario Gutierrez-Barizula v. Loretta E. Lynch

We recently confronted the thorny problem what to do when an executive
agency, exercising delegated legislative authority, seeks to overrule a judicial
precedent interpreting a congressional statute. In our constitutional history, after
all, judicial declarations of what the law is haven’t often been thought subject to
revision by the executive, let alone by an executive endowed

More...   $0 (08-24-2016 - OK)

STATE OF MONTANA v. JOSHUA JAMES ALLEN

On September 9th, 2014, Allen sent a series of messages by text, Facebook, and
phone to his former girlfriend, B.D. B.D. had previously obtained an Order of Protection
against Allen prohibiting him from contacting her. Allen sent B.D. a total of 35
individual messages in a two-hour period. B.D. alerted the police to the unwanted
messages. The content of Allen’s messages r

More...   $0 (08-17-2016 - MT)

Anthony Carr v. State of Mississippi

Just before midnight on February 2, 1990, the Lambert Volunteer Fire Department
responded to a call at Carl and Bobbie Jo Parker’s home. Carr v. State, 655 So. 2d 824, 830
(Miss. 1995) (“Carr I”). Firemen found Carl and the Parkers’ children, twelve-year-old
Gregory and nine-year-old Charlotte, dead inside. Id. at 830. Carl and Gregory each had
been shot twice. Id. at

More...   $0 (08-14-2016 - MS)

State of Oklahoma, ex rel. Department of Transportation v. Thomas F. Rivet, Karen A. Rivet and Board of County Commissioners of Comanche County

Lawton, OK - The State of Oklahoma, ex rel. Department of Transportation sued Thomas F. Rivet, Karen A. Rivet and Board of County Commissioners of Comanche County on eminent domain theories seeking to acquire by condemnation certain rights, title and interested in real property owned by the Rivets located in Comanche County, Oklahoma for public use.

The Commissioners appointed by the Cour

More...   $30000 (07-25-2016 - OK)

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 b

More...   $0 (07-26-2016 - MS)

Saddlehorn Pipeline Company, LLC v. Kollin James Lewis

Stillwater, OK - Saddlehorn Pipeline Company, LLC sued Kollin James Lewis, Julie Anne Lewis, Payne County and Central Rural Electric Cooperative seeking to acquire through the exercise of eminent domain certain rights, title and interest in real property owned by Lewis for use for the construction and operation of a pipeline by condemnation.

The Commissioners appointed by the Court report

More...   $21200 (06-02-2016 - OK)

State of Oklahoma ex rel Department of Transportation v. Charles Anthony Benke

Lawton, OK - The State of Oklahoma ex rel Department of Transportation sued Charles Anthony Benke and the Comanche County Board of County Commissioners on an eminent domain theory seeking to acquire by condemnation certain rights, title and interested in real property for public use.

Date Code Description Count Party Amount
04-11-2016 TEXT

CIVIL RELIEF MORE THAN $10

More...   $4700 (06-02-2016 - OK)

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)

BP ENERGY COMPANY v. FEDERAL ENERGY REGULATORY COMMISSION

Petitioner BP Energy Company receives pipeline and terminal services as an import customer of the Cove Point liquefied natural gas (“LNG”) facility under a contract with the facility’s owner, Dominion Cove Point LNG, LP, that expires in 2023. In 2014, Dominion obtained authorization from the Federal Energy Regulatory Commission to convert the Cove Point facility from an import maritime ter

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 int

More...   $0 (07-16-2016 - DC)

State of Oklahoma ex rel. Department of Transportation v. Richard L. Frazier, Kimberly Frazier, Farm Credit of Central Oklahoma, FLCA, Comanche Board of County Commissioners

Lawton, OK - The State of Oklahoma ex rel. Department of Transportation sued Richard L. Frazier, Kimberly Frazier, Farm Credit of Central Oklahoma, FLCA, Comanche Board of County Commissioners on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property for public use.

More...   $11850 (06-02-2016 - OK)

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