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Inverse Condemnation Law
 
Enable Oklahoma Intrastate Transmillion, LLC v. 25 Foot Wide Easement, et al.





Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district
court’s dismissal of its case for lack of subject matter jurisdiction and for failure to
join an indispensable party. Enable also challenges the amount of attorney fees the
... More...
   $0 (11-20-2018 - OK)

Michael Skidmore v. Led Zeppelin

This copyright case involves a claim that Led Zeppelin copied key portions of its timeless hit “Stairway to Heaven” from the song “Taurus,” which was written by Spirit band member Randy Wolfe. Years after Wolfe’s death, the trustee of the Randy Craig Wolfe Trust, Michael Skidmore, brought this suit for copyright infringement against Led Zeppelin, James Patrick Page, Robert Anthony Plant, John Paul... More...   $0 (10-09-2018 - CA)

Richard L. Fowler v. Caliber Homes Loans, Inc.





When an individual takes out a mortgage, he or she secures the loan with real property. To protect its security interest, lenders usually require borrowers to maintain hazard insurance in an amount that is at least equal to the loan’s unpaid principal balance. Should a ... More...
   $0 (10-02-2018 - FL)

CITY OF ALBUQUERQUE A municipal corporation v. SMP PROPERTIES, LLC. and R. MICHAEL PACK







{2} We refer to the property in question as the Hawkins Property, which is 1

owned by SMP Properties, LLC (SMP) and Michael Pack, the owner and manager 2

of SMP (collectively, Defendants). The undisputed facts are as fol... More...
   $0 (10-01-2018 - NM)

City of Tulsa v. TMF II Yale, LLC, et al.

Tulsa, OK - City of Tulsa sued TMF II Yale, LLC, et al. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by the Defendants for public purposes.






MoreLa... More...
   $327500 (10-01-2018 - OK)

Michael Skidmore v. Led Zeppelin





This copyright case involves a claim that Led Zeppelin copied key portions of its timeless hit “Stairway to Heaven” from the song “Taurus,” which was written by Spirit band member Randy Wolfe. Years after Wolfe’s death, th... More...
   $0 (09-30-2018 - CA)

UNITED STATES OF AMERICA v. ERIC PINEDA-MATEO




Before moving forward, a brief survey of the spousal testimonial privilege and the rationales that have traditionally undergirded it is in order. A. The spousal testimonial privilege is an evidentiary privilege that protects a defendant's spouse from having to take the witness ... More...
   $0 (09-23-2018 - NH)

Sara Hart v. Clear Recon Corp.

Following summary judgment against plaintiffs Sara and
Guy Hart in this wrongful foreclosure action, defendant
Nationstar Mortgage LLC obtained its attorney’s fees as
prevailing party, based on a clause in the deed of trust. On
appeal from the fee award, the Harts contend the clause in
question is not an attorney’s fees provision. We agree and
reverse.
FACTUAL AND PROCE... More...
   $0 (09-22-2018 - CA)

Francis A. Bottini, Jr. v. City of San Diego

Office of the City Attorney, Mara W. Elliott, City Attorney, and Carmen A.
Brock, Deputy City Attorney, for Defendants and Appellants.
Francis A. Bottini, Jr., Nina M. Bottini, and the Bernate Ticino Trust dated March
9, 2009, Trust 3 (the Bottinis) applied to the City of San Diego for a coastal development
permit (CDP) to construct a single-family home on a vacant lot in La Jolla.... More...
   $0 (09-21-2018 - CA)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and
8.1110, this opinion is certified for publication with the exception
of Parts II.A–II.B and Part II.D.

Plaintiff and appellant Melody Chacker (plaintiff)
refinanced a loan on her home and then failed to make required
loan payments, which triggered non-judicial foreclosure
proceedings. Plaintiff sued to stop the... More...
   $0 (09-19-2018 - CA)

KENNETH MANLEY v. KANSAS DEPARTMENT OF REVENUE

At around 11 p.m. on June 21, 2016, Marysville Police Officer James Leis saw a truck driving with a burnt-out driver's side headlamp. Leis turned his patrol vehicle around and followed the truck for a short time but did not observe any erratic driving or other traffic violations. After Leis initiated his emergency lights, the truck pulled over without incident. Leis approached the driver's side of... More...   $0 (09-10-2018 - KS)

Suzanne J. Black v. City of Rancho Palos Verdes

The appellants (landowners) own eight lots in an area of
Rancho Palos Verdes that is the subject of a 1978 building
moratorium based on the resurgence of an ancient landslide.1 In
the trial court, the landowners sought relief from the building
moratorium and damages for inverse condemnation primarily on
the basis of our opinion in Monks v. City of Rancho Palos Verdes
(2008)... More...
   $0 (09-10-2018 - CA)

Darrel O. Mason v. Adams County Recorder, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

This is a civil-rights case, brought under the Fair Housing Act, 42 U.S.C. § 3604(c); 42 U.S.C. § 1983; and 42 U.S.C. § 1985, challenging the maintenance of records that contain racially restrictive covenants such as deeds, plat maps, and other real-estate documents maintained by county recorders throughout the state of Ohio.
Plaintiff-Appellant, Darryl Mason, seeks injunctive relief to compel... More...
   $0 (09-06-2018 - OH)

THOMAS TUBBS, et al. v. BNSF RAILWAY COMPANY, INC

The Tubbses own and operate a farm in a floodplain near the Missouri River in Holt
County, Missouri. The farm is located just southeast of Big Lake and about three-and-a-half
miles east of the Missouri River. BNSF, an interstate freight railroad, owns and operates a track
that runs east to west across the floodplain and bisects the Tubbses’ farm. The track sits atop an
earth... More...
   $0 (09-05-2018 - MO)

James L. Dean; Lois P. White, as Personal Representative of the Estate of Joseph White, deceased; Kathleen A. Gonzalez; Thomas W. Winslow; Ada Joann Taylor; Debra Sheldon

DNA evidence exonerated Joseph E. White and the five other plaintiffs of rape
and murder. They sued Gage County and the officers involved in their case. After
an appeal from summary judgment and a mistrial on remand, the district court
dismissed plaintiffs’ conspiracy claim and all claims against Gage County. The
-2-
district court denied qualified immunity to the officers. Hav... More...
   $0 (08-30-2018 - NE)

Dre Jacobo v. The State of Texas

Following his guilty plea, appellant was placed on deferred-adjudication community supervision for a period of ten years. The State later filed an “Original Motion to Revoke Probation.” The motion alleged that appellant committed several violations of his community supervision conditions, including failing to: comply with sex offender registration requirements; report to his probation officer; ... More...   $0 (08-12-2018 - TX)

Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir... More...   $0 (07-26-2018 - IL)

Alan Clukey v. Town of Camden District of Maine Federal Courthouse - Bangor, Maine

In 2007, the Town of Camden,
Maine moved its police department's dispatch operations to the
Knox County Sheriff's Department in the Town of Rockland. As a
result, Camden laid off its three police dispatchers, including
Plaintiff Alan Clukey who had been working as a Camden Police
Department dispatcher for 31 years. Clukey sued Camden in 2011
pursuant to 42 U.S.C. § 1983, cl... More...
   $0 (07-02-2018 - ME)

Lourdest T. Archblod-Garrett and David L. Garrett v. New Orleans City, Metro Durr Group Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Without prior notice, the City of New Orleans demolished a building
along the IH-10 service road that plaintiffs had recently purchased at a tax
sale. Yet two days before the demolition, the City actually cancelled the Code
Enforcement lien on the property, which it obtained after sending notices only
to the owner from 18 years earlier. When the Garretts objected to the
demolit... More...
   $0 (06-25-2018 - LA)

Auto-Owners Insurance Company v. Jennifer Csaszar District of Colorado Federal Courthouse - Denver, Colorado

Auto-Owners Insurance Company provided automobile insurance to Frank
and Nancy Csaszar and their daughter, Jennifer.1 But when that policy’s term
came to a close, Auto-Owners informed Mr. and Mrs. Csaszar that, because of
their daughter’s driving record, it would only renew their policy if it excluded her
from coverage. The Csaszars agreed. The policy accordingly included an
“e... More...
   $0 (06-19-2018 - CO)

State of Oklahoma ex rel. Department of Transportation v. Daniel G. Kamin Sand Springs I, LLC, Colonial Penn Life Insurance Company, Wal-Mart and Tulsa County Board of Commissioners Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Tulsa, OK - State of Oklahoma ex rel. Department of Transportation sued Daniel G. Kamin Sand Springs I, LLC, Colonial Penn Life Insurance Company, Wal-Mart and Tulsa County Board of Commissioners on an eminent domain theory seeking to obtain certain rights, title and interests in real property for public use.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: DEPARTMENT OF TRANSPORTA... More...
   $93700 (06-05-2018 - OK)

Patsy B. Anderton, Individually and d/b/a A-1 Grass, Sand and Stone, and Doyle Anderton v. City of Cedar Hill, Texas

This case appears before this Court following an earlier remand to the trial court. See
Anderton v. City of Cedar Hill, 447 S.W.3d 84, 87 (Tex. App.—Dallas 2014, pet. denied). Because
the procedural history of this case is well-known to the parties, we focus only on those facts
relevant to this appeal.
In 2000, the City adopted a Comprehensive Plan to implement changes along ... More...
   $0 (05-30-2018 - TX)

STATE OF KANSAS v. ROBERT JENSEN

In May 2014, Jensen was traveling on I-70 through Geary County, Kansas. His Colorado-licensed truck lacked a front license plate, but it had a back license plate. A Junction City Police Officer pulled Jensen over for this missing license plate, correctly believing that both a front and a back plate were required by Colorado, the vehicle's state of registration. See Colo. Rev. Stat. § 42-3-201(1)(a... More...   $0 (05-27-2018 - KS)

New West, L.P. v. City of Joliet, Illinois, et al. Northern District of Illinois Courthouse - Chicago, Illinois

This is the fourth published
appellate opinion in a long-running dispute between New
West and the City of Joliet. New West filed this suit in March
2005, contending that the City had interfered with the way in
which it set rents at the Evergreen Terrace apartment complex
under the national government’s mark-to-market program
for rates at subsidized apartments. New West also... More...
   $0 (05-23-2018 - O:)

Paul Chmielewski, et al. v. The City of St. Pete Beach Middle District of Florida Federal Courthouse - Tampa, Florida

In this appeal of an inverse condemnation action, Defendant-Appellant the City of St. Pete Beach (“the City”) challenges a jury verdict in favor of Plaintiffs Katherine A. Chmielewski and Paul Chmielewski, as personal representative of the estate of Chester Chmielewski (“the Chmielewskis”). The underlying dispute involves a beachfront parcel, owned by the Chmielewskis, which experienced significan... More...   $0 (05-21-2018 - FL)

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