Trespass Law
 
Sea River Properties, LLC v. Loren E. Parks

Plaintiff Sea River and defendant Parks own adjoining
parcels of land on the central Oregon coast near Nedonna
Beach just south of the Nehalem River. Between the 1920s
and the 1990s, after the United States government built two
jetties to contain the Nehalem River, the ocean and wind
deposited sand and silt onto the upland, creating approximately
40 acres of land west of th

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Christopher Joel Davey v. Margarett Jordan Royalties, Inc., et al

Christopher Joel Davey appeals from an adverse summary judgment rendered in his suit against numerous oil companies in an attempt to recover land that once belonged to his deceased father. In five issues, Davey contends that the orders rendered in the temporary administration of his father’s estate are void for want of jurisdiction, the deeds purportedly conveying property to Margarett Jord

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Janice Dudley, et al. v. Nettie Johnson and Joseph Conwright

In this Harrison County land title dispute between two neighboring families connected by a marriage, the original title to the disputed 7.23 acres was within the Conwright family, yet there was some evidence that the tract had been used from time to time by various members of the Johnson family other than the Johnson family claimants. After a bench trial, the trial court ruled that, because the Jo

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The Heirs of Andres Garcia and Francisca Menchaca v. Atlee Parr, Ranch Enterprises LLC, Los Orcones Ranch LTD and Los Orcones Ranch Management LLC

This is an appeal of a take-nothing summary judgment adjudicating title to approximately 11,000 acres of real property in Duval County. Because we conclude appellants failed to produce evidence that they hold title to any part of the property at issue, we affirm the trial court’s judgment.
1 Sitting by assignment.
04-12-00767-CV
FACTUAL AND PROCEDURAL BACKGROUND
The property

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Steven Hoffman v. 162 North Wolfe, LLC

This case involves a dispute between the owners of adjacent commercial property located in Sunnyvale at 170 North Wolfe Road (170 Wolfe, or 170 Wolfe property) and 162 North Wolfe Road (162 Wolfe, or 162 Wolfe property). In March 2010, appellants Steven Hoffman (Hoffman) and Swee Lin Hoffman (collectively, the Hoffmans), purchased the 170 Wolfe property. After close of escrow, the owner of the 162

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Oklahoma Turnpike Authority v. Dye

¶1 In this case it appears that on June 22, 1951, plaintiff, Oklahoma Turnpike Authority, brought an action in condemnation in the district court of Lincoln county, against William B. Dye and Lillian B. Dye to acquire a fee-simple title to surface rights to a tract of land consisting of 0.27 acres out of a two-acre tract owned by defendants located in the southeast corner of the N.W. 1/4 of the

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Calyx Energy, LLC v. Mark Hall

¶1 Mark and Rachel Hall appeal three rulings of the district court, a January 3, 2011 order granting their motion for attorney fees, a January 31, 2011 order denying their motion for treble damages and a July 6, 2011 order denying their motion for additional attorney fees. We dismiss this appeal for lack of appellate jurisdiction because the orders appealed lack the finality required for appell

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City of Oklahoma City v. Gertrude Paine Daly

¶1 This action for damages resulting from the construction of a city sewer was tried by the court on the petition of the defendants in error, hereinafter called Owner, against the City of Oklahoma City, hereinafter called the "City", plaintiff in error. The court found in favor of the Owner and against the City and rendered judgment accordingly.

¶2 The controversy arose from the con

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Western Farmers Elec. Co-op v. Harold R. Willard

¶1 Appellants, (Landowners) in this condemnation action, appeal from an order of the trial court overruling their exceptions to the report of the commissioners appointed to appraise their land condemned by Appellee Electric Cooperative for an easement to construct power lines.

¶2 Landowners based their objections on the right of Appellee to exercise the powers of eminent domain. Thi

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Jim C. Graham v. City of Duncan, Oklahoma

¶1 Jim C. Graham instituted this action January 9, 1957, against the City of Duncan to collect damages for the alleged destruction of a broomcorn crop of the value of $5,274.25. The parties will be referred to as Graham and City.

¶2 In his petition Graham alleged he had leased land in Stephens County, Oklahoma, from his father, the then owner of the land, for the year 1956 and had p

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Jacques Bloxham v. Todd Saldinger

Jacques Bloxham (or Jack Bloxham) and Janette Magoc (the Bloxhams) and Todd Saldinger and Barbara Saldinger, also known as Barbara Zylbert,1 (the Saldingers) disputed the location of their common property lines. At trial, the determinative issue was the location of the western boundary of the Shoquel Augmentation Rancho (more recently denominated the “Soquel Augmentation Rancho”; herei

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Kenneth Mark Dorrough v. John Murray Faircloth and Helen Bowen

In response to a complaint that Appellee John Faircloth was interfering with others’ right to fish, Appellant Kenneth Mark Dorrough, a deputy game warden, entered Faircloth’s lakefront property. He saw Appellee Helen Bowen, Faircloth’s wife, questioned her briefly, and then questioned Faircloth. After a heated verbal exchange between Faircloth and Dorrough, Appellees sued Dorr

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Bryan Dale Manzella v. The State of Texas

Appellant Bryan Dale Manzella pleaded guilty, without an agreed recommendation as to punishment, to the felony offense of aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2013).
2
After a presentence investigation and hearing, the trial court sentenced Manzella to five years in prison. On appeal, he raises a single issue challenging the trial courtâ

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Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a

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Kings River Trail Association, Inc. and Kings River Village Community Association, Inc. v. Pinehurst Trail Holdings, LLC

These consolidated appeals are from a judgment disposing of various claims between a company that purchased property on which golf courses and undeveloped acreage were located, on one side, and owners of nearby homes and two homeowners’ associations on the other side. In the appeal by the homeowners’ associations, we address whether the trial court erred in granting summary judgment

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Doyle Anderton v. E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane and Lisa K. Lane

Doyle Anderton appeals the trial court’s judgment in favor of E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane, and Lisa K. Lane (collectively referred to as “Lane”), stemming from Lane’s trespass to try title suit. In a single issue on appeal, Anderton contends no legally sufficient evidence supports the trial court’s finding that Lane ad

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Gary Ben Stephens, et al v. Union Valley Ranch, LP

In this property dispute, appellants Gary Ben Stephens, Stephens Group, L.P., and
Stephens Group II, L.P. appeal the trial court’s order granting summary judgment to appellee
Union Valley Ranch, L.P. on its claim for declaratory relief. In two issues, appellants argue (1)
appellee’s claim was a suit to try to title and therefore had to be brought as a trespass to try titl

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United States v. William Robison

On April 18, 2012, Cedar Rapids police officers responded to a report that a
shot had been fired at the residence of Laura Fluke, the mother of eighteen-year-old
William Robison. The officers interviewed individuals present at Fluke’s residence,
including Jenna Moser, and learned that Fluke had been assaulted by her boyfriend,
Shane Manley, on the front porch. Moser told the

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5F, LLC v. Robert Dresing

5F, LLC, challenges the order granting final summary judgment in favor of Robert Dresing, Sarah F. Dresing, and the Northern Trust Company, trustee for the Michael W. O'Shaughnessy Trust (collectively referred to as the Dresings). The lower
- 2 -
court found that the Dresings, as riparian land owners, have a common law right to construct a pier on submerged land owned by 5F which abuts the

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Idaho Military Historical Society, Inc. v. Holbrook Maslen and Aeroplanes Over Idaho, Inc.

This is an appeal from the district court’s order of attorney fees against the defendants, Aeroplanes Over Idaho (“AOI”) and Holbrook Maslen (“Defendants”), in a dispute arising from the claim of lien filed by AOI on a PT-23 Fairchild airplane (“Fairchild”) owned by the Idaho
Aviation Hall of Fame (“IAHOF”) and transferred to the Idaho Mil

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The People v. Julio Davis

In 2000, a jury convicted Julio Davis of first degree burglary (Pen. Code, § 459)
and also found that he had four prior first degree felony burglary convictions. The trial
court imposed a sentence of 25 years to life in prison. In April 2003, this court affirmed
the judgment against Davis who is currently serving his sentence. (See People v. Davis
(Apr. 2, 2003, A094645) [nonpub

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Kelly Walls v. Daniel Klein

Kelly Walls appeals the trial court’s judgment granting a permanent injunction in favor of Daniel Klein and awarding him damages for his breach of contract and defamation claims. On appeal, Walls contends: (1) Klein’s attorney engaged in incurable improper jury argument; (2) the trial court erred in admitting an exhibit that was not properly authenticated; (3) the injunction is unsup

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The Alabama-Coushatta Tribe of Texas v. United States of America

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to

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Jeff McCollin v. J.D.F. Properties, LLC

¶1 Jeff McCollin filed suit against J.D.F. Properties, LLC; Denise M. Fabrizio; and Jeff Fabrizio (collectively, J.D.F.), claiming in part that they damaged his land by altering the flow of the river that separates the parties’ properties.1 On appeal, McCollin contends that the district court erred in granting summary judgment in favor of J.D.F. We affirm.
1. Other plaintiffs were in

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Powder Run at Deer Valley Owner Association v. Black Diamond Lodge at Deer Valley Association of Unit Owners and Park City Municipal Corporation

¶1 This case involves a challenge to the dedication of an
easement as a public street in Park City. The easement crosses
Powder Run v. Black Diamond
2. In reviewing the district court’s grant of summary judgment, we
view the facts and all reasonable inferences drawn therefrom in the
light most favorable to Powder Run, the nonmoving party. Orvis
v. Johnson, 2008 UT

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