Crosstex North Texas Gathering, L.P. appeals the trial court’s dismissal of Crosstex’s condemnation proceeding after granting Fort Worth & Western Railroad Company’s and Cen-Tex Rural Rail Transportation District’s plea to the jurisdiction. We reverse and remand.

Crosstex sought to place a natural gas pipeline under a railroad right-of-way of tracks owned by Cen-Tex and... More...   $0 (11-13-2009 - TX)

Plaintiff-Appellant Robert Norse was ejected from two meetings of the Santa Cruz City Council, one in 2002 and one in 2004. He filed this 42 U.S.C. § 1983 action against the City and its Mayor and Council members alleging violation of his First Amendment rights. In a 2004 unpublished, nonprecedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at ... More...   $0 (11-07-2009 - CA)

Plaintiffs Roy Evans and Arthea LaFrades (together plaintiffs) each owned homes in which shower pans manufactured by defendant Lasco Bathware, Inc. (Lasco) were installed. Plaintiffs' action against Lasco alleged the shower pans suffered from design defects that resulted in water leakage, and the leakage caused damage to adjacent building components. Plaintiffs' fourth amended complaint (FAC), sty... More...   $0 (11-06-2009 - CA)

As to the issue of whether the trial court abused its discretion by allowing evidence of the effect of the creation of a traffic median, which is an exercise of police power, we believe after reviewing the evidence presented at trial that the references were de minimis and thus not prejudicial. We affirm the decision of the Court of Appeals except that, in accordance with Barnes v. North Carolina ... More...   $0 (11-06-2009 - NC)

Bill Butts ("Bill") and his wife, Debra Butts ("Debra") (collectively "Plaintiffs"), brought claims for personal injury and loss of consortium, respectively, against the Missouri Department of Conservation ("Defendant"), alleging Bill suffered physical injuries when he tripped in the dark over a chain Defendant had negligently placed between two poles. After a jury trial, the trial court accepted ... More...   $0 (11-04-2009 - MO)

A municipality sought land through eminent domain to expand its water treatment plant. The property owner objected to the taking because: it would close off an access route to her remaining property; the municipality had not dedicated replacement access in a binding way; and the municipality sought a fee simple interest, rather than an easement, in the portion of the land to be used as an undevelo... More...   $0 (10-30-2009 - AK)

The Three Rivers Levee Improvement Authority sued Dana Investment on an eminent domain theory to acquire by condemnation certain rights, title and interest in property owned by Dana in Olivehurst, California near Ella Avenue and Murphy Road to use for flood control improvements.

Three Rivers' witnesses testified that the property was worth $725,900 and Dana's witnesses countered at $1.6 mil... More...   $1200000 (10-17-2009 - CA)

¶1 In this condemnation action, the State of Oklahoma ex rel. Department of Transportation (ODOT) appeals the trial court's May 29, 2008, Journal Entry of Judgment, granting attorney fees, appraisal fees, engineering fees, and costs to the appellee landowner, Gary Minor (Minor).1 Minor requests attorney fees for this appeal. After reviewing the facts and applicable law, we affirm and remand for f... More...   $0 (10-16-2009 - OK)

Howard Wells, Edward Hill and Don Morrison sued San Bernardino County on an inverse condemnation theory claiming that property that they owned on the northwest corner of Pepper Avenue and Valley Boulevard in Colton, directly west of the county-run Arrowhead Regional Medical Center, was damaged as a result of it was landlocked by the County. They claimed that they lost the ability of develop or sel... More...   $5100000 (10-10-2009 - CA)

¶1 Plaintiffs (“the Farmersâ€�) appeal the trial court’s denial of their motions for judgment as a matter of law (“JMOLâ€�) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (“the Districtâ€�). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F... More...   $0 (10-08-2009 - AZ)

This case arises out of a condemnation action for a way of private necessity. It asks us to determine whether, under RCW 8.24.030, the trial court had the discretion to require the original condemnee to pay an alternative condemnee’s attorney fees and to reduce the original condemnee’s award of attorney fees due to the alternative condemnee’s involvement in the action. Fred and Faith Noble (... More...   $0 (10-08-2009 - wa)

Peter Amato and Michael Noto sued Clarks Summit on an inverse condemnation theory claiming that defendant wrongfully damaged a 101-acre tract of land owned by him when it closed a 117-square foot section Grandview Avenue. Plaintiffs claimed that they were forced to make costly improvements to other roads and caused property values to fall.

The defenses asserted by Defendant are not availab... More...   $2300000 (10-08-2009 - )

Appellants Cen-Tex Rural Rail Transportation District and Fort Worth & Western Railroad Company filed this interlocutory appeal from the trial court=s orders denying their pleas to the jurisdiction in three separate pipeline condemnation cases brought by appellees Worsham-Steed Gas Storage, L.P., Cowtown Pipeline Partners LP, and Enbridge Gathering (NE Texas Liquids), L.P. The primary issue we mu... More...   $0 (10-01-2009 - TX)

Peter Amato sued Clarks Summit on an inverse condemnation theory claiming that defendant wrongfully closed a 117-square-foot section of Grandview Street in 2003 and damaged 101 acres of property owned by him down the street that he and developer Michael Nota had received approval to build 39 single-family homes and 140 townhouses. Plaintiffs maintained the closure lowered property values in the de... More...   $2315338 (10-01-2009 - PA)

Daniel Guggenheim and others bring a facial challenge to the City of Goleta’s mobile home rent control ordinance.

Guggenheim argues that the ordinance, which effects a transfer of nearly 90 percent of the property value from mobile home park owners to mobile home tenants, constitutes a regulatory taking under Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). We have f... More...   $0 (09-29-2009 - CA)

The plaintiff, the city of Milford, appeals from the judgment of the trial court increasing the amount of compensation payable to the defendants1 by the plaintiff in connection with the condemnation of certain real property. The plaintiff claims that the court improperly awarded the defendants compensation for the diminution in value of a hypothetical lot of a subdivision when there was no evidenc... More...   $0 (09-22-2009 - CT)

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 actionâ€�) alleging that the City unlawfully retaliated agains... More...   $0 (09-22-2009 - CA)

Affirmed on appeal; on cross-appeal, reversed and remanded for modification of judgment so as to permit PacifiCorp's upgrade of electrical transmission lines and to permit vehicular access to easement over plaintiffs' driveway in event of an emergency, with proviso that PacifiCorp shall pay costs to repair any damage caused by its vehicles.

ORTEGA, J.

This is a dispute over electrica... More...   $0 (09-09-2009 - OR)

Appellants, referred to collectively hereafter as “Gallatin,â€� argue that the district court made a number of errors in entering an order of condemnation in favor of appellee Burlington Northern Santa Fe Railway Company (“BNSFâ€�) in regard to the 50-foot wide tract of land described in the caption (50-foot tract). Gallatin asserts six points of error. Because we find that none of them have m... More...   $0 (09-04-2009 - WY)

¶1 We review for a second time the Utah Department of Transportation’s (UDOT) taking of property owned by the Appellants, James Ivers, Katherine G. Havas, and P&F Food Services (collectively, Arby’s). In Ivers v. Utah Department of Transportation, 2007 UT 19, 154 P.3d 802, we addressed whether damages were awardable for Arby’s loss of view where the viewimpairing structure was not built on ... More...   $0 (08-21-2009 - UT)

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’... More...   $0 (08-20-2009 - PA)

Plaintiffs appeal following the trial court's entry of summary judgment in favor of defendant. Plaintiffs, who are owners of real property in Douglas County, Oregon (the Wolf property), brought this action against defendant, claiming a prescriptive easement that would allow them to continue to use the private crossing over defendant's railroad tracks that intersect their land. They also sought d... More...   $0 (08-12-2009 - OR)

Since 1989, Maine has required all hospitals to provide free medical services to certain low income patients under a set of statutes and regulations collectively known as "free care laws." See Me. Rev. Stat. Ann. tit. 22, §§ 1715, 1716; 10-144-150 Me. Code R. § 1.01 et seq. Maine's free care laws do not reimburse the hospitals for their expenses incurred in delivering care to low income patient... More...   $0 (08-05-2009 - ME)

The City of Branson, Missouri, exercised its eminent domain authority by condemning a parcel of land in Branson Hills, a development in Taney County, Missouri, owned by Grant General Contractors, Inc. (Grant). An order of condemnation was entered appointing commissioners to assess damages as prescribed by Rule 86.06. The Commissioners’ Report was filed, after which exceptions were filed by the c... More...   $0 (08-05-2009 - MO)

In a single issue, appellant Arlo L. Schriver as trustee of the Schriver Family Trust (the Trust) asserts that the trial court erred in granting the plea to the jurisdiction filed by appellee the Texas Department of Transportation (TxDOT). We affirm.

I. Background

The Trust owns approximately .251 acres of land in Tarrant County (the Proper... More...   $0 (07-30-2009 - TX)