Eminent Domain Law
 
State of Oklahoma, ex rel. Department of Transportation v. Betty Joy Rowland Young, Betty Rowland Nursery School, Inc.

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Betty Joy Rowland Young and Betty Rowland Nursery School, Inc. on eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property for use for a public improvement.

The property in question was needed for a perpetual utility easement of 0.06 acres fronting on I-44.
... More...
   $0 (04-05-2016 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Fikes Center, Inc.

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Fikes Center, Inc. and Bank of America on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned or upon which the defendants had ownership or lien interests for public use in the construction and operation of certain improvements to Interstate Highway 44 in T... More...   $2395500 (03-29-2016 - OK)

Fushun Jinly Petrochemical Carbon Co. v. United States

The matter concerns the fourth administrative review of the order on subject
merchandise,1 as determined by the International Trade Administration, U.S. Department of
Commerce (“Commerce”). After the review’s March 29, 2013 initiation, Commerce selected
Fushun and Fangda as mandatory respondents,
Concerning two of the issues brought here, Commerce preliminarily found that
Fu... More...
   $0 (03-28-2016 - NJ)

Kate Calvin, et al. v. Jefferson County Board of Commissioners, et al.

Imagine a fictional Florida county—I’ll call it Marshall County—with a total census population of 12,000. Marshall County is run by a board of commissioners comprised of five peo-ple, each of whom is elected from a single-member district with a total census population of exactly 2,400. The Marshall County School Board, which also has five members, uses the same district lines. Case 4:15-cv-00131-M... More...   $0 (03-24-2016 - FL)

State of Oklahoma, ex rel. Department of Transporation v. Tulsa Interests, LLC, RBC Bank, El Chico Restaurants

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transporation sued Tulsa Interests, LLC, RBC Bank, El Chico Restaurants on eminent domain theories seeking to acquire certain rights, title and interests in real owned by the Defendants for public purposes. The allegations made by the State are not available for this case.

Court Docket:

Date Code Description Count Part... More...
   $0 (03-16-2016 - OK)

STATE OF NEW JERSEY v. YASIN SIMMS

In State v. Cain, __ N.J. __ (2016), we determined that in
drug-distribution cases, an expert’s opinion on the defendant’s
state of mind -- whether the defendant possessed drugs with the
intent to distribute -- encroaches on the exclusive domain of
the jury as trier of fact. After the jury is informed of “the
significance of drug packaging and weight, scales and cutting <... More...
   $0 (03-16-2016 - NJ)

STATE OF NEW JERSEY v. SCOTT M. CAIN

In State v. Odom, 116 N.J. 65, 80-81 (1989), we held that
an expert witness in a drug-distribution case could testify to
the ultimate issue of fact -- whether a defendant possessed
drugs with the intent to distribute. We cautioned, however,
that the expert’s testimony should not amount to a pronouncement
of guilt. Allowing an expert to offer an opinion on a
defenda... More...
   $0 (03-16-2016 - NJ)

HOCHSTETLER et al v. USA

Section 1247(d) of the Trails Act prompts certain federal agencies to encourage the conversion of unused railroad rights-of-way into recreational trails by state and local governments or private entities. See 16 U.S.C. § 1247 (2012). One of these federal agencies, the Surface Transportation Board (“STB”), is tasked with regulating the construction, operation, and abandonment of railroad lines in t... More...   $0 (03-13-2016 - DC)

State of Oklahoma, ex rel. Department of Transportation v. H.W. Allen Co., L.L.C.

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued H.W. Allen Co., L.L.C. on an eminent domain theory seeking to acquire by condemnation certain rights title and interests in real property owned by the Defendant for public use (I-44) in Tulsa County, Oklahoma.

The Court appointed Sheila Brunton, George O'Connor and Jim Clark to serve as commissioners on the case ... More...
   $28930 (03-09-2016 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Berry Joy Roland Young and Betty Rowland Nursery School

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Berry Joy Roland Young and Betty Rowland Nursery School on eminent domain theories seeking to acquire certain rights, title and interested owned by the Defendants in real property located in Tulsa County, Oklahoma for use for a public highway.

The Court appointed Jim Clark, Mike Craddock and Howard Kelsey to asse... More...
   $105000 (03-03-2016 - OK)

STATE OF NORTH CAROLINA v. ARTHUR LEE GIVENS

Where defendant has not met his burden to show that defense counsel was
deficient by not fulfilling a promise made to the jury in his opening statement,
defendant was not prejudiced and is not entitled to a new trial.
Arthur Lee Givens, defendant, and Donald Everette Gist, the victim, became
acquainted in the fall of 2014 while they both stayed at Schameka Earl’s home for a <... More...
   $0 (03-01-2016 - NC)

In the Interest of A.K., a child

Appellant father (“Father”) appeals the trial court’s order terminating his parental rights to his child, A.K.1 Father challenges: (1) the “aggravated circumstances” findings in the temporary orders; and (2) the sufficiency of the evidence to support the trial court’s finding that termination was in the best interest of the child. We affirm the trial court’s termination order.2 BACKGROUND In A... More...   $0 (02-17-2016 - TX)

In the Interest of A.K., a child

In August 2014, the Texas Department of Family and Protective Services (“the
Department”) received information that two-year-old A.K. was being physically abused. A.K. had
been in the care of Father since she was ten-months-old, but Father’s girlfriend, “Ronda,” was
In accordance with Rule 9.8 of the Texas Rules of Appellate Procedure, we will refer to the child and relevant adults... More...
   $0 (02-17-2016 - TX)

State of Rhode Island v. Jose Lopez

Defendant Jose Lopez urges dismissal of a single-count indictment alleging that
on September 3, 2010, he discharged a firearm during a crime of violence (assault with a
dangerous weapon), which resulted in permanently incapacitating Ramon Cruz, who is now a
paraplegic. The penalty for conviction on that charge is a mandatory life sentence.
The indictment, which was returned b... More...
   $0 (02-15-2016 - RI)

Commonwealth v. Johnson

The issue presented in this case is whether
the motion judge, applying the common-law principles of fairness
in Commonwealth v. Jones, 423 Mass. 99, 109 (1996), committed an
abuse of discretion in allowing the defendant's motion to
suppress the victim's identifications of the defendant as the
intruder he had struggled with in his home. The judge found
that, through ... More...
   $0 (02-12-2016 - MA)

STATE OF IOWA vs. MIRANDA PETITHORY-METCALF

Miranda Petithory-Metcalf (Petithory) appeals her conviction, following a
jury trial, for murder in the second degree. She first asserts sufficient evidence
does not support the jury’s finding she acted with malice aforethought, and
therefore, the district court erred when it denied her motion for judgment of
acquittal. She also argues the court abused its discretion when it ... More...
   $0 (02-10-2016 - IA)

SHARRON JENKINS v. CHICAGO PACIFIC CORPORATION, et al

Sharron and Gerald Jenkins received, by quitclaim deed, property that had previously been used by the Chicago, Kansas and Nebraska Railway Company, the predecessor of Chicago Pacific Corporation, (Chicago Pacific) as a railroad track
running through the town of Holton. Use of the property as a railroad track has long since been abandoned. Gerald is now deceased and Sharron filed a quiet title... More...
   $0 (02-10-2016 - KS)

State of Maine v. Buddy Robinson

Viewed in the light most favorable to the State, the evidence
establishes the following facts. See State v. Dolloff, 2012 ME 130, ¶ 3,
58 A.3d 1032. In 2009, Robinson and his sister were employed at a business in
Lewiston. There, the sister met Christiana Fesmire.
Robinson’s sister and her child resided in the second floor apartment of
a house that she owned in Lewiston... More...
   $0 (02-05-2016 - ME)

Hoffer Properties, LLC v. State of Wisconsin

This is a review of an unpublished decision of the court of appeals affirming a grant
of partial summary judgment to the Department of Transportation
(DOT).1 Pursuant to Wis. Stat. § 84.25 (2007-08),2 DOT eliminated
Hoffer Properties, LLC's (Hoffer's) direct driveway connections
to State Trunk Highway 19 (STH 19), a controlled-access highway.
DOT also separately exercised ... More...
   $0 (02-04-2016 - WI)

State of Maine v. Buddy Robinson

Viewed in the light most favorable to the State, the evidence
establishes the following facts. See State v. Dolloff, 2012 ME 130, ¶ 3,
58 A.3d 1032. In 2009, Robinson and his sister were employed at a business in
Lewiston. There, the sister met Christiana Fesmire.
Robinson’s sister and her child resided in the second floor apartment of
a house that she owned in Lewiston... More...
   $0 (02-02-2016 - ME)

State Of Kansas v. Toliver

Following a bench trial on stipulated facts, the district court convicted Tony Toliver, a parolee under the supervision of the Kansas Department of Corrections (KDOC), of marijuana possession and sentenced him to 6 months' probation with an underlying 60-day jail term.
On appeal, Toliver asks us to reverse his conviction. He contends the district court erroneously denied his motion to supp... More...
   $0 (01-29-2016 - KS)

CLAUDE SEARS, et al. v. UNITED STATES

Before the court in this rails-to-trails takings case are the government’s motion for partial summary judgment and plaintiffs’ cross-motion for partial summary judgment under Rule 56(a) of the Rules of the United States Court of Federal Claims (“RCFC”). Both motions pertain to the interest rate that should be applied beyond February 3, 2016 as part of the just compensation that has otherwise been... More...   $0 (01-29-2016 - DC)

Adair County Board of Commissioners v. Thomas J. Willhite and Deann Willhite

Stilwell, OK - Adair County Board of Commissioners sued Thomas J. Willhite and Deann Willhite on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by the Defendants for public use claiming:

COMES NOW the Plaintiff, Adair County Board of Commissioners, County of Adair and State of Oklahoma, (the "Plaintiff'), and for its cause of action a... More...
   $0 (01-26-2016 - OK)

Lanam v. Promise Regional Med. Ctr.-Hutchinson, Inc.

Jaclan Lanam had her right knee replaced at Promise Regional Medical CenterHutchinson, Inc., in October 2009. She was discharged from the hospital 3 days later. Kelly Zoglman, a certified nurse assistant, transferred Lanam from her hospital chair to a wheelchair. Zoglman then rolled Lanam out to the car waiting to take her home. Zoglman was the sole assistant assigned to transfer Lanam from her wh... More...   $0 (01-23-2016 - KS)

State Of New Mexico v. Begay

Defendant Trevor Begay was convicted of battery in the San Juan County
11 Magistrate Court and sentenced to 182 days of imprisonment with credit for eleven
12 days of time served. The magistrate court suspended his sentence and ordered that
13 Defendant serve 171 days of supervised probation. Defendant violated the terms of
14 his probation and could not be located to answer for th... More...
   $0 (01-23-2016 - NM)

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