Eminent Domain Law
 
Jefferson Morley v. CIA

Morley is a journalist and news editor who has written about the assassination of President John F. Kennedy. In 2003 he submitted a FOIA request to the Central Intelligence Agency for all records related to CIA officer George E. Joannides. Morley believed that information on Joannides could shed new light on President Kennedy’s assassination because Joannides had served as the CIA case officer f... More...   $0 (01-21-2016 - DC)

COMMONWEALTH OF MASSACHUSETTS vs. FELIX GUERRERO-AYBAR

On September, 22, 2006, Detectives Moynihan
and Mejia of the Lawrence police department's street narcotics
enforcement unit were conducting surveillance in the Park Street
area of Lawrence, a residential area with high crime, including
significant illegal drug activity. The detectives observed the
defendant drive past a bicyclist known to the detectives as a
heroin ... More...
   $0 (01-21-2016 - MA)

Nebraska v. Parker

The Omaha Tribe settled in the Missouri River valley more than 500 years ago. Over the course of several centuries, the Tribe established villages in northeastern Nebraska, farmed the land, and hunted deer and bison across the plains. But the Tribe increasingly found itself threatened by westward expansion, warfare with other tribes, and disease. Following the United States’ acquisition of it... More...   $0 (01-20-2016 - DC)

State of Oklahoma, ex rel. Department of Transportation v. Whataburger Real Estates, L.P.

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Whataburger Real Estates, L.P. on an eminent domain theory seeking to acquire certain rights title and interest in real property owned by Defendant for public purposes.

The nature and extent of the taking is not available.

Court Docket Entries:

12-17-2008 CTFREE

CANTRELL, DAMAN: HEA... More...
   $150000 (01-14-2016 - OK)

UNITED STATES OF AMERICA V. CHRISTOPHER JAMES

Federal law lacks a generic statute addressing nonconsensuarape, as every state has. Instead, 18 U.S.C. § 2241 prohibits aggravated forcible sexual assault. 18 U.S.C. § 2242(2) covers the less frequent scenario where an assailant sexually assaults a victim who is (A) mentally incapable of understanding what is happening, or (B) physically incapable of resisting the assault. Under § 2242(2)(A), s... More...   $0 (01-14-2016 - AZ)

State of Oklahoma, ex rel. Department of Transportation v. Stantan B. Noble a/k/a Stan B. Noble

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Stantan B. Noble a/k/a Stan B. Noble on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by Defendant for public highway purposes.

Date Code Description Count Party Amount
01-12-2009 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
... More...
   $0 (01-08-2016 - OK)

State Of Nebraska v. Bain

A jury found the appellant, Tyler C. Bain, guilty of four felonies stemming from his assaults of his former wife with whom he was living: kidnapping, first degree sexual assault, second degree assault, and making terroristic threats. Regarding the kidnapping conviction, the court found that statutory mitigating circumstances did not exist. It convicted Bain of a Class IA felony for kidnapping and ... More...   $0 (01-08-2016 - NE)

Plains Pipeline, L.P. v. thomas Joseph Montgomery, Roberta Ann Montgomery, Board of County Commissioners of Cleveland County and Jim Reynolds, Cleveland County Treasurer

Norman, OK - Plains Pipeline, L.P. sued Thomas Joseph Montgomery, Roberta Ann Montgomery, Board of County Commissioners of Cleveland County and Jim Reynolds, Cleveland County Treasurer on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by the Defendants by condemnation for the construction of a private pipeline.

... More...
   $0 (01-07-2016 - ok)

State Of Wisconsin v. Peterson

These cases arise from a John Doe proceeding originally initiated in Milwaukee County, and subsequently expanded to four additional counties, Iowa County, Dodge County, Dane County, and Columbia County. Though not consolidated, these proceedings have been overseen by a single John Doe judge and organized by a single special prosecutor (Francis Schmitz). For the sake of clarity, we will refer to al... More...   $0 (01-03-2016 - WI)

Bohannon v. State Of Alabama

The appellant, Jerry Bohannon, appeals his convictions for two counts of murder defined as capital by § 13A-5-40(a)(10), Ala. Code 1975, because Anthony Harvey and Jerry DuBoise were murdered by one act or pursuant to one scheme or Page 2 course of conduct. The jury recommended, by a vote of 11 to 1, that Bohannon be sentenced to death. The circuit court followed the jury's recommendation and sen... More...   $0 (01-02-2016 - AL)

Husteel Co. v. United States

Following the filing of a petition by U.S. Steel, Maverick, and other domestic producers
of OCTG, Commerce initiated anAD investigation of OCTG from Koreaon July 22, 2013. See
Certain Oil Country Tubular Goods from India, the Republic of Korea, the Republic of the
Philippines, Saudi Arabia, Taiwan, Thailand, the Republic of Turkey, Ukraine, and the Socialist
Republic of Vietnam:... More...
   $0 (12-24-2015 - NY)

State of Oklahoma, ex rel. Department of Transportation v. Lamar Central Outdoor, LLC

Tulsa, OK - The State of Oklahoma, ex rel. Department of Transportation sued Lamar Central Outdoor, L.L.C. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Lamara for public use.

and states as follows:
1. This action is instituted in the name of the State of Oklahoma ex "rel.
Department of Transp... More...
   $230400 (12-22-2015 - OK)

Shelby County v. James Crews, et al.

This case involves competing claims over a small parcel of real property located near Shelby Farms in Shelby County, Tennessee. The property was formerly the site of an old railroad depot, and the County had possession of the property for many years preceding the commencement of this litigation. The County used the land as a parking lot for the nearby Shelby County Penal Farm. The AppelleesR... More...   $0 (12-17-2015 - TN)

State of Oklahoma ex rel, Department of Transportation v. Independent School District #1 of Rogers County Oklahoma

Claremore, OK - State of Oklahoma ex rel, Department of Transportation v. Independent School District #1 of Rogers County Oklahoma on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in land owned by the Defendant.

PETITION
COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation (the “Plaintiff), and for its cause... More...
   $64500 (12-14-2015 - )

Sharif Mobley v. CIA, et al.

Mobley, a United States citizen, Cmpt. ¶ 3, has been detained in Yemen since January 26, 2010. According to one of his attorneys, he was abducted from the streets of Sana’a, Yemen’s capital city, by eight armed men who forced him into a van, shooting him twice in the process. Decl. Cori A. Crider, ¶¶ 1, 8–16 (July 21, 2010). Mobley had lived in Sana’a with his family since 2008, but in January ... More...   $0 (12-10-2015 - NY)

THADDEUS J. NORTH, et al. v. SMARSH, INC., et al.,

Mr. North is a resident of Connecticut. From February 2008 to August 2011, Mr.
North was the Chief Compliance Officer of Southridge Investment Group, LLC (Southridge).
In 2010, FINRA began investigating Southridge because of certain improprieties concerning the
owner’s management of a hedge fund and an alleged business relationship between LK, a broker
registered with Southr... More...
   $0 (12-07-2015 - DC)

Expro Americas, LLC v. Eddie K. Walters, Sr. and H & H Welding, LLC

Expro Americas, LLC (“Expro”) filed a complaint in the Chancery Court of the First
Judicial District of Jones County, seeking, inter alia, a temporary restraining order and
applying for a preliminary injunction against Eddie Walters, a former Expro employee, and
H&H Welding, LLC (“H&H”). After conducting an evidentiary hearing, the chancellor
dissolved the temporary restraining or... More...
   $0 (12-06-2015 - MS)

City of Tulsa v. Square 1 Real Estate, L.L.C.

Tulsa, OK - The City of Tulsa sued Square 1 Real Estate, L.L.C. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendant to use for public purposes.

The Commissioners appointed by the Court awarded the Defendant $16,280.00 in damages.

... More...
   $16280 (12-04-2015 - OK)

Canonsburg General Hospital v. Sylvia Mathews Burwell

Through the Centers for Medicare and Medicaid Services (CMS), the Secretary provides for the reimbursement of the reasonable costs of healthcare services for Medicare beneficiaries. See 42 U.S.C. § 1395f(b)(1)(A). Two aspects of the reimbursement scheme are relevant here. The first is the system for managing the costs of reimbursement. Healthcare providers submit requests for reimbursement for ... More...   $0 (12-04-2015 - DC)

United States of America v. Gilberto Valle

This is a case about the line between fantasy and criminal
intent. Although it is increasingly challenging to identify that line in
the Internet age, it still exists and it must be rationally discernible in
order to ensure that “a person’s inclinations and fantasies are his
own and beyond the reach of the government.” Jacobson v. United
States, 503 U.S. 540, 551–52 (1992). We a... More...
   $0 (12-04-2015 - NY)

RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court,
counsel for RBC emphasized that RBC “intentionally made appellate arguments that do
not require this Court to review findings of fact.” Although RBC has chosen to avoid any
direct and specific challenge to the facts as found by the trial court, this Court,
nevertheless, has examined the appellate... More...
   $0 (12-01-2015 - DE)

Toghill v. Commonwealth Of Virginia

Adam Darrick Toghill (Toghill), an adult, engaged in an email exchange with a law enforcement officer posing as a minor wherein Toghill proposed that the two engage in oral sex. Subsequently, Toghill was indicted on charges of Internet solicitation of a minor in violation of Code § 18.2–374.3. The Circuit Court of Louisa County and both parties agreed that Toghill was accused of soliciting oral se... More...   $0 (11-29-2015 - VA)

Jerry Bohannon v. State Of Alabama

The appellant, Jerry Bohannon, appeals his convictions for two counts of murder defined as capital by § 13A-5-40(a)(10), Ala. Code 1975, because Anthony Harvey and Jerry DuBoise were murdered by one act or pursuant to one scheme or

Page 2

course of conduct. The jury recommended, by a vote of 11 to 1, that Bohannon be sentenced to death. The circuit court followed the jury's rec... More...
   $0 (11-29-2015 - AL)

United States of America v. MWI Corporation

The United States successfully brought a civil action pursuant to the False Claims Act (“FCA”), 31 U.S.C. § 3729, based on certifications by MWI Corp. to the Export-Import Bank (“the Bank”) to secure loans financing MWI’s sale of water pumps to Nigeria. Although the total loan of $74.3 million was to Nigeria, the Bank required MWI to certify that it had paid only “regular commissions” to the sal... More...   $0 (11-24-2015 - DC)

State of Oklahoma, ex rel. Oklahoma Department of Transportation v. Kenneth E. Brashear, et al.

Claremore, OK - The State of Oklahoma, ex rel. Oklahoma Department of Transportation sued Kenneth E. Brashear, et al. on eminent domain theories seeking to condemn certain rights, title and interest in real property owned by the Defendants for public use.

COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation (the “Plaintiff’), and for its cause of action against... More...
   $0 (11-23-2015 - OK)

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AK Morlan
Kent Morlan, Esq.
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