Eminent Domain Law
 
Zulema Bonner-Turner v. City of Ecorse

Shortly after his arrest, Alphonso Turner hanged himself in an Ecorse, Michigan jail
using a shoelace that normally would have been taken from him during booking for his safety.
His widow, as the personal representative of Turner’s estate and in her individual capacity,
alleges in her complaint that city police officers were deliberately indifferent to Turner’s risk of
suicide and ... More...
   $0 (09-16-2015 - MI)

Regional Transportation District v. 750 West 48th Ave., LLC.

In 2011, Regional Transportation District (“RTD”) filed a petition in
condemnation against 750 West 48th Ave., LLC (“Landowner”) to acquire the
approximately 1.6-acre property for development of the Gold Line light rail project
being constructed between Union Station and Arvada. Landowner was leasing the
property to a commercial waterproofing business (“Tenant”).1 Over the ye... More...
   $0 (09-14-2015 - CO)

Santa Clarita Organization etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).)
The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s Ann. W... More...
   $0 (09-11-2015 - CA)

Kahn v. The Dewey Group

Kahn filed the present action on February 3, 2011, and filed the operative second amended complaint on August 15, 2011. The second amended complaint alleged that from 1996 to 2011, Kahn was a resident of a mobile home park located in San Fernando, California. Sometime prior to 1996, defendants and their predecessors-in-interest had used the land on which the mobile home park sat as an industrial... More...   $0 (09-09-2015 - CA)

Collier v. Harris

Korpi is an education activist involved in the politics of the Capistrano Unified School District (District). Although he does not hold a leadership position, he volunteers his time with Capistrano Unified Children First (Children First), a nonprofit organization dedicated to improving the quality of education in the District. Korpi was a vocal supporter of certain candidates during a recall ele... More...   $0 (09-02-2015 - CA)

State of Oklahoma, ex rel. Department of Transportation v. Leonard Grahm a/k/a Leonard Thomas Graham and Linda C. Graham

Oklahoma City, OK - The State of Oklahoma, ex rel. Department of Transportation sued Leonard Grahm a/k/a Leonard Thomas Graham and Linda C. Graham, The George Earl Graham Trust, dated March 15, 2005, Joi Beasley, Trustee of the George Earl Graham TRust and the Oklahoma Board of County Commissioners on eminent domain theories claiming:

1. This action is instituted in the name of the State ... More...
   $0 (09-01-2015 - OK)

Kansas City Power & Light Co. v. Strong

In January 2012, Kansas City Power & Light Company (KCPL) condemned a power line easement bisecting two tracts of undeveloped agricultural land in southern Johnson County. The land was owned by the trusts for Daniel and Evelyn Strong (the Strongs). The easement occupied approximately 12 out of a combined 460 acres. Court-appointed appraisers awarded the Strongs $96,465 in damages. The Strongs ap... More...   $0 (08-31-2015 - KS)

Donald E. Eno v. Sally Jewell

The Equal Access to Justice Act (“EAJA”) “departs from
the general rule that each party to a lawsuit pays his or her
own legal fees.” Scarborough v. Principi, 541 U.S. 401, 404
(2004). The EAJA entitles those who prevail on a legal claim
against the U.S. government to an award of fees and costs,
but only if they prevail in adversary adjudications.
Specifically excluded from... More...
   $0 (08-27-2015 - CA)

STATE OF MONTANA v. WYJOSHUA WAYNE STRONG

In August2012, Strong was charged with four counts of partner or family member
assault against his wife, Jessica, and their minor child. Strong pleaded guilty to two
misdemeanor charges of partner or family member assault and one felony charge of
partner or family member assault. He was incarcerated at the Dawson County Detention
Center pending sentencing. On August 10, Jess... More...
   $0 (08-26-2015 - MT)

APPALACHIAN LAND COMPANY v. EQT PRODUCTION COMPANY

The extraction of natural gas is a capital intensive process involving
various technologies and extraction methods. After extraction, the gas is
cleaned, stored, and subsequently transported to other sites through various
pipelines. Often after additional cleaning, refining, and processing, the gas is
eventually sold at a hub location. The severance tax is remitted at this poin... More...
   $0 (08-20-2015 - KY)

Salvador Reza v. Russell Pearce

In this § 1983 action, Salvador Reza alleges that Arizona
State Senator Russell Pearce violated his constitutional rights
when he ordered Reza removed, and barred, from the Arizona
Senate building (the Building) at the state capital. Reza
contends that Senator Pearce targeted him because of his
public criticism of the senator, and because of Reza’s
Mexican heritage. Senator... More...
   $0 (08-18-2015 - AZ)

Netsphere, Inc., et al v. Jeffrey Baron

As a general rule, the courts of appeals have jurisdiction only over the final decisions of the district courts. There are certain exceptions and qualifications to that principle, however. In this case we must decide whether any of them allow us to review several district court orders which, pursuant to the mandate of an earlier decision of our court, awarded fees to a receiver before final judg... More...   $0 (08-15-2015 - TX)

Detroit Free Press, Inc. v. United States Department of Justice

Detroit Free Press v. United States Department of Justice, 73 F.3d 93
(1996) (Free Press I), held that the Freedom of Information Act requires government agencies to
>
14-1670 Detroit Free Press, Inc. v. USDOJ Page 2
honor requests for the booking photographs of criminal defendants who have appeared in court
during ongoing proceedings. Despite that holding, the United States Ma... More...
   $0 (08-12-2015 - MI)

United States of America v. Matthew Norman Simpson

Our court previously remanded this case to the district court after reversing one of Matthew Simpson’s convictions.1 Simpson was resentenced and now appeals that sentence on several grounds, asserting, among other claims, that 18 U.S.C. § 3581(b)(3) imposes a statutory maximum sentence of twelve years for a Class C felony and that the district court accordingly erred in imposing 240 months of impr... More...   $0 (08-12-2015 - TX)

Edwin Aguero Jimenez v. Dole Food Company, Inc.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in other fede... More...   $0 (08-11-2015 - DE)

TOBIAS BERMUDEZ CHAVEZ, et al., v. DOLE FOOD COMPANY, INC., et al.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction,
7
the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previousl... More...
   $0 (08-11-2015 - PA)

Enbridge G & P (East Texas) L.P. v. Ben Samford and wife Bette Ann Samford, Cecil Jackson and wife Michelle Jackson and Sammy Monk

This is a condemnation case involving three tracts of land with separate ownership. Enbridge G & P (East Texas) L.P. appeals an award of damages in favor of the landowner condemnees, Ben Samford and wife, Bette Ann Samford; Cecil Jackson and wife, Michele Jackson; and Sammy Monk. In six issues, Enbridge complains of charge error and the failure of the trial court to exclude inadmissible damage tes... More...   $0 (07-31-2015 - TX)

JOANNE NEALE v. VOLVO CARS OF NORTH AMERICA, LLC; VOLVO CAR CORPORATION

Plaintiffs-Appellees Joanne Neale, Keri Hay, Kelly McGary, Svein Berg, Gregory Burns, David Taft, Jeffrey Kruger, and Karen Collopy (collectively “Plaintiffs”) filed suit on behalf of themselves and a nationwide class of current and former Volvo vehicle owners and lessees. Plaintiffs allege that a uniform design defect exists in the sunroof drainage systems in the following vehicles sold and leas... More...   $0 (07-23-2015 - )

Joanne Neale v. Volvo Cars of North America, L.L.C.

This appeal involves a putative class action brought by consumers from six states alleging that Appellants-Defendants Volvo Cars of North America, LLC and Volvo
4
Car Corporation (collectively “Volvo”) sold certain vehicles with defective sunroof drainage systems. Volvo challenges the grant of class certification by the U.S. District Court for the District of New Jersey. For the reasons th... More...
   $0 (07-22-2015 - NJ)

CASTAIC LAKE WATER AGENCY v. NEWHALL COUNTY WATER DISTRICT et al.,

On March 8, 2013, Newhall posted a “Notice and Agenda of Regular Meeting of the Board of Directors of Newhall County Water District,” notifying the public that the Newhall Board planned to hold a regular meeting on March 14, 2013. The March 8, 2013 notice and agenda, inter alia, contained Item H, which provided: “CLOSED SESSION [¶] 1. Conference with Legal Counsel pursuant to Government Code ... More...   $0 (07-22-2015 - CA)

Leroy Haeger v. The Goodyear Tire & Rubber Company

On November 8, 2012, after a six-hour evidentiary
hearing, and after considering the record in the case and
fifteen briefs filed by the potentially-sanctionable parties,
then-Chief United States District Judge Roslyn O. Silver, of
the United States District Court for the District of Arizona,
handed down a sixty-six-page order (Order) imposing
sanctions ultimately calculated... More...
   $0 (07-20-2015 - CA)

Peter Nalasco v. Buckman, Buckman & Reid, Inc.

This is an appeal from a $22,000 attorney’s fee judgment in favor of the prevailing parties in a securities arbitration case. Counsel for the prevailing parties sought fees in the neighborhood of $300,000. The prevailing parties have appealed, arguing, among other things, that the findings in the judgment are inadequate. We agree and thus reverse the fee judgment, for this reason and for others, a... More...   $0 (07-15-2015 - FL)

In the Interest of L.L.W., S.Y.W. and L.D.L., children

Appellant mother (“Mother”) appeals from a trial court’s order terminating her parental rights. The Texas Department of Family and Protective Services (“the Department”) moved to terminate Mother’s parental rights on numerous grounds. See TEX. FAM. CODE ANN. §§ 161.001(A)–(G), (I)–(K), (N)–(R), 161.003 (West 2014). After a hearing, the trial court found Mother’s parental rights should be terminate... More...   $0 (07-15-2015 - TX)

EOG Resources, Inc. v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway

Soo Line Railroad Company and G-4, LLC appeal from a summary judgment declaring Soo Line does not own an interest in the minerals in and under certain Mountrail County property and G-4 does not hold a valid leasehold interest in the property. Soo Line and G-4 argue the district court erred in finding seven private deeds conveyed only easements and not a fee simple title to Soo Line's predecessor-i... More...   $0 (07-15-2015 - )

DELMER SMITH vs. STATE OF FLORIDA

On the afternoon of August 3, 2009, Kathleen Briles was accosted outside of
her home in Manatee County, after returning from grocery shopping. Briles was
then dragged inside her home, where she was bound, gagged, and beaten to death
with her own antique twenty-three-pound cast iron sewing machine. Numerous
items were stolen from the home.
The victim’s husband, Dr. James... More...
   $0 (07-09-2015 - )

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher