Eminent Domain Law
 
In the Interest of J.R. and T.R.

Appellant father (“Father”) and appellant mother (“Mother”) separately appeal the trial court’s order terminating their parental rights to their children, J.R. and T.R. On appeal, neither Father nor Mother challenge the sufficiency of the evidence to support the trial court’s findings under section 161.001(1) of the Texas Family Code. Rather, Father raises a single issue contending his... More...   $0 (05-06-2015 - TX)

The People ex rel. California Department of Transporation v. Hansen's Truck Stop, Inc., et al.

In eminent domain actions, the law directs the parties to exchange formal settlement proposals prior to trial. (Code of Civ. Proc., § 1250.410, subd. (a).)1 If, after trial, the property owner’s statutory demand for compensation is found to be reasonable and the condemning agency’s statutory offer unreasonable, then the property owner is entitled to recover litigation expenses. (§ 1250.410, ... More...   $0 (04-24-2015 - CA)

Aaron Powell v. Steve Tompkins

Petitioner Aaron Powell was
convicted on several state charges including unlawful possession of
a loaded firearm, see Mass. Gen. Laws ch. 269, §§ 10(a), (h), (n),
and his convictions were affirmed by the Massachusetts Supreme
Judicial Court (SJC), see Commonwealth v. Powell, 946 N.E.2d 114
(Mass. 2011). Powell then sought federal habeas relief pursuant to
28 U.S.C. § 225... More...
   $0 (04-15-2015 - MA)

United States of America v. Milos Vujanic

DALLAS, TX — Milos Vujanic, 34, who was convicted for his role in what U.S. District Judge Sidney A. Fitzwater previously called “a massive, complicated, multi-year scheme to defraud a large number of victims,” was sentenced this week to 48 months in federal prison and ordered to pay approximately $17.3 million in restitution. Acting U.S. Attorney John Parker, of the Northern District of Tex... More...   $0 (04-01-2015 - TX)

Osama Abdullatif v. Erpile, LLC and Ali Choudhri

In this appeal from the judgment of a Harris County civil court at law, no
one challenges the trial court’s judgment regarding the original plaintiff’s claim
against the original defendant. Instead, the defendant argues that the trial court
lacked subject-matter jurisdiction over the intervenor’s claims. We agree. We
additionally conclude that the trial court lacked subject-m... More...
   $0 (03-12-2015 - TX)

State of Idaho, Department of Transportation v. HJ Grathol

HJ Grathol (“Grathol”) appeals the Kootenai County district court’s judgment awarding Grathol $675,000 in just compensation from the Idaho Transportation Department (“ITD”). This eminent domain case arose when ITD acted to condemn 16.314 acres to improve U.S. Highway 95 (“U.S. 95”). Those 16.314 acres were part of 56.8 acres that Grathol owned in Athol, Idaho.
2
After a bench... More...
   $0 (02-11-2015 - ID)

State of Oregon v. Gregory James Tegland

Defendant appeals a judgment of conviction for one
count of possession of methamphetamine, ORS 475.894,
and one count of erecting a structure on a public right of
way, in violation of Portland City Code (PCC) 14A.50.050.
He assigns error to the trial court’s denial of his motion to
suppress evidence found after a police officer lifted a tarp to
defendant’s makeshift she... More...
   $0 (02-11-2015 - OR)

Linda Vista Village San Diego Homeowners Association, Inc. v. Tecolote Investors, LLC

This matter comes to us on a judgment of dismissal of a complaint for declaratory and other relief, brought by plaintiff and appellant Linda Vista Village San Diego Homeowners Association, Inc. (Appellant). Its members are sublessees of mobilehome park lots on a real property site (the park site) that is subject to a 1979 master lease between the landowner defendant and respondent, the City of San... More...   $0 (02-09-2015 - CA)

The People v. Victoria Samantha Cook

When a defendant is convicted of a crime, the sentence for that crime may sometimes be enhanced if the defendant “personally inflicts great bodily injury on any person.” (Pen. Code, § 12022.7, subd. (a).)1 Defendant was convicted of three counts of gross vehicular manslaughter. We must decide whether the sentence for the gross vehicular manslaughter of one victim may be enhanced for defendant... More...   $0 (02-05-2015 - OK)

City of Coweta v. Scott Thomas Bauman, et al.

Wagoner, OK - City of Coweta v. Scott Thomas Bauman, et al.

1. CONDEMNATION

Docket
Date Code Description Count Party Amount
01-29-2015

PETITION ($10,001 OR MORE)

Document Available at Court Clerk's Office
$ 163.00
(Entry with fee only) $ 6.00
(Entry with fee only) $ 2.00


OKLAHOMA COURT INFORMATION ... More...
   $0 (01-29-2015 - OK)

City of Coweta v. Charles Randall, et al.

Wagoner, OK - City of Coweta v. Charles Randall, et al.

1. CONDEMNATION

Docket
Date Code Description Count Party Amount
01-29-2015

PETITION ($10,001 OR MORE) EMINENT DOMAIN

Document Available at Court Clerk's Office
$ 163.00
(Entry with fee only) $ 6.00
(Entry with fee only) $ 2.00


OKLAHOMA COURT I... More...
   $0 (01-29-2015 - OK)

Harry M. Whittington, et al. v. City of Austin, et al.

The City elected to take property belonging to the Whittingtons. As part of the process,
the City paid a deposit into the registry of the trial court, and the deposit was later placed in an
investment account with the permission of the parties. After the supreme court determined that the
condemnation of the property was proper, the district court awarded the investment income to theMore...
   $0 (01-29-2015 - TX)

Flying "A" Ranch, Inc. v. County Commissioners of Fremont County

This appeal comes before this Court upon judicial review of an action by the Board of County Commissioners for Fremont County (the Board). The Board adopted an Official Fremont County Road Map (the Map) pursuant to Idaho Code section 40-202. The Map depicted the North Road as a county road. Property owners along the North Road petitioned for judicial review. The district court determined the Board... More...   $0 (01-23-2015 - ID)

Robert Hemingway v. Construction by Design Corporation

¶1 Robert and Denise Hemingway appeal from the grant of summary judgment in favor of Clavell T. Anderson and his company, Construction By Design Corporation (collectively,
Hemingway v. Construction By Design Corporation
20130955-CA 2 2015 UT App 10
Anderson).1 The Hemingways claim that the district court improperly interpreted a damages waiver in a construction contract to preclude th... More...
   $0 (01-15-2015 - UT)

Maine Medical Center v. Sylvia M. Burwell, Secretary, U.S. Department of Health and Human Services

Maine Medical Center ("Maine
Medical") challenges a district court ruling upholding the decision
of the Secretary for the Department of Health and Human Services
("HHS") denying Maine Medical's claim for partial federal
reimbursement of "bad debt" for two fiscal years. Maine Med. Ctr.
v. Sebelius, No. 2:13-CV-00118-JAW, 2014 WL 1234173, at *1 (D. Me.
Mar. 25, 2014). A "bad ... More...
   $0 (01-05-2015 - ME)

Clifford Charles Tyler v. Hillsdale County Sheriff's Department

This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment.

Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotiona... More...
   $0 (12-26-2014 - MI)

In the Matter of the Marriage of David M. Traster and Debra C. Traster

This appeal challenges the district court's property division in a divorce case. Our focus is on a document entitled "Post-Nupt[i]al Agreement Dissolution of the Marriage," which the attorney-husband drafted during the marriage, reserving most of the assets for the wife. Husband now claims the agreement is void because of the lopsided property division, even though the agreement explicitly states ... More...   $0 (12-19-2014 - KS)

United States of America v. Ryan Ahidjou “Bo” Scott

PORTLAND, OR – Ryan Ahidjou “Bo” Scott, 34, of Lake Oswego, Oregon, was sentenced by Honorable Ancer L. Haggerty to 96 months in prison following his convictions for conspiracy to distribute controlled substances and conspiracy to commit money laundering. The convictions stemmed from his role in leading an international drug-trafficking organization responsible for distributing over $5 mill... More...   $0 (12-17-2014 - OR)

Michelle Kosilek v. Luis S. Spencer

This case involves important
issues that arise under the Eighth Amendment to the U.S.
Constitution. We are asked to determine whether the district court
erred in concluding that the Massachusetts Department of Correction
("DOC") has violated the Cruel and Unusual Punishment Clause of the
Eighth Amendment by providing allegedly inadequate medical care to
prisoner Michelle Ko... More...
   $0 (12-16-2014 - MA)

South Kingstown School Committee v. Joanna S.

The Individuals with Disabilities
Education Act, or IDEA, 20 U.S.C. § 1400 et seq., is a landmark
federal statute now twenty-five years old. It offers federal funds
to states that agree to provide protections to make sure disabled
children receive a "free appropriate public education." Id.
§ 1412(1). Rhode Island, where this case arose, accepted IDEA
funding and thus agre... More...
   $0 (12-09-2014 - RI)

TFO Realty, L.L.C. v. Philip S. Smith

This is a suit to recover a broker’s commission following the sale of a property to the City of Dallas. TFO Realty, LLC appeals from adverse summary judgment rulings. In a single issue, TFO Realty argues the trial court erred by denying its motion for summary judgment and by granting the summary judgment motion filed by Philip S. Smith. We affirm the trial court’s judgment.
The facts of th... More...
   $0 (12-03-2014 - TX)

The People v. Wenonah Karen Parker

In 2000, defendant and appellant Wenonah Karen Parker was found guilty, but
not guilty of various crimes by reason of insanity. (Pen. Code, § 1026.)1 Defendant
was committed to Patton State Hospital (Patton). In 2011, the trial court granted
defendant outpatient status. (§ 1026.2.) The outpatient agencies refused to accept
defendant due to her behavior and mental condition. As a ... More...
   $0 (12-02-2014 - CA)

United Food and Commercial Workers Union Local 880 v. Chesapeake Energy Corporation

In 2008 Chesapeake Energy Corporation was one of the largest producers of
natural gas in the United States, with thousands of wells in several states. By early July
of that year the price of natural gas had risen to its highest level since the end of 2005 and
Chesapeake’s stock price had risen about 50% in the prior six months. Against that
background, on July 9, 2008, Chesapeake... More...
   $0 (11-12-2014 - ok)

William E. Bolden v. John and Jane Doe

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...   $0 (11-04-2014 - UT)

Anthony Aulisio, Jr. v. Bill Bancroft

Anthony Aulisio, Jr., appeals from a jury verdict that found defendants, consisting of his homeowner association’s management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employed (BLB Enterprises, Inc., dba Patrol One, and Bill Bancroft), and a towing company (PD Transport, dba Southside Towing, and John Vach), did not wrongfully tow and convert his... More...   $0 (10-30-2014 - CA)

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