Eminent Domain Law
 
The City of Oklahoma City v. Jerry Hovarter and Stacey Hovarter

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the
Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Ok... More...
   $0 (02-20-2014 - OK)

Skirvin Partners, Inc. Development LLC v. Skirvin Partners, LLC and Marcus Skirvin, Inc.

COMES NOW the Plaintiff, Skirvin Partners in Development, LLC, and for its claims against Defendant, Marcus Skirvin, Inc., alleges and states as follows:

PARTIES

I. Plaintiff, Skirvin Partners in Development, LLC (“SPID”), is a limited liability company, organized and existing under the laws of the State of Oklahoma, with its principal place of business in Oklahoma City, Okla... More...
   $0 (02-18-2014 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Lloyd E. Cole, Jr. Revocable Trust, Lloyd E. Cole, Jr. Trustee and Adair County Treasurer

The State of Oklahoma, ex rel. Department of Transportation sued Lloyd E. Cole, Jr. Revocable Trust, Lloyd E. Cole, Jr. Trustee and Adair County Treasurer on an eminent domain theory seeking to acquire by condemnation certain, rights, title and interests in real property owned by the Defendants for public use.

COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation ... More...
   $0 (02-11-2014 - OK)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT)
condemned property belonging to Walker Development
Partnership. After nearly twenty years of litigation between UDOT
and Walker, UDOT moved to exclude evidence that it took
property not identified in the 1992 Condemnation Resolution. The
district court granted UDOT’s motion to exclude. We affirm.
UDOT v. Walker Dev... More...
   $0 (02-06-2014 - UT)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT) condemned property belonging to Walker Development Partnership. After nearly twenty years of litigation between UDOT and Walker, UDOT moved to exclude evidence that it took property not identified in the 1992 Condemnation Resolution. The district court granted UDOT’s motion to exclude. We affirm.

UDOT v. Walker Development

2... More...
   $0 (02-06-2014 - UT)

Robert C. Bonnet v. Harvest (US) Holdings, Inc.

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suit” against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of th... More...   $0 (01-28-2014 - UT)

Tobin J. Mueller v. Rich Raemisch, Secretary of Wisconsin Department of Corrections

Before us are cross‐appeals in a case in which two convicted sex offenders challenge aspects of Wisconsin’s statutory scheme of sex offender registration, notification, and monitoring as violating the prohibition in Article I, section 10 of the federal Constitution against states’ enacting ex post facto laws, that is, retroactive criminal punishments. The scheme, which we’ll call the monit... More...   $0 (01-24-2014 - WI)

Ronita McColley v. County of Rensselaer

The County of Rensselaer (“Rensselaer”) and Rensselaer County Drug &
Gang Task Force (“Task Force”) Investigator, Michael Riley (“Riley”), appeal
from a judgment of the United States District Court for the Northern District of

2

New York (Lawrence Kahn, J.) denying summary judgment on their claims of
qualified immunity for purported violations of the Fourt... More...
   $0 (01-24-2014 - NY)

Welco Electronics, Inc. v. Nicholas J. Mora

Defendant Nicholas J. Mora appeals from a judgment in favor of plaintiff Welco Electronics, Inc., and against defendant, on plaintiff’s claim for conversion, and against defendant and in favor of plaintiff on defendant’s cross-complaint. Defendant contends the trial court erred in denying his motion for nonsuit based on the ground of insufficient evidence to support the plaintiff’s cause of ... More...   $0 (01-23-2014 - CA)

Ronita McColley v. County of Rensselaer

The County of Rensselaer (“Rensselaer”) and Rensselaer County Drug &
Gang Task Force (“Task Force”) Investigator, Michael Riley (“Riley”), appeal
from a judgment of the United States District Court for the Northern District of

2

New York (Lawrence Kahn, J.) denying summary judgment on their claims of
qualified immunity for purported violations of the Fourt... More...
   $0 (01-22-2014 - NY)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton-Levin (Wife) appeals a trial court order reducing, and eventually terminating, her alimony based on a finding of cohabitation. We affirm.

Levin v. Carlton-Levin

2. Wife challenged the amount of alimony and other aspects of the divorce decree in a prior appeal. See Levin v. Carlton, 2009 UT App 170, 213 P.3d 884. We affirmed and awarded Husband attorney fees incurr... More...
   $0 (01-16-2014 - UT)

City of Bixby v. Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer

City of Bixby sued Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title and interest in real property owned by the Judds for public use.

The Pre-Trail Order entered by the court for this case provided, in part, as follows:

Condenmation proceeding wherein Plaintiff is taking 6.0 acres plus improvem... More...
   $225000 (01-10-2014 - OK)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton-Levin (Wife) appeals a trial court order
reducing, and eventually terminating, her alimony based on a
finding of cohabitation. We affirm.
Levin v. Carlton-Levin
2. Wife challenged the amount of alimony and other aspects of the
divorce decree in a prior appeal. See Levin v. Carlton, 2009 UT App
170, 213 P.3d 884. We affirmed and awarded Husband attorney f... More...
   $0 (01-09-2014 - UT)

United States ex rel. Kurt Bunk v. Gosselin World Wide Moving, N.V.

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...   $0 (01-08-2014 - NJ)

City of Gulfport v. Dedeaux Utility

The City of Gulfport sued Dedeaux Utility on an eminent domain theory seeking to acquire by condemnation the business assets of Defendant's utility company after the annexation by the City of the Orange Grove area.

... More...
   $8060000 (12-28-2013 - MI)

Benjamin Joffe v. Google, Inc.

In the course of capturing its Street View photographs, Google collected data from unencrypted Wi-Fi networks. Google publicly apologized, but plaintiffs brought suit under federal and state law, including the Wiretap Act, 18 U.S.C. § 2511. Google argues that its data collection did not violate

JOFFE V. GOOGLE, INC. 5

the Act because data transmitted over a Wi-Fi network is an “el... More...
   $0 (12-27-2013 - CA)

Oklahoma Gas and Electric Company, a domestic corporation v. Theodore C. Harvey and Bobbie J. Harvey, husband and wife; the Virginia Harvey Living Trust, Virginia Harvey, Trustee; annd Kathy Holloway Ellis County Treasurer; and the Board of County Commissioners of Ellis County, a body corporate and politic.

Oklahoma Gas and Electric Company, a domestic corporation sued Theodore C. Harvey and Bobbie J. Harvey, husband and wife; the Virginia Harvey Living Trust, Virginia Harvey, Trustee; annd Kathy Holloway Ellis County Treasurer; and the Board of County Commissioners of Ellis County, a body corporate and politic on eminent domain theories seeking to acquire by condemnation certain rights, title and in... More...   $1400 (12-17-2013 - OK)

The City of Oklahoma City v. Grant G. Wilson

The City of Oklahoma City sued Grant G. Wilson on an eminent domain theory claiming to acquire by condemnation certain rights, title and interests in real property owned by Defendant for public use.

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma and its authorized C... More...
   $8300 (12-13-2013 - OK)

Oncor Electric Delivery Company, LLC v. Carl H. Brockriede

These are consolidated permissive interlocutory appeals arising from eminent domain proceedings. In three issues, Oncor Electric Delivery Company, LLC contends that a trial court properly complies with section 21.049 of the property code by sending notice of a special commissioner’s award solely to a party and not the party’s attorney, even if the party is represented by counsel and that fact ... More...   $0 (12-12-2013 - TX)

Lorraine White v. City of Elk River

1. A municipality may terminate a nonconforming use of land in accordance with Minn. Stat. § 462.357, subds. 1d-1e (2012) or Minn. Stat. § 465.01 (2012). But a

2

municipality lacks the authority to terminate a nonconforming use by requiring the property owner to obtain a conditional-use permit to continue the use and then revoking the conditional-use permit. Respondent therefore la... More...
   $0 (12-04-2013 - MN)

Independent School District No. 5 v. Patrick Taylor

Tulsa County, Oklahoma Independent School District No. 5 sued Patrick Taylor on an eminent domain theory seeking to obtain by condemnation certain rights, title and interests from Mr. Taylor and his wife for public use.

The Plaintiff, which is a public school district, initiated this lawsuit to condemn an approximately 12.7 acre tract of land owned by the landowners. The land is located ... More...
   $3100000 (12-02-2013 - OK)

Michael Michalski v. Scripps Mercy Hospital

This action arises out of the denial of medical staff membership and surgical privileges to the plaintiff Michael Michalski, M.D., at three Scripps Health hospitals after Dr. Michalski was found by the Scripps Judicial Review Committee (JRC), Scripps Health Board of Trustees (Board), and the Medical Board of California (Medical Board)

2

to have committed acts of sexual harassment aga... More...
   $0 (12-01-2013 - CA)

The County of Dakota v. George W. Cameron, IV

The legal questions presented by this case relate to the operation of Minnesota’s minimum-compensation statute, Minn. Stat. § 117.187 (2012), which provides a mechanism for compensating property owners who “must relocate” following the condemnation of their real property. Appellant George W. Cameron, IV, who had his

3

commercial property taken by respondent County of Dakota (... More...
   $0 (11-27-2013 - MN)

Carmen L. Lopez v. Board of Education of the City of Bridgeport, et al.

An action seeking a writ of quo warranto
provides a ‘‘limited and extraordinary remedy’’
that is the ‘‘exclusive’’ avenue under both the common
law and General Statutes § 52-4911 for judicial review of,
inter alia, a person’s qualifications to hold a particular
public office. (Internal quotation marks omitted.) Bateson
v. Weddle, 306 Conn. 1, 10–11, 48 ... More...
   $0 (11-26-2013 - CT)

Wanda Goodpaster v. City of Indianapolis

Appellants, who own bars in Indianapolis-Marion County, Indiana, filed suit seeking injunctive and declaratory relief against enforcement of the

2 No. 13-1629

2012 Indianapolis-Marion County smoking ordinance. The district court denied the bar owners’ motion for a preliminary and permanent injunction and entered judgment in favor of the City. The bar owners now appeal.

I. BA... More...
   $0 (11-25-2013 - IN)

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