Eminent Domain Law
 
Patriotic Veterans, Inc. v. State of Indiana

Legislators in the State of Indiana believe that the bulk of its citizens find automated telephone messages to be an annoyance, and one worthy of government protection. These types of telephone calls are made by

2 No. 11‐3265

an automatic dialing‐announcing device that (according to Indiana’s definition) selects and dials telephone numbers and disseminates a prerecorded or synt... More...
   $0 (11-21-2013 - IN)

United States of America v. 515 Granby, LLC

Appellants 515 Granby, LLC (“Granby”) and Marathon Development Group, Inc. (“Marathon”) appeal the district court’s denial of attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, after prevailing against the United States on the issue of just compensation in a condemnation proceeding. The EAJA provides that a party who prevails in litigation against th... More...   $0 (11-21-2013 - VA)

City of Tulsa v. David Dean Dobson

The City of Tulsa sued David Dean Dobson, Sharon Kay Dobson, Fern Maxine Sunderland, Cellco Partnership, DBA Verizon Wireless, et al. on an eminent domain theories seeking to acquire certain rights, title and interests in real property owned by Defendants for public purposes.

1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and... More...
   $39000 (11-04-2013 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Bason Company

State of Oklahoma, ex rel. Department of Transportation sued Bason Company on an eminent domain theory seeking to acquire certain rights, title and interests in real property for public purposes claiming:

1. This action is instituted in the name of the State of Oklahoma, ex rel. Department of Transportation, as authorized by and in accordance with 69 OkIa. Stat. 2001 §1 203.

2. ... More...
   $650 (11-04-2013 - OK)

American Civil Liberties Union of New Jersey v. Federal Bureau of Investigation, Department of Justice

This appeal concerns the Federal Bureau of Investigation’s (“FBI”) response to appellant American Civil Liberties Union’s (“ACLU”) request for information under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 (2009). The ACLU claims that the United States District Court for the District of New Jersey (“District Court”) erred in allowing the FBI to withhold 284 pages of... More...   $0 (10-29-2013 - NJ)

CAMERON COUNTY, TEXAS CARLOS H. CASCOS, SOPHIA BENAVIDES, JOHN WOOD, DAVID A. GARZA AND EDNA TAMAYO v. FRANK A. TOMPKINS, INDIVIDUALLY AND AS TRUSTEE, AND CAROLYN TOMPKINS YOUNG

Ownership of land that comprises a portion of Andy Bowie Park on South Padre Island is at issue in this lawsuit. Appellant Cameron County leased the land to a third party so that a hotel could be built on it. Appellees Frank A. Tompkins, individually and as Trustee, Carolyn Tompkins Young, Perry Tompkins, and Lawrence Young1 (collectively “the Tompkinses”) sued Cameron County, Cameron County J... More...   $0 (10-24-2013 - )

S.L. Wade v. D.T. Wade

S.L. Wade (“Mother”) petitions this Court for a writ of certiorari to review the trial court’s sua sponte order requiring her to: (1) submit to a psychological examination with a focus on anger control under Florida Rule of Civil Procedure 1.360 and Florida Family Law Rule of Procedure 12.360; and (2) participate in the parties’ oldest child’s therapy during her timesharing in Florida. F... More...   $0 (10-23-2013 - FL)

Kelly S. McCoy v. Louis Blake Danyeur

Kelly S. McCoy d/b/a MILSIMEVENT sued Louis Blake Danyeur, Milsimevent, LLC, John Pilkington, and American Milsim, LLC claiming:


1. Plaintiff, KELLY S. MCCOY individually and d!b/a MILSIMEVENT is a resident of Tulsa County, State of Oklahoma (hereafter referred to as “McCoy” or “Plaintiff’). At all times materials hereto McCoy has solely and exclusively operated MILSIMEVENT as a... More...
   $1 (10-21-2013 - OK)

DCP Southern Hills Pipeline, LLC v. Terry M. Kyle

DCP Southern Hills Pipeline, LLC sued Terry M. Kyle, Cynthia A. Birdsong, Richard P. Dulaney, William E. Schlitter and James C. Chander, co-executors of the Estate of L. Thomas Dulaney, deceased, and Richard P. Dulaney on eminent domain theories seeking to obtain right-of-way for a pipeline by condemnation claiming:

1. Plaintiff is a Delaware limited liability company, duly registered with ... More...
   $0 (10-12-2013 - OK)

Jasubhai K. Desai v. Raymond Booker

In 2001, a Michigan jury found Jasubhai Desai guilty of first-degree murder, and a Michigan trial court imposed a life sentence. The Michigan state courts affirmed the conviction. A federal district court granted Desai’s habeas petition on the ground that the admission of his co-defendant’s non-testimonial statement against interest violated the Due Process Clause of the Fourteenth Amendment. ... More...   $0 (10-09-2013 - MI)

Dwight Meddock v. County of Yolo

A Fremont cottonwood tree fell on plaintiff Dwight Meddock while he was in a paved parking lot located in a park along the Sacramento River owned by defendant County of Yolo (County). The trial court granted summary judgment against Meddock and his wife (collectively, Meddock) in their tort suit alleging a dangerous condition of public property, by applying a statutory immunity for injuries “cau... More...   $0 (10-03-2013 - CA)

Judith Romo v. TEVA Pharmaceuticals USA, Inc.

This case presents the issue of whether removal was proper under the “mass action” provision of the Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4 (2005), when plaintiffs moved for coordination pursuant to California Code of Civil Procedure section 404. CAFA authorizes federal removal for mass actions when “monetary relief claims of 100 or more persons are

... More...
   $0 (09-24-2013 - CA)

Ying Ji v. David Heide

¶ 1. ROBINSON, J. The question in this case is whether the trial court’s dismissal of plaintiff’s eviction action on account of her lawyer’s failure to attend a scheduled status conference can withstand a motion to set aside the judgment pursuant to Vermont Rule of Civil Procedure 60(b) given the facts of this case. We conclude that it cannot and reverse.

¶ 2. ... More...
   $0 (09-13-2013 - VT)

William M. Bishop and Pinnacle Potash International, Ltd v. E. Barger Miller, III and Reunion Potash Company

These cross appeals concern the alleged misappropriation of trade secrets relating to a process for mining potash in a particular area of Utah. In its appeal, Reunion Potash Company contends that the evidence is legally insufficient to sustain the jury’s finding that it misappropriated trade secrets belonging to William E. Bishop and Pinnacle Potash International, Ltd. In their cross appeal, Bis... More...   $0 (09-12-2013 - TX)

Tulsa Development Authority v. Precision Equity, LLC

The Tulsa Development Authority sued Precision Equity, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owed by Defendant for public purposes.

Mike Craddock, Jim Burton and Sheila Brunton appointed commissioners by the court who awarded the Defendant $600,000. ... More...
   $600000 (09-07-2013 - OK)

City of Sand Springs v. Blossom Day Care Centers

City of Sand Springs sued Blossom Day Care Centers on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Blossom Day Care Centers for public use.

The pre-trial order provided, in part:


Plaintiff filed this eminent domain action to obtain title to property needed for a roadway expansion. The issue for tria... More...
   $20000 (09-04-2013 - OK)

United States of America v. Q2Administrators, LLC

Relator Thomas M. Zizic, M.D. (“Zizic”) filed this qui tam1

______________

1 The term “qui tam” is an abbreviation of the phrase “‘qui tam pro domino rege quam pro se ipso in hac parte sequitur,’ which means ‘who pursues this action on our Lord the King’s behalf as well as his own.’” United States ex rel. Atkinson v. Pa. Shipbuilding Co., 473 F.3d 506, 509 n.1 (... More...
   $0 (08-26-2013 - PA)

Oklahoma Gas and Electric Company v. P & M Land Partners, LLC

Oklahoma Gas and Electric Company sued P & M Land Partners, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in and to real property owned by the Defendant claiming:

1. Oklahoma Gas and Electric Company (“OG&E”), a corporation, having been duly organized and incorporated under the laws of the State of Oklahoma, is authorized to condu... More...
   $0 (08-16-2013 - OK)

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu and Tzyy-Wen-Hzy v. City of San Antonio

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu, and Tzyy-Wen-Hzy (“Appellants”), appealed the determination of the City of San Antonio’s Dangerous Structure Determination Board

04-10-00836-CV

(“DSDB”) that an apartment building was a public nuisance. After the City demolished the building, Appellants amended their pleadings to allege an inverse condemnation takings claim against ... More...
   $0 (08-14-2013 - tx)

City of Perris v. Richard C. Stamper

Defendants and appellants, Richard C. Stamper, Donald D. Robinson, and Donald Dean Robinson, LLC (the owners), own a 9.1-acre parcel of land in Perris, California. The parcel (the Stamper Property) is vacant land zoned for light industrial use. In 2005, plaintiff and respondent, City of Perris (the City), designated certain truck routes in an amended circulation element of its general plan. To est... More...   $0 (08-09-2013 - CA)

Panamerican Operating, Inc. v. Maud Smith Estate

In this breach-of-contract action, PanAmerican Operating, Inc. (“PanAmerican”) appeals from the trial court’s judgment in favor of the Maud Smith Estate (“Maud Smith”). In three issues, PanAmerican challenges the sufficiency of the trial court’s findings of fact regarding apparent authority and ratification and the correctness of its conclusions of law concerning breach and ratificatio... More...   $0 (07-24-2013 - TX)

AEP Oklahoma Transmission Company v. Marian Elizabeth Rother

AEP Oklahoma Transmission Company sued Marian Elizabeth Rother and Dale Rother on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by them by condemnation claiming:

I.

That AEP is a corporation, duly organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, fully authorized and qualified t... More...
   $37000 (07-24-2013 - OK)

Oklahoma Gas and Electric Company v. Corsair Cattle Company

Oklahoma Gas and Electric Company sued Corsair Cattle Company on an eminent domain theory claiming:

1. Oklahoma Gas and Electric Company (“OG&E”), a corporation, having been duly organized and incorporated under the laws of the State of Oklahoma, is authorized to conduct its business in this State, including the business of furnishing light, heat and power by electricity.

2. With... More...
   $0 (07-22-2013 - OK)

Southwestern Energy Production Company v. Toby Berry-Helfand and Gery Muncey

In this trade secret case, Southwestern Energy Production Company (Sepco) appeals a judgment for almost $40 million, including attorney‘s fees, rendered in favor of Toby Berry-Helfand and Gery Muncey after a jury trial. Sepco raises five issues on appeal. We reverse and render in part, affirm in part, and remand the cause for determination and award of attorney‘s fees due Sepco as the prevaili... More...   $0 (07-19-2013 - TX)

P. David Newsome, Jr. v. William Gallacher

This case requires us to answer a classic personal jurisdiction question— who was injured, and where? The answer to that question will determine whether the representative of a Canadian-owned Delaware corporation operating exclusively in Oklahoma may sue the corporation’s Canadian officers and directors in Oklahoma.

To bring a suit, the plaintiff must show the defendants are subject to ... More...
   $0 (07-17-2013 - OK)

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AK Morlan
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