Eminent Domain Law
 
Douglas K. McDaniel v. Wells Fargo Investment, LLC

We must decide whether federal securities law preempts the enforcement of California’s forced-patronage statute against brokerage houses that forbid their employees from opening outside trading accounts.

I

A

Federal law requires brokerage firms to take measures reasonably designed to prevent their employees from misusing material, nonpublic information. To meet that obligati... More...
   $0 (04-09-2013 - CA)

Solano Transportation Authority v. Michelle Valine

Solano County sued Michelle Valine on an eminent domain theory seeking to acquire by condemnation farm land owned by the defendant for use in constructing the four-lane Suisun Valley Parkway. The taking split the property into two parcels on each side of Interstate 80.... More...   $1240000 (04-06-2013 - CA)

DCP Southern Hills Pipeline, LLC v. The Unknown Heirs, Successors and Assigned of E.Y. Freeman, deceased

DCP Southern Hills Pipeline, LLC sued The Unknown Heirs, Successors and Assigned of E.Y. Freeman, deceased and others on eminent domain theories claiming:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
The Unknown Heirs, Successors and Assigns of E.Y. Freeman, Deceased; Gulf Energy
Gathering and Processing Corporation, Successor to Bucke... More...
   $0 (04-05-2013 - OK)

DCP Southern Hills Pipeline, LLC v. Leonard E. Wallace

DCP Southern Hills Pipeline, LLC sued Leonard E. Wallace and others on eminent domain theories claiming:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
Leonard E. Wallace, Margery L. Wallace, Anna Wallace, United-But Homes, L.L.C., Sohio
Petroleum Company a/Ida Standard Oil Production Company, County Treasurer of Logan
County and Boa... More...
   $11349 (04-05-2013 - OK)

Gregory S. Strange v. HRSMart, Inc.

Gregory S. Strange appeals the trial court’s summary judgment in favor of HRsmart, Inc. on its breach of a noncompetition contract claim involving human resources management software. Among his eleven issues, Strange contends fact issues exist regarding his competition with HRsmart’s product. We reverse the trial court’s summary judgment on that ground and remand this case for further procee... More...   $0 (04-05-2013 - TX)

State of Oklahoma, ex rel. Department of Transportation v. Revocable Inter Vivos Trust of Bill J. Ramsey

The State of Oklahoma, ex rel. Department of Transportation sued Revocable Inter Vivos Trust of Bill J. Ramsey and others on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by the defendants for public purposes.

The Court appointed Warren Morris, Gary Fleener and Howard Kelsey commissioners to perform an appraisal of t... More...
   $207943 (04-04-2013 - OK)

Wright Realty Interests, Ltd. v. City of Friendswood, Texas

Appellant, Wight Realty Interests, Ltd. (“Wight Realty”), challenges the trial court’s orders granting appellee, the City of Friendswood (the “City”), summary judgment and its plea to the jurisdiction in Wight Realty’s suit against the City for breach of contract. In four issues, Wight Realty contends that the trial court erred

2

in granting the City’s summary-judgment ... More...
   $0 (04-04-2013 - TX)

Gabriela Arteaga v. United States of America

The plaintiff in this medical malpractice case is the mother of a child who was injured during birth. The district court dismissed the suit as barred by the provision of the Federal Tort Claims Act that requires that the claim on which a suit is based be filed with the appropriate federal

2 No. 12-3189

agency within two years after the claim arose. 28 U.S.C. §2401(b).

T... More...
   $0 (04-02-2013 - IL)

Waste Connections of Kansas, Inc. v. Ritchie Corporation

This is a $550,000 price dispute arising out of plaintiff's right of first refusal to purchase a Wichita waste transfer station from defendant. The catalyst was a third-party's agreement to buy the transfer station and an adjoining landfill as a package deal or to buy the landfill alone.

The district court judge granted summary judgment to defendant Ritchie Corporation (Ritchie). A panel ... More...
   $0 (03-31-2013 - KS)

State of Oklahoma ex rel. Edmonson v. Native Wholesale Supply

The State of Oklahoma ex rel Edmonson sued Native Wholesale Supply claiming it violated the Oklahoma Tobacco Master Settlement Agreement Complementary Act by selling cigarettes in Oklahoma without being on the approved list required for sales to the public. The cigarettes that were the subject to the lawsuit had been removed from the list in 2006.

The defenses asserted by the Defendant a... More...
   $47767795 (03-30-2013 - )

City of Freeport v. Briarwood Holdings, LLC

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

2

Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar... More...
   $0 (03-19-2013 - TX)

Northern Natural Gas Company v. ONEOK Field Services Company, LLC

In this conversion action, Northern Natural Gas Company (Northern) claims ONEOK Field Services Company, L.L.C., ONEOK Midstream Gas Supply, L.L.C. (collectively ONEOK), Lumen Energy Corporation, and Lumen Midstream Partnership, LLC (collectively Lumen) wrongfully converted natural gas by purchasing gas from two producers, Nash Oil & Gas, Inc. (Nash) and L.D. Drilling, Inc. (L.D.), which operated w... More...   $0 (03-18-2013 - KS)

Helmut Volmich v. Richard Braden Neiman

Appellants Helmut and Petra Volmich appeal the trial court’s summary judgment in favor of Appellees Richard Braden Neiman and Traci L. Neiman. The Volmiches contend in two issues that the trial court erred by granting summary judgment because the “as-is” clause in the parties’ sale contract does not as a matter of law defeat their affirmative claims or establish the Neimans’ affirmative... More...   $0 (03-14-2013 - TX)

William Scott MacDonald v. Tim Moose

In 2005, William Scott MacDonald was convicted after a bench trial in the Circuit Court of the City of Colonial Heights, Virginia, of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth’s criminal solicitation statute, found in section 18.2-29. The criminal so... More...   $0 (03-13-2013 - VA)

City of Sand Springs v. Blossom Day Care Centers

The 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 defendant for public purposes.

The Court appointed Sheila Brunton, Jim Clark and Jan Gordon commissioners to appraise Defendant's property and the damages caused by the taking.

The Commissioners awarded... More...
   $20000 (03-10-2013 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Rausch Coleman Jenks, LLC

State of Oklahoma, ex rel. Department of Transportation sued Rausch Coleman Jenks, LLC on an eminent domain theory seekin gto acquire certain rights, title and interests in Defendant's property for public use.

THORNBRUGH, P. THOMAS: HEARING TO APPOINT COMMISSIONERS HELD. STEVE ADAMS PRESENT FOR RAUSCH COLEMAN JENKS LLC, KELLY MONAGHAM AND BECKY MCDOWN PRESENT FOR D.O.T., GARY GASKINS PRESE... More...
   $0 (03-10-2013 - OK)

Texas Municipal Power Agency v. Kirk A. Johnston

Kirk A. Johnston sought temporary and permanent injunctive relief against the Texas Municipal Power Agency (“TMPA”) to prohibit TMPA from, among other things, entering onto his property to conduct surveys and inspections and attempting to condemn a portion of his property. TMPA filed a plea to the jurisdiction, and the trial court denied the plea. In two issues, TMPA contends that the trial co... More...   $0 (03-07-2013 - TX)

State of Oklahoma v. Penny L. Hoover, M.D.

State of Oklahoma sued Penny L. Hoover, M.D., et al. on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by the defendants for public use.

The court appointed commissioners who returned their report finding that defendants had been damaged in the amount of $598,000.00.

Plaintiff and Defendants filed demands for ... More...
   $1 (03-04-2013 - OK)

Glen and Johanna Wohl v. City of Missoula

¶1 Plaintiffs are a group of landowners (Landowners1) who own properties abutting South Avenue in the City of Missoula. The instant lawsuit arose out of a dispute between Landowners and the City concerning the width of the public right-of-way constituting South Avenue. Following a bench trial, the Fourth Judicial District Court, Missoula County, determined that the right-of-way is 60 feet wide. T... More...   $0 (02-27-2013 - MT)

VirnetX, Inc. vs. Apple, Inc.

VirnetX sued Apple on a patent infringement theory claiming infringment on its U.S. Patents which describe a method of transparently creating a virtual private network ("VPN") between a client computer and a target computer. Other patents disclose a secure domain name service. Both products developed by VirnetX establishes secure communications.

The defenses asserted by Apple are not avai... More...
   $368160 (02-27-2013 - CA)

Dow AgroSciences, LLC v. National Marine Fisheries Service

In this appeal, we decide whether a "biological opinion" ("BiOp") issued by the National Marine Fisheries Service ("Fisheries Service" or "the Service") to the Environmental Protection Agency ("EPA") is arbitrary and capricious under the Administrative Procedure Act, 5 U.S.C. § 706. The BiOp, which the Fisheries Service provided as part of the EPA’s process of reregistering the pesticides chlor... More...   $0 (02-21-2013 - MD)

Jim Maxwell v. County of San Diego

Around 10:50 PM on December 14, 2006, Lowell, a San Diego County Sheriff’s Department deputy, shot Kristin in the jaw with his Glock .40 caliber service pistol in the couple’s bedroom.1 At the time, Lowell and Kristin lived in “depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions... More...   $0 (02-14-2013 - CA)

Vitorino America v. Sunspray Condominium Association

[¶1] Vitorino America filed a complaint in the Superior Court, individually and derivatively on behalf of Sunspray Condominium Association (Association), against the Association and four members of its Board of Directors (Board), claiming in part that the defendants had refused to effectively enforce Sunspray Condominium’s smoking ban. He appeals from a judgment entered in the Business and Cons... More...   $0 (02-12-2013 - ME)

Roger Schanzenbach v. Town of La Barge, Wyoming

Plaintiff Roger Schanzenbach sought to install mobile manufactured homes on two properties he owned in the town of LaBarge, Wyoming. The town council initially granted him a building permit for one property but revoked it about two weeks later and then enacted an ordinance that included a provision banning the installation of any manufactured home older than 10 years at the time of the relevant pe... More...   $0 (02-08-2013 - WY)

David Lee Lamoreaux v. Black Diamond Holdings, LLC

¶1 David Lee Lamoreaux appeals from the district court’s order dismissing this action, which Lamoreaux originally initiated against Black Diamond Holdings, LLC (Black Diamond) in 2008. After a bench trial but before any ruling on the merits, Black Diamond purchased Lamoreaux’s interest in the action at a judicial sale and successfully moved to be substituted as the party plaintiff. Black Diam... More...   $0 (02-07-2013 - UT)

Next Page

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