Eminent Domain Law
 
S.J.W. v. Lee's Summit R-7 School Dist.

The Lee's Summit R-7 School District ("the School District") issued 180-day suspensions to twin brothers Steven and Sean Wilson (together, "the Wilsons") on January 11, 2012 for disruption caused by a website the Wilsons created. The Wilsons filed suit against the School District on March 6, 2012, alleging, along with other claims, that the School District violated their rights to free speech. The... More...   $0 (10-17-2012 - MO)

Northern Natural Gas Company v. L.D. Drilling, Inc.

In these consolidated interlocutory appeals, Defendants-Appellants, natural gas producers with wells in south central Kansas, challenge a preliminary injunction enjoining them from further gas production from those wells. The district court entered the preliminary injunction after concluding there was a substantial likelihood that Plaintiff-Appellee Northern Natural Gas Co. (“Northern”) will p... More...   $0 (10-17-2012 - KS)

City of Boynton Beach v. Frank Janots

The City of Boynton Beach (the “City”) appeals the trial court’s denial of its motion to use proceeds from a taking to satisfy an outstanding code enforcement lien. We reverse.

The facts below are undisputed. Theodore Ryan owned two parcels of property within the City’s jurisdictional limits. One was his homestead property (“Parcel 1”), and one was a vacant lot (“Parcel 2”).... More...
   $0 (10-10-2012 - FL)

John A. O'DEell v. Kenneth Kozee

The principal issue in this certified appeal is whether Connecticut’s Dram Shop Act (act),1 General Statutes § 30-102,2 requires a plaintiff to prove that a patron was visibly or otherwise perceivably intoxicated3 when sold alcoholic liquor in order to prevail on a claim against the purveyor of alcoholic liquor for injuries sustained as a result of the patron’s intoxication.

The plaint... More...
   $0 (10-08-2012 - CT)

S. Fred Hall v. State of Oregon

2 The jury in this inverse condemnation case found that plaintiffs' property
3 had a fair market value of $4,000,000 before defendant's disputed activities and that these
4 activities--repeated statements to the general public and potential purchasers that
5 defendant intended to eliminate an I-5 interchange, thereby rendering plaintiffs' property
6 landlocked, and then acquire it ... More...
   $0 (10-03-2012 - OR)

Council of San Benito County Governments v. Hollister Inn, Inc.

This case involves two consolidated actions in eminent domain brought by the Council of San Benito County Governments (COG), a joint powers authority created under a joint powers agreement between the County of San Benito, the City of Hollister, and the City of San Juan Bautista, to acquire property for the Highway 25 Bypass Project. In the eminent domain proceedings, COG sought to condemn real pr... More...   $0 (09-19-2012 - CA)

The City of Oklahoma City v. Johnny Thompson

The City of Oklahoma City sued Johnny Thompson and Pam Thompson on a condemnation theory seeking to acquire by eminent domain certain rights, title and interests in real property owned by the Defendants.


ORTWR APPOTNT1NG COMMIS9TONERS

On this 3rd day of August, 2O12,this cause coining on to be heard upon the Petition and Application of the Plaintiff for an Order Appointing Commis... More...
   $10300 (09-17-2012 - OK)

City of Boca Raton v. Martin Siml

The City of Boca Raton (“the City”) appeals from a final order granting a writ of mandamus compelling the City to process a citizen initiative petition that would enact an ordinance to amend the city code. In addition, the Greater Boca Raton Beach and Park District (“the District”) appeals the trial court’s denial of its motion to intervene. We affirm the trial court’s order of mandamu... More...   $0 (09-14-2012 - FL)

Charles E. Yeager aka Chuck v. Connie Bowlin

Plaintiffs, retired General Charles E. “Chuck” Yeager and his foundation, appeal the district court’s order granting summary judgment to Defendants Ed and Connie Bowlin. Yeager contends that the district court should not have struck his declaration, which contains comprehensive details he did not remember at his deposition. He also contends that, under California’s single-publication rule,... More...   $0 (09-11-2012 - CA)

MAO's Kitchen, Inc. v. Thomas Mundy

Mao‟s Kitchen, Inc. (MKI) appeals from an order granting summary judgment in favor of Thomas Mundy and Morse Mehrban. MKI contends the superior court erred in determining that it lacked subject-matter jurisdiction over MKI‟s qui tam cross-complaint because the cross-complaint was based upon publicly disclosed information.1 MKI also appeals from a judgment following the grant of summary judgmen... More...   $0 (09-10-2012 - CA)

Stacey Hightower v. City of Boston

This case presents an as-applied and a purported facial attack on the Massachusetts statutory and administrative scheme for revoking licenses for the carrying of firearms. The district court entered summary judgment dismissing the claims. Hightower v. City of Boston, 822 F. Supp. 2d 38, 65-66 (D. Mass. 2011).

Stacey Hightower is a former Boston Police officer who, during many of he... More...
   $0 (09-09-2012 - MA)

Christian Louboutin, S.A. v. Yves Saint Laurent America Holding, Inc.

The question presented is whether a single color may serve as a legally protected trademark in the fashion industry and, in particular, as the mark for a particular style of high fashion women’s footwear. Christian Louboutin, a designer of high-fashion women’s footwear and accessories, has since 1992 painted the “outsoles” of his women’s high-heeled shoes with a high-gloss red lacquer. I... More...   $0 (09-05-2012 - NY)

Contour Design, Inc. v. Chance Mold Steel Company, Ltd.

In this trade secret misappropriation and breach of contract case, defendant Chance Mold Steel Co. (“Chance”) Footnote appeals from a permanent injunction and from a jury award of damages. The injunction, based on a finding of contract breach, prohibits Chance from selling, displaying, manufacturing, or assisting others in manufacturing a number of ergonomic computer mouse products. Footnote W... More...   $0 (09-04-2012 - NH)

Pacific Bell Telephone Company v. Southern California Edison Company

Defendant Southern California Edison (“Edison”) appeals from the judgment entered against it following a bench trial in which the court ruled that Edison was liable to Pacific Bell Telephone Company (“Pacific Bell”) for just compensation in Pacific Bell‟s cause of action for inverse condemnation. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

The relevant facts of this appeal ar... More...
   $0 (08-30-2012 - CA)

Lee County Electric Cooperative, Inc. v. City of Cape Coral

Several years ago the City of Cape Coral began a construction project to rework an intersection. The plan required the expansion of an existing road into a public utility easement where Lee County Electric Cooperative ("LCEC") had placed its electric lines. Thus, LCEC was forced to relocate its lines to another public utility easement. The parties disagreed about which of them was responsible for ... More...   $0 (08-29-2012 - FL)

David Steakley v. Round One Investments, L.P.

Appellants David Steakley, Marvin Steakley, Darrell Kainer, Alan Peters, Glen M. Boudreaux, and Tim S. Leonard (“Buyers”) appeal from an order dismissing their case without prejudice based upon a contractual forum-selection clause. We conclude that the Buyers’ claims are not within the scope of the forum-selection clause. Accordingly, we reverse and remand for further proceedings.

Bac... More...
   $0 (08-23-2012 - TX)

ONEOK Gas Storage, LLC v. Hollie Etbauer

ONEOK Gas Storage, LLC sued Hollie Etbauer, Billing Etbauer, Trustees of the Hollie Etabuer Living Trust on an eminent domain theory seeking to acquired certain rights, title and interests in land owned by Defendants.

1. ONEOK Gas Storage, L.L.C. brings this action to condemn property owned by Hollie Etbauer and Billy Etbauer, Trustees of the Hollie Etbauer Living Trust dated August 9, 1994... More...
   $0 (08-22-2012 - OK)

Vieira Enterprises, Inc. v. City of East Palo Alto

Vieira Enterprises, Inc. (Vieira), a seller and installer of manufactured homes, filed mechanic‟s liens after the owners of two lots in the City of East Palo Alto (the City) failed to pay for its delivery and installation of two manufactured homes. Prior to the filing of the mechanic‟s liens, another party foreclosed on the properties and applied to the City of East Palo Alto‟s Building Serv... More...   $0 (08-20-2012 - CA)

Delcom Group, Inc. v. Dallas Independent School District

Delcom Group, LP appeals the trial court's orders granting the plea to the jurisdiction filed by Dallas Independent School District and denying Delcom's application for a temporary injunction to enjoin DISD and R.L.S. Interests, Inc. d/b/a Prime Systems, Inc. from disclosing and using Delcom's trade secrets. In three issues, Delcom contends DISD waived immunity by entering into a contract for digi... More...   $0 (08-19-2012 - TX)

State of Oklahoma, ex rel. Department of Transportation v. K & L Leasing, Inc.

¶1 Appellant, K&L Leasing Inc. (K&L), seeks review of the trial court's judgment, totaling $1,936.82, awarding costs to the Oklahoma Department of Transportation (ODOT) in the underlying condemnation action. K&L argues 69 O.S. 2001 §1203(e)(1) does not provide for costs against a party that withdraws its demand for a jury trial, in acceptance of the commissioners' award in a condemnation action.... More...   $0 (07-31-2012 - OK)

William Turkali v. The City of Safety Harbor and Pinellas County

William Turkali challenges the final judgment entered in favor of the City of Safety Harbor and Pinellas County by which his claim under the Bert Harris Private Property Protection Act ("The Act")1 was dismissed. We affirm.

Mr. Turkali owns waterfront residential property in Safety Harbor. His parcel consists of approximately 0.25 acres (some of which was unusable due to being under water) ... More...
   $0 (07-26-2012 - FL)

Blue Earth County v. Mathew and Anne Kruse

Blue Earth County sued Mathew and Anne Kruse on eminent domain theories seeking to acquire 15.5 acres of land for the extension of County Road 12, also know as airport road. The County offered $137,175 for the land.

Commissioners appointed by the Court awarded Defendants $195,000.... More...
   $137175 (07-14-2012 - MN)

National Federation of Independent Business v. Sebelius

In 2010, Congress enacted the Patient Protection and Affordable CareAct in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision isthe individual mandate, which requires most Americans to maintain“minimum essential” health insurance coverage. 26 U. S. C. §5000A.For individuals who are not exempt, and who do not receive he... More...   $0 (06-28-2012 - GA)

Arizona v. United States

An Arizona statute known as S. B. 1070 was enacted in 2010 to address pressing issues related to the large number of unlawful aliens in the State. The United States sought to enjoin the law as preempted. The District Court issued a preliminary injunction preventing four of its provisions from taking effect. Section 3 makes failure to comply with federal alien-registration requirements a state misd... More...   $0 (06-25-2012 - AZ)

United States of America v. Maria Ferro

These cross-appeals arise from what we understand to be the largest civil in rem forfeiture proceeding against firearms unlawfully possessed by a convicted felon in American history. In dispute is a forfeiture order against hundreds of collectable guns valued at $2.55 million. After a bench trial, the district court ruled the entire collection forfeitable, but it later ordered that the government ... More...   $0 (06-11-2012 - CA)

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AK Morlan
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