Eminent Domain Law
 
United States of America v. Howard O. Kieffer

Oh what a tangled web we weave, when first we practice to deceive!

Sir Walter Scott

Scottish Novelist (1771–1832)

By all appearances, Defendant Howard Kieffer had a successful nationwide criminal law practice based in Santa Ana, California. Defendant held himself out as Executive Director of Federal Defense Associates, and touted his services through websites, legal conferen... More...
   $0 (06-11-2012 - CO)

DCP Southern Hills Pipeline, LLC v. McClung D. Benbrook

Buffalo, Harper County, OK - DCP Southern Hills Pipeline, LLC sued McClung D. Benbrook on an eminent domain (condemnation) theory seeking to acquire certain rights, title and interest in real property owned by McClung for a pipeline.

06/07/2012 FILE & ENTER PETITION $150.00
LAW LIB ASSESS $6.00
DISPUTE MEDIATION $2.00
OCIS $25.00
LENGTHY TRIAL FUND $10.00
OK... More...
   $28000 (06-07-2012 - OK)

Norman Redwing v. Catholic Bishop for the Diocese of Memphis

The facts in this opinion are drawn from the allegations in the complaint. No trial has occurred. Neither party has presented evidence, and no facts have been found by a factfinder. Because this case comes to us as an appeal from a denial of a motion to dismiss, the applicable standard of review requires us to presume that the allegations in the complaint are true. Our decision to include in this ... More...   $0 (05-24-2012 - TN)

Emco v. Suad Samardzic

Suad Samardzic injured his left wrist in 2001 when a pallet fell on it while he was working for Hy-Vee. Dr. Teri Formanek performed surgery on the wrist. Subsequently, Dr. Formanek found Samardzic had a four percent impairment of his left upper extremity as a result of his wrist problem. Samardzic eventually returned to work without restrictions. In 2005, Samardzic began employment as a production... More...   $0 (05-23-2012 - IA)

ABF Freight System, Inc. v. Marvin Veenendaal

An employer appeals the district court decision affirming an award of workers’ compensation benefits to an employee by the workers’ compensation commissioner. The employer contends there is not substantial evidence in the record to show the employee’s back problems were causally related to a work-related injury. The employer also claims there is not substantial evidence in the record to show... More...   $0 (05-23-2012 - IA)

Alexander Lidlow v. International Rectifier Corp.

The novel question presented in this case is whether, under a conflict of laws principle known as the internal affairs doctrine, California law or foreign law applies to a claim brought by an officer of a foreign corporation for wrongful termination in violation of public policy. We hold that under the circumstances alleged here, specifically where a foreign corporation has removed or constructive... More...   $0 (05-23-2012 - CA)

Nancy K. Alanis v. Edward F. Valdespino

Nancy K. Alanis sued Edward F. Valdespino and Strasburger & Price, LLP, asserting seven claims based on allegations that she was wrongfully deprived of payment of a portion of the proceeds awarded in a separate condemnation proceeding. Nancy also sued Artemio A. Alanis, Jr. for fraud and conversion based on the same allegations. Two claims were dismissed when Nancy failed to timely amend her plead... More...   $0 (05-23-2012 - TX)

City of Livermore v. Dennis E. Baca

Dennis E. Baca appeals a judgment entered in an action for eminent domain commenced by the City of Livermore. On appeal, Mr. Baca asserts the trial court erred in excluding all of his proffered evidence of permanent and temporary severance damages related to the takings during in limine motions. Mr. Baca argues the court‟s exclusion of all of his evidence was tantamount to granting a nonsuit in ... More...   $0 (05-16-2012 - CA)

Carolina Convenience Stores, Inc. v. City of Spartanburg, S.C.

Carolina Convenience Stores, Inc., Harry Lancaster, Jr., and Willard Oil Company, Inc. (collectively, CCS) appeal the circuit court's grant of summary judgment in favor of the City of Spartanburg (the City) on CCS's inverse condemnation claim against the City. We affirm.

FACTS/PROCEDURAL HISTORY

This appeal stems from a hostage incident that occurred at CCS on July 19, 2004. Because ... More...
   $0 (05-09-2012 - SC)

Annie Sciborski v. Pacific Bell Directory

Annie Sciborski sued her former employer, Pacific Bell Directory (Pacific Bell), challenging Pacific Bell's actions in deducting approximately $19,000 from her wages to recover a $36,000 sales commission paid to her. After a three-day trial, a jury found Pacific Bell's wage deductions violated Labor Code section 221 and resulted in Sciborski's constructive discharge in violation of public policy. ... More...   $0 (05-08-2012 - CA)

Consumer Data Industry Association v. Gary K. King

New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (“CDIA”), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (“FCRA”). T... More...   $0 (05-07-2012 - NM)

ONEOK Gas Storage, LLC v. K74 Ranch, Inc.

ONEOK Gas Storage, LLC sued K74 Ranch, Inc. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests owned by Defendant for its use to operate an underground natural gas storage facility in Kingfisher County, Oklahoma.

The Court appointed Jan Goodyear, Dawna Elmore and Lorie Nail as commissioners to appraise Defendant's property and assess the damag... More...
   $34200 (04-23-2012 - OK)

Jason A. Miller v. Chase Home Finance, LLC

Jason A. Miller appeals from an order of the district court dismissing his complaint for failure to state a claim. After a thorough review of the record and briefs, we affirm.

I.

Miller owned a parcel of real property in Hiawassee, Georgia, which he obtained by securing a mortgage loan from the predecessor of the defendant, Chase Home Finance, LLC (Chase). In February 2009, Miller re... More...
   $0 (04-19-2012 - GA)

Bret Miller v. City of Wentzville, Missouri

Plaintiffs, Bret Miller and Natalie Miller, appeal from the entry of summary judgment in favor of defendant, the City of Wentzville, Missouri, on their inverse condemnation claim to recover damages for cracks in their garage and house foundation, which they alleged had been caused by "street creep," the movement and expansion of the concrete street in the absence of adequate expansion joints.
... More...
   $0 (04-17-2012 - MO)

Thomas W. Jandre v. Wisconsin Injured Patients and Families Compensation Fund

¶1 SHIRLEY S. ABRAHAMSON, C.J. This is a review of a published decision of the court of appeals in a medical malpractice case.[1] The court of appeals affirmed a judgment of the Circuit Court for Fond du Lac County, Robert J. Wirtz, Judge, entered on a jury verdict in favor of Thomas W. Jandre (Jandre) and his wife, Barbara J. Jandre (collectively, the Jandres), against Dr. Therese J. Bullis... More...   $0 (04-17-2012 - WI)

The State of Oklahoma, ex rel. Department of Transportation v. James S. Martin Farris

The State of Oklahoma, ex rel. Department of Transportation sued James S. Martin Farris and others on an eminent domain theory seeking to acquire certain rights, title and interests in 1.39 acres of real property owned by Defendants and located in Cleveland County, Oklahoma for public purposes.

The Court appointed Chris Hardwick, Charles Thompson and Misty Burnett commissioners to inspe... More...
   $58500 (04-13-2012 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Don L. Wilson

State of Oklahoma, ex rel. Department of Transportation sued Don L. Wilson, Trustee of the Don L. Wilson Living Trust, et al. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests for public use.

The Court appointed Phillip Isaacs, Patrick Glenn and Alan Schmook as commissioners to appraise the value of the property taken and the damages, if any,... More...
   $982000 (04-11-2012 - OK)

Rosetta Stone, Ltd. v. Google, Inc.

Appellant Rosetta Stone Ltd. appeals from an order, see Rosetta Stone Ltd. v. Google Inc., 730 F. Supp. 2d 531 (E.D. Va. 2010), granting summary judgment against Rosetta Stone on its claims against Appellee Google Inc. for trademark infringement, see 15 U.S.C. § 1114(1)(a); contributory and vicarious trademark infringement; and trademark dilution, see 15 U.S.C. § 1125(c)(1). Rosetta Stone also a... More...   $0 (04-09-2012 - VA)

William B. Elliott v. Susana Martinez

Plaintiffs William B. Elliott, Tommy J. Evaro, and Andria J. Hernandez were all targets of investigations by the Doña Ana County grand jury. Under New Mexico law they were entitled to target notices that advised them of the right to testify before the grand jury. But the notices they received may not have complied with state law. They filed a civil-rights action under 42 U.S.C. § 1983 in the Uni... More...   $0 (04-09-2012 - NM)

State of Oklahoma, ex rel. Department of Transportation v. Larry Dale Snyder

The State of Oklahoma, ex rel. Department of Transportation sued Larry Dale Snyder on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendants for public use. The State sought to acquire 1.94 acres of Defendants' property.

The Court appointed Darryl Lockard, Marshall Ford and Rick Daugherty to serve as commissioners... More...
   $45000 (04-03-2012 - OK)

Tulsa Development Authority v. Quincy Square, Inc.

The Tulsa Development Authority sued Quincy Square, Inc. on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by Defendant for public use.

The Court appointed Jim Clark, Dean Lewis and Sheila Brunton as commissioners to perform an appraisal of the fair market value of any property being taken and to assess the damages, if any, to the rema... More...
   $180000 (03-31-2012 - OK)

City of Catoosa, Oklahoma v. J.W. Powers

The City of Catoosa, Oklahoma sued J.W. Powers and Linda D. Powers on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by Defendants for public use for a perpetual sewer line easement.

The Court appointed Richard Thomas, Edward Truitt and Kathy V. Geyer as a commissioners to assess the damages suffered by the defendants as a result of... More...
   $0 (03-30-2012 - OK)

Villas At Parkside Partners v. The City of Farmers Branch, Texas

We review a grant of summary judgment on preemption grounds de novo, applying the same standards as the district court.15 “Summary judgment is proper if the evidence shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”16

The City contends on appeal that the district court erred by declining to afford the Ordi... More...
   $0 (03-21-2012 - TX)

Rosetta McDaniel v. West Virginia Division of Highways

Petitioners Rosetta and Randy McDaniel appeal the circuit court’s order denying their petition for writ of mandamus against respondents, the West Virginia Division of Highways (“DOH”) and its commissioner. Petitioners filed a petition for appeal and a reply brief by their attorney, Vincent Trivelli. Respondents filed a response brief by their attorney, Eric B. Hudnall. This Court has conside... More...   $0 (03-20-2012 - WV)

The City of Oklahoma City v. Wallace Horse Park, Inc.

The City of Oklahoma City sued Wallace Horse Park, Inc. on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by Defendant for public purposes. Jim Hoyt, Jim Bowers, Sr. and Richard H. Godfrey were appoint by the Court as commissioners to appraise the property being taken and assess the damages, if any, sustained by the remainder. They awarded De... More...   $32500 (03-19-2012 - OK)

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