APPELLEES' ANSWER BRIEF

This answer brief is jointly filed by the City of Tulsa, Kathy Taylor, the Tulsa Stadium
Trust and the intervening property owners (collectively, when appropriate, the "appellees"). For
the reasons addressed below, this Court should reject the appeal in its entirety.

NATURE OF THE CONTROVERSY

Downtown Tulsa is a clearly delin... More...   $0 (11-30-2011 - OK)

This appeal originates from a contract for the purchase of commercial real estate in Danbury that was deeded to the buyers. The buyers appeal from the trial court’s judgment granting the sellers’ motion for summary judgment. On appeal, the buyers claim the court erred in finding there was no material question of fact with respect to their claims of breach of contract, negligent misrepresentati... More...   $0 (11-27-2011 - CT)

Michael Bills appeals from the June 24, 2010, order of the Circuit Court of Kanawha County affirming the decision of the Respondent West Virginia Department of Health and Human Resources (“DHHRâ€�) that Petitioner was not eligible for the Mentally Retarded/DevelopmentallyDelayed Home and Community-Based Waiver Program(“Waiver Program).â€�1 As grounds for his appeal, Mr. Bills asserts error bas... More...   $0 (11-18-2011 - WV)

This is an appeal from the trial court‟s grant of a temporary injunction restraining George and Suzanne Russell from interfering with the Waterwood Improvement Association‟s (“WIAâ€�) maintenance of Waterwood Parkway. Appellants argue that the trial court erred in finding that WIA established a probable right to recovery, in improperly restricting their right to free speech, and in drafting ... More...   $0 (11-17-2011 - TX)

This is an appeal from the trial court‟s grant of a temporary injunction restraining George and Suzanne Russell from interfering with the Waterwood Improvement Association‟s (“WIAâ€�) maintenance of Waterwood Parkway. Appellants argue that the trial court erred in finding that WIA established a probable right to recovery, in improperly restricting their right to free speech, and in drafting ... More...   $0 (11-17-2011 - TX)

In this eminent-domain case, appellant Delta Regional Airport Authority appeals from the jury’s award of compensation of $150,000 to appellee J.T. Jarrett & Sons, a partnership that holds a leasehold interest in the property. Delta also appeals from the circuit court’s order granting attorney’s fees to the landowners, appellees Grover Gunn, III; Michael Scott Gunn; and Edgar Lindsey Gunn (co... More...   $0 (11-16-2011 - AR)

Appellants Bever Properties, L.L.C. and Jesse M. Taylor, D.D.S., P.A. appeal the summary judgments granted appellees Jerry Huffman Custom Builder, L.L.C., a/k/a Jerry Huffman Custom Builders, L.L.C.; Plano Parkway Office Condominiums, a/k/a Plano Parkway Office Owners Association; Dr. Mary Ellen Kirwan, d/b/a Kirwan Chiropractic; and Dr. JoJo Cheung, D.D.S., d/b/a Esthetic Image Dentistry, and th... More...   $0 (11-16-2011 - TX)

[¶1.] Patrick Hall, Marlyn Erickson, and Fuel Food Mart, Inc. (“Landownersâ€�) own property abutting former Exit 66 on Interstate 90 (I-90), a controlled-access highway that passes by Ellsworth Air Force Base. A part of Landowners’ property was taken by condemnation in 1961 for the construction of I- 90 and Exit 66. In that condemnation proceeding, the State mitigated the severance damages fo... More...   $0 (11-15-2011 - SD)

City of Tulsa sued John Stephen Jennings and Rosa L. Jennings on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendants for public use.

The Court appointed Leroy McDaniel, Rick Thomas and Kathy Geyer commissioners to assess the damages sustained by Defendants for the taking of their property. The Commissioners aw... More...   $0 (11-14-2011 - OK)

The defendant Mark A. Lauretti1 appeals from the judgment of the trial court denying his motion for summary judgment, which asserted that the doctrine of collateral estoppel barred the action brought by the plaintiff, Wiacek Farms, LLC. We affirm the judgment of the trial court.

The record, viewed in the light most favorable to the plaintiff; see Martinelli v. Fusi, 290 Conn. 347, 350, 963 ... More...   $0 (11-11-2011 - CT)

Sam Williams sued BenMac’s Arrowheads Dot Com, LLC, John McCurdy, and Jim Bennett for breach of contract. BenMac’s, McCurdy, and Bennett filed a special appearance, which the trial court overruled. BenMac’s, McCurdy, and Bennett appeal the trial court’s interlocutory order and assert in a single issue that the trial court erred when it overruled the special appearance. We affirm the jud... More...   $0 (11-10-2011 - TX)

Semcrude LP sued Alan C. Chittum on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendant for Plaintiff's use for the purpose of building and maintaining a crude oil pipeline.

Defendant admitted that he owned the property Plaintiff sought to acquire for its pipeline.

The commissioners appointed by the Court... More...   $7919 (11-09-2011 - OK)

Brian Sopatyk petitions for judicial review of the Lemhi County Board of Commissioners’ decision to validate Anderson Creek Road, which runs the length of his property. He contends the road never became public and, if so, was abandoned. He also maintains that the validation was an unconstitutional taking, that it was error for the road easement to be validated at fifty-feet wide, that one of the... More...   $0 (11-09-2011 - ID)

¶ 1 A jury returned a no-liability verdict regarding an accident in which the plaintiff, a
pedestrian, claimed he was struck by the defendant’s car while crossing the intersection of
Clybourn and North Avenue in Chicago. The plaintiff argues the circuit court erred in barring
use of photographs of the intersection and of the defendant’s vehicle model grounded on the
plaintiffâ... More...   $0 (11-09-2011 - IL)

Department Of Transportation sued Belle Isle Community Church, Inc. on an eminent domain theory seeking to acquire certain rights, title and interests from Defendant by condemnation for public use. The property involved was locate don the east side of Highway 71/Portland Avenue, south of N.W. 150th Street. The date of taking was February 14, 2008.

The commissioners appointed by the Court... More...   $1020000 (11-07-2011 - OK)

In this original proceeding under C.A.R. 21, we review the trial court‟s order granting Wal-Mart a new trial based on a purportedly untimely disclosure and a jury verdict that allegedly was not supported by the evidence and instead was the result of prejudice. We hold that the trial court abused its discretion in holding that Holly Averyt‟s attorney violated discovery rules when he failed to d... More...   $10000000 (11-07-2011 - CO)

Lacauna Adams, on behalf of her minor son D.J.W., appears pro se seeking review of the district court’s judgment affirming the Social Security Commissioner’s denial of D.J.W.’s application for Supplemental Security Income (SSI) benefits. Although neither side raises the issue, we conclude, for the reasons set forth below, that Ms. Adams may proceed pro se on behalf of her minor child to chal... More...   $0 (11-01-2011 - OK)

The State of Oklahoma, ex rel. Department of Transportation sued Oakbrook Investments, LLC, Grand Bank Freeman Motor Sports, Deborah Engles, Lamar Companies and Tulsa County Treasurer on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by Defendants for public purposes.

Jim Clark, Mick Cradick and Gary Fleener were appointed by the Court ... More...   $428333 (10-31-2011 - OK)

The City of Oklahoma City sued Paul Friedman, Susan Dye Friedman, Garry Friedman, Patricia Friedman and Marilyn Friedman on eminent domain theories seeking to acquire certain rights, title and interests in real property owned by them in Cleveland County, Oklahoma for public use in widening a street.

The Commissioners appointed by the Court awarded Defendants $3,000.00.... More...   $14500 (10-31-2011 - ok)

Oklahoma Gas and Electric Company sued Isabel Loosen Rein, Inc. and others on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendant for Plaintiff's use in its business in Canadian County to build and maintain an electrical transmission line.

The Commissioners appointed by the Court awarded Defendant $51,700.00.More...   $140640 (10-31-2011 - OK)

¶1 The Utah Department of Transportation (UDOT) condemned real property belonging to Admiral Beverage Corporation (Admiral) as part of the reconstruction of the Interstate 15 freeway (I-15). Admiral is entitled to compensation from the state for the taking of its property. In the district court, Admiral sought to introduce evidence of the fair market value of its property, including evidence of i... More...   $0 (10-18-2011 - UT)

Appellant Town of Flower Mound, Texas, attempts to bring an interlocutory appeal of the Denton County Probate Court’s denial of its plea to the jurisdiction in favor of Appellee Mockingbird Pipeline, L.P. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008). We dismiss the appeal for want of jurisdiction.

II. Factual and Procedural Background

Mockingbird, a gas corpo... More...   $0 (10-13-2011 - OK)

The question presented is whether plaintiff, Nicholas Laboratories, LLC (Nicholas Labs), is required to “indemnifyâ€� its ex-employee, defendant Christopher Chen, for attorney fees incurred by Chen during his successful defense of an action brought by Nicholas Labs. The trial court rejected Chen‟s assertion that various statutory (Lab. Code, § 2802, subd. (a); Corp. Code, § 317, subd. (d)) a... More...   $0 (10-12-2011 - CA)