Eminent Domain Law
 
State of Oklahoma, ex rel. Department of Transportation v. Garland Boyd

The State of Oklahoma, ex rel. Department of Transportation sued Garland Boyd aka Garland Boyd, Jr. and Patricia L. Boyd, husband and wife, Trustees of the Garland Boyd and Patricial L. Boyd Revocable Trust dated April 23, 1993; Ralph V. Bell, III and Margie Bell, husband and wife and the Rogers County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title an... More...   $94000 (10-12-2011 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Kevin Lee King

State of Oklahoma, ex rel. Department of Transportation sued Kevin Lee King, Cathey Darlene King, Bank of Oklahoma, N.A. and Rogers County on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in properties owned by Defendants or upon which they had liens or claims for public purposes.

The Court appointed Jack Crosson, Kathy Geyer and Rick Thoma... More...
   $44250 (10-11-2011 - OK)

Michael Arken v. City of Portland

2 These two cases are before this court on certified appeals from the Court of
3 Appeals. ORS 19.405. Both cases involve the Public Employees Retirement Board's
4 (PERB or the Board) revision or reduction of benefits with respect to so-called "Window
Retirees."1 5 These cases involve the Board's efforts to recoup overpayments of benefits to
6 retirees that were predicated on a 20 p... More...
   $0 (10-06-2011 - OR)

Gary Myers v. W. Stephen Dee

¶1 Gary Myers filed this action in the District Court for the First Judicial District, Lewis and Clark County, seeking to condemn a strip of land owned by Stephen and Victoria Dee (the Dees) to create a private road allowing access to property owned by Myers. The court granted the Dees’ Motion for Summary Judgment and Myers appeals. We affirm.

¶2 Myers raises two issues on appeal which ... More...
   $0 (10-04-2011 - MT)

Oklahoma Gas and Electric Company v. Star C Land & Cattle Company

Oklahoma Gas and Electric Company sued Star C Land & Cattle Company on an eminent domain theory seeking to acquire by condemnation an easement across Defendant's property to construct and improve a power line.

Commissioners appointed by the Court awarded Defendant $251,200 in damages.

Both parties demanded a jury trial on the issue of damages.... More...
   $200000 (09-30-2011 - OK)

Friends of Polk County v. Robert W. Oliver

2 Petitioners Friends of Polk County and Gloria Bennett (petitioners) appeal a
writ of review judgment.1 3 The judgment modified a decision of a Polk County hearings
4 officer that determined that claimant Martinson (claimant) had a vested right to develop a
5 30-acre portion of a 137-acre tract under section 5(3) of Ballot Measure 49 (2007), but
6 did not have a vested right to de... More...
   $0 (09-28-2011 - OR)

Robert B. Barton v. City of Norwalk

The defendant, the city of Norwalk, appeals from the judgment of the trial court denying its motion for summary judgment against the plaintiff, Robert B. Barton. The defendant claims that the court improperly concluded that the plaintiff’s inverse condemnation action was not precluded by (1) the existence of a judgment in a related eminent domain proceeding, (2) the doctrine of res judicata and ... More...   $0 (09-27-2011 - CT)

Rural Water District No. 4 v. City of Eudora, Kansas

This appeal arises out of a dispute between a city and a rural water district over their rights to serve customers in several recently annexed areas of Douglas County, Kansas. Rural Water District No. 4 (“Douglas-4” or “the District”) brought this suit against the city of Eudora under 42 U.S.C. § 1983, alleging the City violated Douglas-4’s exclusive right to provide water service to cu... More...   $0 (09-26-2011 - KS)

GoPets LTD. v. Edward Hise

The Anticybersquatting Consumer Protection Act (“ACPA”) prohibits “cybersquatters” from registering internet domain names that are identical or confusingly similar to registered service marks and trademarks. See 15 U.S.C. § 1125(d)(1). The prohibition contained in § 1125(d)(1) applies when a domain name is identical or confusingly similar to a mark that is distinctive “at the time of ... More...   $0 (09-22-2011 - Ca)

GoPets LTD. v. Edward Hise


The Anticybersquatting Consumer Protection Act
(“ACPA”) prohibits “cybersquatters” from registering internet
domain names that are identical or confusingly similar to registered
service marks and trademarks. See 15 U.S.C.
§ 1125(d)(1). The prohibition contained in § 1125(d)(1)
applies when a domain name is identical or confusingly similar
to a mark that is di... More...
   $0 (09-22-2011 - Ca)

Sony BMG Music Entertainment v. Joel Tenenbaum

Plaintiffs, the recording companies Sony BMG Music Entertainment, Warner Brothers Records Inc., Arista Records LLC, Atlantic Recording Corporation, and UMG Recordings, Inc. (together, "Sony"), brought this action for statutory damages and injunctive relief under the Copyright Act, 17 U.S.C. § 101 et seq. Sony argued that the defendant, Joel Tenenbaum, willfully infringed the copyrights of thirty ... More...   $0 (09-16-2011 - MA)

Pompano Beach Community Development Agency v. Jeffrey Holland

This appeal challenges the trial court’s application of section 73.092, Florida Statutes (2008), to award attorney’s fees in an eminent domain proceeding. The parties disagree on which of three writings constitute the “first written offer” under the statute. The trial court found that an unexecuted contract was the first written offer. We disagree and reverse. In 2004, the government1 soug... More...   $0 (09-14-2011 - FL)

State of Oklahoma, ex rel. Department of Transportation v. Rose Ann McCaw

State of Oklahoma, ex rel. Department of Transportation sued Rose Ann McCaw nka Rose Ann McCaw-Ransom and Peter Ransom, Wife and husband; Bank of Oklahoma, N.A.; RCB Bank South; and Rogers County Treasurer on an eminent domain theory seeking to condemn certain rights, title and interests in real property owned by the Ransoms and in which the other defendants claimed some interest for public use. <... More...   $190000 (09-13-2011 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Hazel Lorraine Evans

The State of Oklahoma, ex rel. Department of Transportation sued Hazel Lorraine Evans on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Evans.

The Court appointed Daris Stimson, Rick Thomas and Kathy Geyer as commissioners to appraise the value of the property taken and damages, if any, to the remainder. They report... More...
   $66000 (09-13-2011 - OK)

Mt. Holly Gardens Citizens In Action, Inc. v. Township of Mount Holly

Mount Holly Township (the “Township”) has proposed a redevelopment plan that would eliminate the existing homes in its Gardens neighborhood, occupied predominantly by low-income residents, and replace them with significantly more expensive housing units. Appellants, an association of Gardens residents organized under the name Mt. Holly Gardens Citizens in Action, and 23 current and former resi... More...   $0 (09-13-2011 - NJ)

Gina Fiore v. Anthony Walden

Federal law enforcement officers seized funds from passengers who were temporarily in the Atlanta airport changing planes. The travelers, Gina Fiore and Keith Gipson, explained that the funds were legal gambling proceeds, not evidence of drug transactions. Their story turned out to be true. Fiore and Gipson claim the seizure and later efforts to institute forfeiture proceedings were unconstitution... More...   $0 (09-12-2011 - NV)

Louis Voitton Malletier, S.A. v. Akanoc Solutions, Inc.

Louis Vuitton Malletier, S.A., sued Managed Solutions Group, Inc. (“MSG”), Akanoc Solutions, Inc., and Steven Chen (collectively “Defendants”)1 for contributory copyright and trademark infringement, contending that Defendants were liable for their role in hosting websites that directly infringed Louis Vuitton’s trademarks and copyrights. After a trial, a jury found Defendants liable and ... More...   $0 (09-12-2011 - CA)

State of Oklahoma, ex rel. Department of Transportation v. David James Harris

The State of Oklahoma, ex rel. Department of Transportation sued David James Harris; the Estate of Minnie Brunson, deceased, her successors and assigns; Bill Brunson; and Roberts County Treasurer on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by defendants or in which they might claim an interest by condemnation for public use.

The ... More...
   $117000 (09-06-2011 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Joleta Kay Ingersoll

State of Oklahoma, ex rel. Department of Transportation sued Joleta Kay Ingersoll and Larry Dean Spurlock on eminent domain theories seeking to acquire property owned by them by condemnation for public use.

The Commissioners appointed by the Court to appraise the property awarded Defendants $106,500. ... More...
   $277000 (08-31-2011 - OK)

Yvonne Como v. City of Beaumont, Texas

This is an appeal from the trial court‟s dismissal of a suit based on a city‟s claim of sovereign immunity. The City of Beaumont declared Yvonne Como‟s commercial building a public nuisance and condemned the property. Como did not challenge the condemnation by filing a writ of certiorari, but she sued the City more than one year after the City demolished the building. The trial court granted... More...   $0 (08-31-2011 - TX)

Rick D. Lange v. Inova Capital Funding, LLC

This case concerns the bankruptcy estate of Qualia Clinical Service, Inc. (“Qualia”). The estate’s Chapter 7 Trustee (“Trustee”) seeks to avoid as a preferential transfer a security interest recorded by one of Qualia’s creditors shortly before the bankruptcy petition. The bankruptcy court2 and the Bankruptcy Appellate Panel of this court (“BAP”) held the security interest avoidable... More...   $0 (08-30-2011 - MO)

Todd M. Chism v. Washington State

This civil rights action under 42 U.S.C. § 1983 arises from an internet child pornography investigation by Washington State Police (WSP) Officers Rachel Gardner and John Sager (“the officers”). As a result of information the officers acquired, Todd Chism became the focus of their investigation.

Gardner prepared an affidavit in support of a search warrant application, which Sager review... More...
   $0 (08-25-2011 - WA)

City of Rio Rancho v. SMREP Southwest, Inc.

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same reco... More...   $0 (08-22-2011 - NM)

State of Oklahoma, ex rel. Department of Transportation v. Ricardo L. Smith

The State of Oklahoma ex rel. Department of Transportation sued Ricardo L. Smithand Corina B. Smith on an eminent domain theory seeking to condemn property owned by Defendants for a public highway improvement.... More...   $2175 (08-19-2011 - OK)

Marion Energy, Inc. v. KFJ Ranch Partnership

¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits... More...   $0 (08-19-2011 - UT)

Next Page

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