Eminent Domain Law
 
Hope DiCampli-Mintz v. County of Santa Clara

Plaintiff Hope DiCampli-Mintz brought this action alleging that she suffered injuries as a result of negligent medical treatment by two physicians working for the County of Santa Clara (County) at its Valley Medical Center (Valley Medical). County moved for summary judgment on the ground that plaintiff‘s delivery of a notice of claim to the Risk Management Department at Valley Medical did not co... More...   $0 (05-26-2011 - CA)

Scott N. Waller v. American Transmission Co., LLC

Scott and Lynnea Waller had part of their property taken by American Transmission Co. (ATC) to allow ATC to construct a high voltage transmission line. The Wallers filed an action under Wis. Stat. § 32.06(5) (2009-10)[1] contesting the partial taking, alleging that their property after the taking was an “uneconomic remnant” as defined in § 32.06(3m).

¶2 This appeal addresses ... More...
   $0 (05-25-2011 - WI)

The Lamar Company, LLC v. Country Side Restaurant, Inc.

The Lamar Company, LLC, d/b/a Lamar Outdoor Advertising, appeals from the circuit court’s final order that $120,000 on deposit with the Clerk of the Circuit Court of Winnebago County shall be disbursed to Country Side Restaurant, Inc. We affirm the order.

¶2 Lamar owns an outdoor advertising billboard formerly located on premises owned by Country Side. Lamar leased space for the... More...
   $0 (05-25-2011 - WI)

Downing/Salt Pond Partners, L.P., v. State of Rhodes Island and Providence Plantations et al.,

Downing/Salt Pond Partners, L.P., frustrated by two state agencies' restrictions on its development of a coastal residential subdivision in Narragansett, Rhode Island, appeals the district court's dismissal of its federal takings claims under the Supreme Court's ripeness requirements for such claims, set forth in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 ... More...   $0 (05-23-2011 - RI)

Garrett Operators, Inc., and George Thomas Cox v. City of Houston

Appellants Garrett Operators, Inc. and George Thomas Cox appeal the trial court’s grant of appellee City of Houston’s plea to the jurisdiction on all of appellants’ claims and of the City of Houston’s objections to appellants’ discovery requests and deposition notice. In five issues, appellants argue the trial court erred by (1) dismissing Garrett Operators’ inverse condemnation claim... More...   $0 (05-12-2011 - TX)

Koch Industries, Inc. v. John Doe, 1-25

This matter is before the court on Defendants’ Motion to Quash Subpoenas, Issue Protective Order, and Dismiss Complaint. The court held a hearing on the motions on April 28, 2011. At the hearing, Plaintiff was represented by Juliette P. White and Judith Powell, and Defendants were represented by Deepak Gupta and Lester A. Perry. The court took the motion under advisement. The court has carefully... More...   $0 (05-11-2011 - UT)

City of Tulsa v. James A. Parker

The City of Tulsa sued James A. Parker on an eminent domain theory seeking to acquire by condemnation rights, title and interest in real property owned by defendant for public purposes.

The commissioners appointed by the Court awarded Defendant $55,000.00.... More...
   $1 (05-10-2011 - OK)

Robert E. Brenner v. City of New Richmond

Robert Brenner, Steven and Cristy Wickenhauser, and Allan and Susan Seidling (collectively, the Landowners) appeal an order dismissing their Wis. Stat. § 32.10 petition for inverse condemnation proceedings.[1] The Landowners argue the circuit court applied the wrong legal standard when it concluded that there was no taking because the Landowners were not deprived of all or practically all benef... More...   $0 (05-10-2011 - WI)

Samuel R. Watkins v. United States Bureau of Customs and Border Protection

Appellant, Samuel Watkins (“Watkins”), a copyright and trademark attorney, appeals pro se the district court’s summary judgment in favor of the United States Bureau of Customs and Border Protection (“CBP”) in his eight Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, requests for 19 C.F.R. § 133.21(c) Notices of Seizure of Infringing Merchandise (“Notices of Seizure” or “... More...   $0 (05-06-2011 - WA)

Jason Wright v. Compgeeks.com d/b/a Computer Geeks

Russell A. Cline and Crippen & Cline L.C. appeal from the district court’s order awarding attorney’s fees to CompGeeks.com, a California corporation doing business as Computer Geeks, as a sanction under Fed. R. Civ. P. 11, the local rules, and the court’s inherent powers. Exercising jurisdiction under 28 U.S.C. § 1291, we vacate the sanction award and remand for further proceedings.

... More...
   $0 (05-04-2011 - UT)

The City of Houston v. Maguire Oil Company

The City of Houston appeals from a judgment in favor of Maguire Oil Company and others[1] arising from an inverse condemnation claim predicated on the erroneous invocation of an inapplicable city ordinance to revoke Maguire’s natural gas drilling permit. We affirm the trial court’s judgment.

Background

The fight over Maguire’s thwarted effort to drill for natural gas near Lake... More...
   $0 (05-03-2011 - TX)

Concerned Dog Owners of California v. City of Los Angeles

In 2008, the City of Los Angeles (City) passed an ordinance amending section 53.15.2 of the Los Angeles Municipal Code (Ordinance) to require all dogs and cats within the City to be spayed or neutered unless one of the listed exemptions is met. The City adopted the Ordinance with the intent of controlling the rising pet population in the City. Appellants Concerned Dog Owners of California, Cathie ... More...   $0 (04-29-2011 - CA)

City of North Richland Hills v. Home Town Urban Partners, Ltd.

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental... More...   $0 (04-28-2011 - TX)

Lawton Urban Renewal Authority v. Jerome Pope

Lawton Urban Renewal Authority sued Jerome Pope and others on an eminent domain theory seeking to acquire by condemantion certain rights, title and interest in Defendants' property. ... More...   $1 (04-20-2011 - OK)

Newport News Holdings Corporation v. Virtual City Vision Incorporated, d/b/a VCV, Inc.

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r... More...
   $0 (04-18-2011 - VA)

City of Enid v. Marsau Enterprises, Inc.

The City of Enid sued Marsau Enterprises, Inc. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendant for public use.

The Commissioners appointed by the Court awarded Defendant $10,000. ... More...
   $10000 (04-12-2011 - OK)

Southland Lloyds Insurance Company v. David Onofre Cantu

On April 4, 2004, David and Guadalupe Cantu’s house was damaged in a hailstorm. The Cantus’ house was insured under a policy with Southland Lloyds Insurance Co. Southland sent an independent adjustor, Bobby Arnold, to the Cantus’ home to inspect the damage on April 13, 2004. On April 27, 2004, Southland mailed to the Cantus a copy of Arnold’s repair estimate and a letter advising them t... More...   $0 (04-05-2011 - TX)

Bob & Sherri Bahr v. Jim & Melodee Imus v.

¶1 Rob and Sherri Bahr and Ione Senn (the “Bahrs”) filed this suit to challenge the location of the boundary between their residential property and that of their neighbors, Jim and Melodee Imus.

The district court entered summary judgment in favor of the Imuses, concluding that the Bahrs were precluded from challenging the boundary established by a fence on the property under the doctr... More...
   $0 (04-01-2011 - UT)

Harold Selman v. Box Elder County

¶1 Fred, Laura, and Bret Selman, petitioners in this case, are principals of Harold Selman, Inc. (collectively, the “Selmans”). The Selmans own property that is bisected by the border of Box Elder County and Cache County. Running through the property is a trail that connects the cities of Mantua and Paradise. In 2007, both counties passed resolutions designating the trail as a county road. Sh... More...   $0 (03-29-2011 - UT)

Bernard and Silvana Roseman v. Brooktrails Township Community Services District

A jury awarded homeowners of a lakefront Poppy Lane home a $265,000 settlement against Brooktrails Township Community Services District this month. Brooktrails staff is still reviewing possible options, which must then be reviewed with the board of directors.

The suit stemmed from the district's decision in 2006 to raise the Lake Emily dam height by 3 feet to 1,571 feet in elevation. The ch... More...
   $2500000 (03-27-2011 - CA)

The City of Enid, Oklahoma v. Larisa L. Toy

The City of Enid, Oklahoma sued Larisa L. Toy, John Lipor, Bank of America, N.A., and the Board of Commissioners of on Garfield County on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real owned by Defendant or in which they held some interest.

The commissioners appointed by the Court awarded the Defendants $3,500 which was deposited with ... More...
   $3500 (03-25-2011 - OK)

Ernestine Ching Young v. City and County of Honolulu

We are called upon to decide whether the City of Honolulu violated the Contracts Clause of the United States Constitution when it repudiated several agreements to convey property to private citizens in connection with its leasehold conversion program.

I

A

In 1991, the City and County of Honolulu (the “City”) enacted an ordinance, later codified at Chapter 38 of the Revised... More...
   $0 (03-22-2011 - HI)

Alto Eldorado Partnership, L.L.C. v. The County of Santa Fe

Developers owning property in the County of Santa Fe, New Mexico, (“County”) brought a lawsuit challenging as unconstitutional under the Takings Clause an ordinance requiring the provision of affordable housing in new subdivisions. The district court dismissed the complaint on ripeness grounds and the developers appealed. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court AFFIRM... More...   $0 (03-21-2011 - )

Department of Transportaion v. Waffle House

The Oklahoma Department of Transportation sued Waffle House, M & M Waffles, L.L.C. and the Tulsa County Treasurer on eminent domain theories seeking to acquire certain rights, title and interests in property owned by Defendants.

The Commissioners appointed by the Court awarded Defendants $1,084,598.00.

The nature and extent of the property acquired is not available.... More...
   $1000000 (03-18-2011 - OK)

BNSF Railway Co. v. Board of County Commissioners of Tulsa County

¶1 This is an appeal by BNSF Railway Company from an order of the Oklahoma Corporation Commission (Commission) granting the Board of County Commissioners for Tulsa County's (Board) application to open a railroad crossing.

BACKGROUND

¶2 To facilitate the development of an industrial park, the Board applied to the Commission for authorization to open a railroad crossing. The cost... More...
   $0 (03-16-2011 - OK)

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