Eminent Domain Law
 
Dahir Lands, LLC v. American Transmission Company, L.L.C.

¶1 BLANCHARD, J. This case raises the question of the procedural steps that clerks of circuit courts are required to take in order to trigger the deadline for a landowner to appeal a just compensation award issued by a condemnation commission. The narrow issue presented is whether a clerk of circuit court needs to comply strictly with the notice requirements in Wis. Stat. § 32.06(8)[1... More...   $0 (11-11-2010 - WI)

County of Hawai'i v. C&J Coupe Family Limited Partnership

This case arises from two condemnation actions brought by Plaintiff-Appellee County of Hawai‘i (Appellee or the County). In both actions Appellee sought to condemn property belonging to Defendant-Appellant C&J Coupe Family Limited Partnership (Appellant) (1) for use as a public highway (Bypass). (2) 1250 Oceanside Partners (Oceanside), a development company that was to build the Bypass through a... More...   $0 (11-10-2010 - HI)

Maria M. Gonzalez v. State of Arizona

Proposition 200 requires prospective voters in Arizona to present documentary proof of citizenship in order to register to vote, Ariz. Rev. Stat. §§ 16-152, 16-166, and requires registered voters to present proof of identification in order to cast a ballot at the polls, Ariz. Rev. Stat. § 16-159. This appeal raises the questions whether Proposition 200 violates the Voting Rights Act § 2, 42 U.... More...   $0 (10-29-2010 - )

State of Oklahoma, ex rel. Department of Transportation v. Donald G. Cooper

The State of Oklahoma, ex rel. Department of Transportation sued Donald G. Cooper, Kenneth Jones and Dortha Jones on an eminent domain theory seeking to acquire certain rights, title and interests in property owned by Defendants by condemnation.

Dale Keele, Jim Clark and Jan Gordon were appointed commissioners to make an initial assessment of the damages sustained by Defendants as a resu... More...
   $600000 (10-19-2010 - OK)

Richard W. Bly v. Tamara L. Story

In this private condemnation action for a non-exclusive access easement across an existing driveway, we are charged with determining what level of specificity a petition for condemnation must contain and whether the trial court erred in excluding valuation evidence based on a particular appraisal method. We review the court of appeals’ decision in Story v. Bly, 217 P.3d 872 (Colo. App. 2008).1... More...   $0 (10-18-2010 - CO)

Dawn S. Sherman v. Dr. Christopher Koch

In 2007, Illinois amended Section 1 of the Silent Reflection and Student Prayer Act making mandatory a period of silence in public schools; prior to this amendment, teachers had the option of observing a period of silence at the beginning of the school day. After the Illinois legislature amended Section 1, Dawn Sherman, through her father, Robert I. Sherman, sued Christopher Koch in his official c... More...   $0 (10-15-2010 - IL)

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

¶1 Plaintiff/Appellee, the Oklahoma Department of Transportation (ODOT), filed a petition June 17, 2005, to acquire a portion of Defendant/Appellant Hazel Lorraine Evans' (Evans or Landowner) property, through eminent domain for the purpose of improvement and expansion of Highway 20 in Rogers County. Evans filed an exception to the Commissioners' Report on the grounds that it was in derogation of... More...   $0 (10-14-2010 - OK)

Pensacola Motor Sales, Inc. v. Eastern Shore Toyota, L.L.C.

Pensacola Motor Sales, Inc. sued Shawn Esfahani, Daphne Enterprises, Inc., and Eastern Shore Toyota, L.L.C. on an Anti-cybersquatting Consumer Protection Act violation theory claiming that Defendant wrongfully bought a "Bob Tyler Toyota". domain names. Esfahani purchased 14 Internet domain names with "Bob Tyler" or other variations on the name with the intent to misdirect people to his Eastern Sho... More...   $0 (10-01-2010 - FL)

Dana Brewster v. D. Steven Brewster

¶1 Defendants D. Steven Brewster (Steven), Gary B. Brewster (Gary), and Millcreek Coffee Airport, LLC (the Airport LLC) seek interlocutory review of the trial court's denial of Millcreek Coffee Roasters Corporation's (Roasters) motion to dismiss the derivative action brought by Plaintiff Dana Brewster (Dana). We reverse.

BACKGROUND

¶2 Roasters was formed in 1996 by Steven and D... More...
   $0 (09-23-2010 - UT)

Albert W. Florence v. Board of Chosen Freeholders of the County of Burlington

This interlocutory appeal requires us to decide whether it is constitutional for jails to strip search arrestees upon their admission to the general population. Although the question is one of first impression for this Court, the Supreme Court’s decision in Bell v. Wolfish, 441 U.S. 520 (1979), and the many cases that followed it inform our analysis.

In Bell, the Supreme Court rejected a ... More...
   $0 (09-21-2010 - NJ)

Binyam Mohamed v. Jeppesen Dataplan, Inc.

This case requires us to address the difficult balance the state secrets doctrine strikes between fundamental principles of our liberty, including justice, transparency, accountability and national security. Although as judges we strive to honor all of these principles, there are times when exceptional circumstances create an irreconcilable conflict between them.

On those rare occasions, we... More...
   $0 (09-09-2010 - CA)

Lower Makefield Township v. The Lands of Chester Dalgewicz

Lower Makefield Township (Township) appeals from the order of the Court of Common Pleas of Bucks County (trial court) which denied its motion for post trial relief following a jury verdict in this Eminent Domain case. The jury awarded the Dalgewicz family (Condemnees) $5,850,000 as just compensation for the taking of their 166-acre farm (Property) on December 6, 1996, for construction of a golf co... More...   $0 (09-01-2010 - PA)

Sylvia Spencer v. World Vision, Inc.

We must decide whether a faith-based humanitarian organization is exempt from Title VII’s prohibition against religious discrimination.

I

Silvia Spencer, Ted Youngberg, and Vicki Hulse were terminated by World Vision, Inc. (“World Vision”) on account of their religious beliefs. Religious discrimination is, of course, barred by Title VII of the Civil Rights Act. See 42 U.S.C... More...
   $0 (08-23-2010 - WA)

Dallas Area Rapid Transit v. Oncor Electric Delivery Company, L.L.C.

Oncor Electric Delivery Company LLC (“Oncor”) filed an eminent domain proceeding against appellants, Dallas Area Rapid Transit (“DART”) and Fort Worth Transportation Authority (“The T”), to take an easement for an electrical transmission line. Appellants filed a plea to the jurisdiction based on governmental immunity, which, after a hearing, the trial court denied. We reverse the trial... More...   $0 (07-29-2010 - TX)

Wisconsin Medical Society, Inc. v. Michael L. Morgan

This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).[1] As part of the 2007-2009 state budget, 2007 Wis. Act 20 (the Act), the legislature transferred $200 million from the Injured Patients and Families Compensation Fund (the Fund) to the Medical Assistance Trust Fund (MATF). 2007 Wis. Act 20, § 9225. To implement the Act, ... More...   $0 (07-20-2010 - WI)

John G. Voris v. Middlesex Mutual Assurance Company

The plaintiffs, John G. Voris and Joan Voris, appeal1 from the summary judgment rendered by the trial court in favor of the defendants, Middlesex Mutual Assurance Company (Middlesex) and Middle Oak Company (Middle Oak), in the plaintiffs’ action seeking a declaration requiring the defendants to provide the plaintiffs with underinsured motorist benefits. This case presents three issues on appeal,... More...   $0 (07-20-2010 - CT)

City of Amherst v. Janet and Gerald Eschtruth

The City of Amherst, Ohio sued Janet and Gerald Eschtruth on an eminent domain theory seeking to acquire by condemnation a few feet of land near an underground pump station off West Ridge Road, then upped the amount to $20,000 to avoid taking the matter to trial after the Eschtruths declined the initial offer and countered with $500,000 for the land. The City renovated a pumping station and in th... More...   $0 (07-16-2010 - OH)

John Gacek v. American Airlines, Inc.

A former baggage handler for American Airlines filed this diversity suit against the airline for retaliatory discharge in violation of the Illinois Workers’ Compensation Act, 820 ILCS 305/4(h). The district court granted summary judgment for the airline, precipitating this appeal, which involves the applicability of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802- 03 (1973), to a suit based ... More...   $0 (07-15-2010 - IL)

State ex rel. Edmondson v. Native Wholesale Supply

¶1 This appeal presents two dispositive issues for the court's resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the C... More...   $0 (07-06-2010 - OK)

Paul Bonington v. Town of Westport

The plaintiffs, Paul Bonington and Julie Bonington, appeal1 from the summary judgment rendered in favor of the defendants, the town of Westport (town), the town’s planning and zoning department (department) and three department employees (individual defendants)2 in the plaintiffs’ negligence action. The plaintiffs had sought to recover litigation expenses they incurred in bringing an action ag... More...   $0 (07-06-2010 - CT)

State of Oklahoma ex rel. W.A. "Drew" Edmondson v. Native Wholesale Supply

¶1 This appeal presents two dispositive issues for the court's resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the C... More...   $0 (07-06-2010 - OK)

McDonald, et al. v. City of Chicago

Two years ago, in District of Columbia v. Heller, 554 U. S. ___ (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of Columbia law that banned the possession of handguns in the home.The city of Chicago (City) and the village of Oak Park, a Chicago suburb, have laws that are similar to the District of Col... More...   $0 (06-28-2010 - IL)

Jackie Atkins v. United States Steel Workers of America, AFL-CIO, CLC, Local 187

{1} In virtually all claims sounding in tort, our common law permits punitive damages where appropriate to punish outrageous conduct and to deter similar conduct in the future.

Similarly, in New Mexico all labor unions owe a common-law duty of fair representation (also referred to herein as “DFR”) to their members and are subject to suit for breach of that duty. In the case at bar, we a... More...
   $0 (06-22-2010 - MN)

Johnny and Patty Lafalier v. The Lead-Impacted Communities Relocation Assistance Trus

¶1 The questions presented in this appeal are (1) whether section 2205 of the Lead-Impacted Communities Relocation Assistance Act1 is unconstitutional, (2) whether section 2203(M) of the Lead-Impacted Communities Relocation Assistance Act is unconstitutional, and (3) whether section 307(D) of the Oklahoma Open Meeting Act (Open Meeting Act)2 authorizes a public body subject to its provisions to a... More...   $0 (06-22-2010 - OK)

Aexco Petroleum, Inc. v. James Niles

Aexco Petroleum, Inc. sued James Niles and Mary Kay Nile on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests from Defendants for its use.

Defendants attacked Plaintiff's right to condemn their property.... More...
   $0 (06-14-2010 - OK)

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AK Morlan
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