Eminent Domain Law
 
In the Matter of the Equalization Appeal of KANSAS STAR CASINO, L.L.C. for the Year 2013 in Sumner County, Kansas

As this court explained in detail in In re Equalization Appeal of Kansas Star Casino, 52 Kan. App. 2d 50, 52-55, 362 P.3d 1109 (2015), rev. denied 307 Kan. ___ (December 20, 2017), Kansas Star is one of four state-sponsored gaming enterprises in Kansas and is located in the south central gaming zone. In April 2007 the Kansas Legislature enacted K.S.A. 74-8733 et seq., the Kansas Expanded Lottery A... More...   $0 (06-12-2018 - KS)

Mon Htaw v. State of Indiana Indiana Court of Appeals

The evidence most favorable to the judgment shows that on November 12,
2016, Mon Htaw rushed home from work when her sister Mon Sorn called her
after an altercation with their roommate, Ma Suu. Followed by Sorn, Htaw
stormed into Suu’s room, and Suu recorded a video using her phone when she
noticed Htaw’s angry demeanor. Htaw yelled at Suu, and Htaw and Sorn
punched Suu ... More...
   $0 (06-08-2018 - IN)

United States of America v. Ross Colby Northern District of California Federal Courthouse - San Jose, California

San Jose, CA Richmond Resident Convicted Of Hacking Into Online Newspaper’s Account And Causing Damage

Defendant redirected corporate email and canceled web domains

A federal jury returned a verdict on June 6, 2018 against Ross Colby, finding him guilty of three counts of computer intrusion, one count of attempting to damage a protected computer, and one count of intentionally da... More...
   $0 (06-08-2018 - CA)

State of Oklahoma ex rel. Department of Transportation v. Daniel G. Kamin Sand Springs I, LLC, Colonial Penn Life Insurance Company, Wal-Mart and Tulsa County Board of Commissioners Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Tulsa, OK - State of Oklahoma ex rel. Department of Transportation sued Daniel G. Kamin Sand Springs I, LLC, Colonial Penn Life Insurance Company, Wal-Mart and Tulsa County Board of Commissioners on an eminent domain theory seeking to obtain certain rights, title and interests in real property for public use.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: DEPARTMENT OF TRANSPORTA... More...
   $93700 (06-05-2018 - OK)

Verisign, Inc. v. XYZ, L.L.C. United States Court of Appeals for the Fourth Circuit

This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. § 1117(a), which allows a court to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” For the reasons that follow, we hold that a prevailing party need only prove an exceptional case by a preponderance of the evidence, rather than by clear and convincing evidence... More...   $0 (05-29-2018 - VA)

Yvonne Reid v. City of San Diego

A. Legal Background—The Procedural Ordinance and 2008 Assessment
Under the Property and Business Improvement District Law of 1994 (PBID of
1994) (Sts. & Hy. Code,2 §§ 36600 et seq.), private property owners in a geographical
area can initiate formation of a business improvement district to assess themselves fees to
be spent promoting their businesses. (See Epstein v. Hollywood Ente... More...
   $0 (05-28-2018 - CA)

New West, L.P. v. City of Joliet, Illinois, et al. Northern District of Illinois Courthouse - Chicago, Illinois

This is the fourth published
appellate opinion in a long-running dispute between New
West and the City of Joliet. New West filed this suit in March
2005, contending that the City had interfered with the way in
which it set rents at the Evergreen Terrace apartment complex
under the national government’s mark-to-market program
for rates at subsidized apartments. New West also... More...
   $0 (05-23-2018 - O:)

MICHAEL SKAKEL v. COMMISSIONER OF CORRECTION

The facts of this tragic case, which arises out of events that transpired more than forty years ago, are set forth in considerable detail in the habeas court’s memorandum of decision and in this court’s decision on the petitioner’s direct appeal.2 See State v. Skakel, supra, 276 Conn. 640–53. For present purposes, we focus our attention on those facts and procedural history that are most relevant ... More...   $0 (05-05-2018 - FL)

Barry Edward Ellis vs State of Florida

In this direct criminal appeal, Ellis claims that the trial court erred in denying his motion for judgment of acquittal on the charge of aggravated fleeing or attempting to elude “a law enforcement officer in an authorized law enforcement vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated” pursuant to section 316.19... More...   $0 (05-04-2018 - FL)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu... More...
   $0 (04-30-2018 - CA)

STATE OF NEW JERSEY v. JOHN WHITE

Defendant appeals from his convictions of second-degree
unlawful possession of a weapon, N.J.S.A. 2C:39-5(b); third-degree
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other ca... More...
   $0 (03-31-2018 - NJ)

Pharrell Williams v. Frankie Christian Gaye Central District of California Federal Courthouse - Los Angeles, California

After a seven-day trial and two days of deliberation, a jury found that Pharrell Williams, Robin Thicke, and Clifford Harris, Jr.’s song “Blurred Lines,” the world’s best-selling single in 2013, infringed Frankie Christian Gaye, Nona Marvisa Gaye, and Marvin Gaye III’s copyright in Marvin Gaye’s 1977 hit song “Got To Give It Up.” Three consolidated appeals followed.

Appellants and Cross-A... More...
   $0 (03-29-2018 - CA)

STATE OF NEW MEXICO v. NOE TORRES

In the early hours of September 15, 2005, nine shots were fired through a
3 bedroom window of an apartment in Clovis, killing ten-year-old Carlos Perez. Carlos
4 had been sleeping in the bedroom he shared with his older brother, the intended
5 victim, seventeen-year-old Ruben Perez.
6 {4} That night there were two distinct groups of actors involved in the shooting:
7 one group... More...
   $0 (03-17-2018 - NM)

John William King v. Lorie Davis Eastern District of Texas Federal Courthouse - Beaumont, Texas

John William King was convicted and sentenced to death by a Texas jury for the capital murder of James Byrd. After his direct appeal and state habeas applications failed, King sought federal habeas relief. The district court denied King’s petition. This court then granted a certificate of appealability on one claim: that King’s trial counsel was constitutionally ineffective in presenting the case ... More...   $0 (03-15-2018 - TX)

City of Chicago, ex rel. Aaron M. Rosenberg v. Reflex Traffic Solutions, Inc. and Redflex Holdings, Ltd. Northern District of Illinois Courthouse - Chicago, Illinois

In this classic case of chutzpah,
Aaron Rosenberg, a former employee of Redflex Traffic
Systems, Inc. (RTSI), seeks a share of the proceeds his former
employer paid the City of Chicago to settle the case against it
arising out of the fraud Rosenberg helped perpetrate. In a
thorough decision, the district judge concluded that Rosenberg
was neither the original source of the ... More...
   $0 (03-12-2018 - IL)

Evan Weiss v. The People ex rel. Department of Transportation


Plaintiffs sued defendants People ex rel. Department of Transportation
(CalTrans), and Orange County Transportation Authority (OCTA; collectively,
Agencies), for inverse condemnation and nuisance. The complaint alleged a freeway
sound wall the Agencies built directly across the freeway from Plaintiffs’ homes
increased the noise and dust Plaintiffs experienced, interfered with ... More...
   $0 (03-04-2018 - CA)

Clayton Byrd v. Tennessee Wine and Spirits Retailers Association Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Defendant-Appellant Tennessee Wine and Spirits Retailers Association (“Association”) appeals the district court’s order granting summary judgment regarding § 57-3-204(b) of Tennessee Code Annotated. Under § 57-3-204(b), to
receive a retailer-alcoholic-beverages license, a person, corporation, or firm needs to be a
Tennessee resident for at least two years, and to renew a license, there is ... More...
   $0 (02-26-2018 - TN)

Solas Industrial Innovation, LLc v. The Superior Court of Orange County, The People, Real Party in Interest

The Orange County District Attorney brought an action for civil penalties
under this state’s unfair competition law (UCL; Bus. & Prof. Code, § 17200) and
fair advertising law (FAL; id., § 17500) against an employer. The action alleged
the employer violated workplace safety standards established by the state
occupational safety and health law (Cal/OSHA; Lab. Code, § 6300 et seq.) an... More...
   $0 (02-11-2018 - CA)

Maria J. Barahona, et al. v. Union Pacific Railroad Central District of California Federal Courthouse - Los Angeles, California

For more than half a century, the Union Pacific Railroad
(“Union Pacific”) has leased land under 1,800 miles of its
right of way to Santa Fe Pacific Pipelines, L.P. (“SFPP”),
which uses the land for a petroleum pipeline. In a suit by
landowners challenging Union Pacific’s ability to lease the
land, the district court held that (1) the acts of Congress
conferring the right o... More...
   $0 (02-09-2018 - CA)

United States of America v. Peteris Sahurovs aka Piotrek and Sagade The Leading Provider of Fully Equipped, Ready To Use Office Space worldwide. 1-877-317-8269

Minneapolis, MN - Latvian National Pleads Guilty to “Scareware” Hacking Scheme That Targeted Minneapolis Star Tribune Website

A Latvian man pleaded guilty on February 6, 2018 in Minneapolis for participating in a lucrative “scareware” hacking scheme that targeted visitors to the Minneapolis Star Tribune’s website.

Peteris Sahurovs aka Piotrek and Sagade, 28, pleaded guilty to o... More...
   $0 (02-07-2018 - MN)

Grand Mesa Pipeline LLC v. Donna Elizabeth Ward Payne County Courthouse - Stillwater, Oklahoma

Stillwater, OK - Grand Mesa Pipeline LLC used Donna Elizabeth Ward on an eminent domain theory seeking to acquire certain rights, title and interests in real property owned by her for the construction of a pipeline.

Docket
Date Code Description Count Party Amount
08-17-2015 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
08-17-2015 CONDEMN ... More...
   $0 (02-05-2018 - OK)

Oklahoma Department of Transportation v. Broken Arrow Partnership, LLC, et al. Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Tulsa, OK - The Oklahoma Department of Transportation sued Broken Arrow Partnership, LLC, et al. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by the defendants for public use.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: DEPARTMENT OF TRANSPORTATION
Filed Date: 12/17/2008
Party Name Disposit... More...
   $0 (02-02-2018 - OK)

Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const... More...
   $0 (02-02-2018 - PA)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy
Commission) is the state agency exclusively empowered to license thermal power plants
of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City
of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364–
365 (Sonoma).)1
Indeed, pursuant to section 25... More...
   $0 (01-20-2018 - CA)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

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