Inverse Condemnation Law
 
Otay Mesa Property, L.P., et al. v. United States of America

Otay Mesa’s motion for attorneys’ fees comes before the Court after three trials, two appeals to the Federal Circuit, a stipulation to liability by the Government, and a final judgment awarding Otay Mesa $802,501.23. A detailed factual background and history of this case can be found in the Court’s previous opinions. See Otay Mesa Prop, L.P. v. United States, 779 F.3d 1315, 1327 (Fed. Cir. 2015)

More...   $1448185 (11-07-2015 - DC)

IN RE: NANCY J. MCCARTY ET AL. V. COVOL FUELS NO. 2, LLC

Covol Fuels (Covol) operates a coal mine in Muhlenberg County,
Kentucky. Covol contracted with H 8s B Builders for the construction of a post
frame structure at Covol's mine site. H 86 B subcontracted with Evansville
.Garage Doors for the installation of an 1,800-pound overhead, commercial
grade garage door for the building. David McCarty and Jeremy Means,
employees of Evans

More...   $0 (10-30-2015 - KY)

CASPER LODGING v. AKERS

On October 15, 2003, Robert Akers agreed to sell to James Koehler a
“turn key Eighty-Four (84) unit Holiday Inn Express” in Casper, Wyoming. The
purchase price was set at $4,850,400. The hotel was not yet built; therefore, the
parties executed a contract entitled “Improvement Purchase Agreement”
(Agreement). The Agreement “set forth the terms and conditions under which

More...   $0 (10-29-2015 - SD)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

In 2007, MHC applied for a permit with ACE to fill wetlands in the roadbed of a
proposed connector road in the Turkey Creek Watershed near Gulfport. MHC planned to use
wetland mitigation bank credits to offset the loss of wetland in the roadbed, but the
Mississippi Department of Environmental Quality (MDEQ), ACE, and the Environmental
Protection Agency (EPA) took issue with that s

More...   $0 (10-28-2015 - MS)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

When the Mississippi State Highway Commission (MHC) sought a permit from the
Army Corps of Engineers (ACE) to fill wetlands in the roadbed of a proposed limited-access
road, it pledged approximately 1,300 acres of Ward Gulfport Properties, L.P.’s and T. Jerard
Gulfport, L.L.C.’s (“Ward,” collectively) property as wetlands mitigation. ACE issued the
permit to MHC in 2009. Ward filed

More...   $0 (10-24-2015 - MS)

Leon Wilmoth, Manager, Safari Real Estate, LLC v. Southwest Arkansas Utilities Corporation

This appeal is from a judgment awarding compensation for the condemnation of a utility easement. On appeal, the landowner contends the circuit court erred by (1) entering an order of possession, ex parte, without any notice to it and thereby denying it the opportunity to respond or request a hearing; (2) excluding the testimony of certain witnesses who could not directly relate their testimony to

More...   $0 (03-15-2015 - AR)

Save Mt. Diablo v. Contra Costa County

Real parties in interest Ronald and Shirley Nunn bought a large tract of agricultural property in Contra Costa County. The tract was recorded as a single parcel, but it actually consisted of four separated parts of unequal size. These parts were formed years before the Nunns bought the property when a local agency acquired through eminent domain two narrow strips of land crossing the property an

More...   $0 (10-13-2015 - CA)

Preston A. Tate v. Herman Short

Petitioner accumulated fines of $425 on nine convictions in the Corporation Court of Houston, Texas, for traffic offenses. He was unable to pay the fines because of indigency1 and the Corporation Court, which otherwise has no jurisdiction to impose prison sentence,2 committed him to the municipal prison farm according to the provisions of a state statute and municipal ordinance3 whch required tha

More...   $0 (03-02-1971 - TX)

Maher Terminals LLC v. The Port Authority of New York

Although Maher Terminals, LLC (“Maher”) challenges the rent it must pay under its lease agreement (“the Lease”) with the Port Authority of New York and New Jersey (“the Port Authority”), this case is not a typical landlordtenant dispute. Maher, a landside marine terminal operator, asserts that the rent due under the Lease violates the U.S. Constitution’s Tonnage Clause, U.S. Const. art. I, § 10, c

More...   $0 (10-10-2015 - NJ)

Badilla v. Wal-Mart Stores East Inc.

Plaintiff, a tree trimmer, purchased a pair of Brahma brand men’s work boots
3 from Wal-Mart on October 19, 2003. The boots’ packaging described the boots as
4 “iron tough,” “rugged leather . . . men’s work boots.” The label also stated that the
5 boots “me[t] or exceed[ed] ASTM F2413-05 standards,” which “outlin[e] what
6 footwear employers must ensure employees use under the Occ

More...   $0 (10-07-2015 - NM)

Union Pacific Railroad Company v. Charles Seber and Barbara Seber

Charles and Barbara Seber sued Union Pacific Railroad Company
contending that it wrongfully removed the Sebers’ private railroad crossing. The
Sebers claimed a right to use the crossing pursuant to an implied easement by prior
use. The trial court granted summary judgment in favor of the Sebers, declaring
that the Sebers have a right to use the crossing and ordering Union Pacific t

More...   $0 (09-10-2015 - TX)

Merriam Farm, Inc. v. Town of Surry

The trial court found, or the record supports, the following facts. The petitioner owns an unimproved parcel of land in Surry with frontage on a Class VI road. The property is approximately 1,000 feet from a Class V road. Under
the Town’s zoning ordinance, to build on its property, the petitioner must establish that the property has at least 200 feet of frontage on a public street, which is

More...   $0 (09-26-2015 - NH)

Santa Clarita Org. for Planning etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).)
The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s Ann. W

More...   $0 (09-23-2015 - CA)

Dick Anthony Heller v. District of Columbia

At issue in this suit is the constitutionality of certain gun laws enacted by the District of Columbia. The district court determined as a matter of law that the District’s efforts “to combat gun violence and promote public safety” by means of its registration laws were “constitutionally permissible.” Heller v. District of Columbia, 45 F. Supp. 3d 35, 38 (D.D.C. 2014). Before this court, Dick Anth

More...   $0 (09-18-2015 - DC)

REVI, LLC v. Chicago Title Insurance Co

In 2000, REVI, LLC (“REVI”) purchased a five-acre parcel of residential property along
the Potomac River in Fairfax County (the “Property”). At that time, REVI also purchased a title
insurance policy from Chicago Title Insurance Company (“Chicago Title”), which insured
against “loss or damage” caused by “[a]ny defect in or lien or encumbrance on the title,” among
other risks.

More...   $0 (09-18-2015 - VA)

Badilla v. Wal-Mart Stores East Inc.

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he

More...   $0 (09-16-2015 - NM)

Badilla v. Wal-Mart Stores East Inc.

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he

More...   $0 (09-16-2015 - NM)

Cassandra DeNoma v. Hamilton County Court

After working as a probation
department supervisor and project director for fourteen years, Plaintiff-Appellant Cassandra
DeNoma applied for a promotion to work directly beneath Defendant-Appellee Michael Walton,
the highest nonjudicial authority in the department. Around the same time, a subordinate who
had been romantically involved with Defendant Walton complained to Appellant t

More...   $0 (09-16-2015 - )

American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
2
purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American’s constitutional takings claims against the taxing authorities involved in th

More...   $0 (09-03-2015 - TX)

Regional Transportation District v. 750 West 48th Ave., LLC.

In 2011, Regional Transportation District (“RTD”) filed a petition in
condemnation against 750 West 48th Ave., LLC (“Landowner”) to acquire the
approximately 1.6-acre property for development of the Gold Line light rail project
being constructed between Union Station and Arvada. Landowner was leasing the
property to a commercial waterproofing business (“Tenant”).1 Over the ye

More...   $0 (09-14-2015 - CO)

Santa Clarita Organization etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).)
The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s Ann. W

More...   $0 (09-11-2015 - CA)

T&H Bail Bonds, Inc., et al. v. Preferred Investment Services, Inc., et al

Preferred Investment Services, Inc., (“PISI”) was a Delaware corporation involved in the
financing of cash bails that were posted in various Delaware courts by T&H Bail Bonds, Inc.
Edwin Swan was the owner and principal of PISI. Plaintiffs (in this action) are T&H and the
other named individuals who were originally co-defendants in the Chancery Court case. The
contract betwe

More...   $30700 (09-01-2015 - DE)

Kansas City Power & Light Co. v. Strong

In January 2012, Kansas City Power & Light Company (KCPL) condemned a power line easement bisecting two tracts of undeveloped agricultural land in southern Johnson County. The land was owned by the trusts for Daniel and Evelyn Strong (the Strongs). The easement occupied approximately 12 out of a combined 460 acres. Court-appointed appraisers awarded the Strongs $96,465 in damages. The Strongs ap

More...   $0 (08-31-2015 - KS)

Kosoco, Inc. v. Metropolitan Transit Authority of Harris County

Appellant, Kosoco, Inc., challenges the trial court’s order dismissing, for lack of jurisdiction, its inverse-condemnation claims1 against appellee, Metropolitan Transit Authority of Harris County (“Metro”). In three issues, Kosoco contends that the trial court erred in dismissing its lawsuit.
We affirm.
Background
In its original petition, Kosoco alleged that, since 1980, it has opera

More...   $0 (08-20-2015 - TX)

Assn. for LA Deputy Sheriffs v. LA Times

According to appellants, the Los Angeles County Office of Public Safety (OPS) used to be a law enforcement agency separate from the Los Angeles County Sheriff’s Department (LASD). In 2010, the County decided to merge OPS into LASD. Apparently, OPS officers who wanted to work for LASD were required to complete application forms for LASD. LASD hired former OPS officers to work as deputy sheriffs.

More...   $0 (08-20-2015 - CA)

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