Inverse Condemnation Law
 
Riverside County Sheriff's Department v. Jan Stiglitz

Here we hold that when hearing an administrative appeal from discipline imposed on a correctional officer, an arbitrator may rule upon a discovery motion for officer personnel records, commonly referred to as a Pitchess motion. (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess); Evid. Code, §§ 1043, 1045.) Evidence Code section 1043 expressly provides that Pitchess motions may be filed

More...   $0 (12-01-2014 - CA)

George P. Conway v. County of Tuolumne

In an unsuccessful attempt to apprehend George P. Conway’s adult son, Donald Conway,1 who reportedly had fired shots at George, officers from defendant County of Tuolumne (County) fired a tear gas canister into George’s mobile home. Donald was not inside but was apprehended later. George brought suit against the County for damage to
1We refer to George and Donald Conway by their first name

More...   $0 (11-24-2014 - CA)

AEP Oklahoma Transmission Company, Inc. v. Chester L. Eaton, et al.

COMES NOW the Petitioner, AEP OKLAHOMA TRANSMISSION COMPANY, INC. (AEP), an Oklahoma corporation, by its attorneys, and respectfully states and shows to the Court:
I.
That AEP is a corporation, duly organized, existing and doing business under and by virtue of the laws of the State of Oklahoma, fully authorized and qualified to engaged in the transmission and distribution of electrical ene

More...   $0 (10-23-2014 - OK)

Bill Miller Bar-B-Q Enterprises Ltd. v. Faith H. Gonzales

Bill Miller Bar-B-Q Enterprises, Ltd. challenges the trial court’s award of attorney’s fees to Faith Gonzales, asserting: (1) the trial court erred in determining the amount of attorney’s fees to be awarded because a jury was required to determine the reasonableness of the amount of attorney’s fees to award; (2) if section 21.259 of the Texas Labor Code1 authorized the trial court to deter

More...   $0 (10-30-2014 - )

DCP Southern Hills Pipeline, LLC v. McClung D. Benbrook

Buffalo, Harper County, OK - DCP Southern Hills Pipeline, LLC sued McClung D. Benbrook on an eminent domain (condemnation) theory seeking to acquire certain rights, title and interest in real property owned by McClung for a pipeline.

06/07/2012 FILE & ENTER PETITION $150.00
LAW LIB ASSESS $6.00
DISPUTE MEDIATION $2.00
OCIS $25.00
LENGTHY TRIAL FUND $10.00
OK

More...   $28000 (06-07-2012 - OK)

Jamshid Najah v. Scottsdale Insurance Company

Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by the first deed of trust and took assignment of that trust

More...   $0 (09-30-2014 - CA)

DCP Southern Hills Pipeline, LLC v. Darenda D. Mears a/k/a Darenda Talmadge, et al.

Oklahoma City, OK DCP Southern Hills Pipeline, LLC sued Darenda D. Mears an others on eminent domain (condemnation) theories seeking to acquire by condemnation certain rights, title and interest in real property for pipeline use alleging:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
Darenda D Mears, a/k/a Darenda Talmadge; Arlyn McColloch;

More...   $4500 (08-21-2014 - OK)

Liberty Insurance Corporation v. City of Moore

COME NOW, Plaintiffs, Liberty Insurance Corporation (“Liberty”) and Michael R. Sohn (“Sohn”), and respectfully request this Court issue an Injunction and Temporary Restraining Order Without Notice to bar or preclude Defendants, City of Moore and Fernando Austin Paul Hernandez (“Hernandez”), from demolishing Hernandez’ s house, which is located in Moore, Oklahoma and was damaged durin

More...   $0 (08-20-2014 - OK)

Gerald Lynn Clark and Jo Ann Clark v. Titus County, Texas

Titus County plans to construct a highway through the middle of 21.02 acres of land owned by Gerald Lynn Clark and Jo Ann Clark and, to accomplish its plan, is pursuing condemnation of a 6.193-acre strip that would leave the Clarks with two separated remnant tracts. The appeal before us concerns the value of the taking and comes from a summary judgment in favor of the County. We reverse the summar

More...   $0 (09-19-2014 - TX)

Barbara Lynch v. California Coastal Commission

The California Coastal Commission (Commission) appeals from a judgment in a
mandamus action directing the Commission to remove three conditions from a coastal
development permit amendment (permit) issued to Barbara Lynch and Thomas Frick
(collectively, respondents). The Commission contends respondents waived any challenge
to these conditions by signing and recording documents agree

More...   $0 (09-09-2014 - CA)

Linda A. Copeland v. Robert E. Anderson

¶1 Does civil liability for the tort of perjury exist in this state? This is the foremost question which arises from the sustention of a demurrer to plaintiff's cause of action for perjury and pretrial deceit. A procedural problem concerning our jurisdiction to review will be preliminarily disposed of sua sponte. We hold that civil liability for the tort of perjury does lie in this state but that

More...   $0 (09-24-1985 - OK)

Marilyn Rae Baskin v. Penny Bogan

Indiana and Wisconsin are among the shrinking majority of states that do not recognize the va-lidity of same-sex marriages, whether contracted in these states or in states (or foreign countries) where they are law-ful. The states have appealed from district court decisions invalidating the states’ laws that ordain such refusal.
Formally these cases are about discrimination against the small

More...   $0 (09-04-2014 - WI)

The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive

More...   $0 (08-25-2014 - CA)

Katherine A. Chmielewski v. City of St. Pete Beach, Florida

Chester J. and Katherine A. Chmielewski, the original parties in this case,1
appeal the trial court's order granting, with prejudice, the City of St. Pete Beach's motion
to dismiss their complaint for failure to state a cause of action. The Chmielewskis had
filed suit to secure the disclosure of public records. We have jurisdiction, see Fla. R.
App. P. 9.030(b)(1)(A), and reverse.<

More...   $0 (08-27-2014 - FL)

Patsy B. Anderton, et al v. City of Cedar Hill, Texas

In this summary judgment proceeding, the City of Cedar Hill (the “City”) filed suit
against appellees Pasty B. Anderton and Doyle Anderton, individually and d/b/a A-1 Grass Sand
and Stone (“the Andertons”) regarding the alleged nonconforming use status of property,
specifically Lot 5, owned by the Andertons. The trial court granted summary judgment in favor
of the City rega

More...   $0 (08-22-2014 - TX)

Ex parte Stephenson



1. Contempt-Statutory Definition of Direct Contempts. Direct contempts consist of disorderly or insolent behavior committed during the session of the court and in its immediate view, and presence, and of the unlawful and wilful refusal of any person to be sworn as a witness, and the refusal to answer any legal or proper questions; and any breach of the peace, noise or disturbance, so nea

More...   $0 (08-31-1949 - OK)

Kevin Rains v. Stayton Builders Mart, Inc.

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla

More...   $0 (08-13-2014 - OR)

The People v. Richard Tom

On a clear evening in February 2007, defendant Richard Tom broadsided at high speed a vehicle driven by Loraine Wong, who was making a left turn from Santa Clara Avenue onto Woodside Road in Redwood City. Wong‘s younger daughter, Sydney Ng, eight, was killed; her older daughter, Kendall Ng, 10, sustained serious injuries. The evidence at trial showed that defendant did not brake prior to the cra

More...   $0 (08-14-2014 - CA)

City of Pasadena v. Mercury Casualty Company

During a windstorm in late November 2011, a tree owned by the City of Pasadena (City) fell on the residence of James O’Halloran. As a result of the damage caused to the house, the insurer Mercury Casualty Company (Mercury) paid benefits to O’Halloran pursuant to his homeowner’s insurance policy. Mercury then sued the City for inverse condemnation and nuisance based on the damages caused by t

More...   $0 (08-14-2014 - CA)

San Diego Gas & Electric Company v. Arnold J. Schmidt

Plaintiff San Diego Gas & Electric Company (SDG&E) initiated this eminent domain proceeding to condemn an easement for electric transmission lines across the property of defendants Arnold and Valerie Schmidt and Luis Naranjo (collectively defendants) after the parties could not agree on an appropriate valuation for the property. Agreeing with defendants' experts that an open-pit mining operation w

More...   $0 (08-17-2014 - )

Appaloosa Development, LP and Lubbock Water Rampage v. City of Lubbock, Texas

Appellants, Appaloosa Development, LP, and Lubbock Water Rampage, LLC (collectively, “Appaloosa”), appeal a final judgment following a bench trial in which the trial court concluded that Appaloosa take nothing by their inverse condemnation suit. We will affirm.
2
Factual and Procedural Background
Appaloosa Development, LP, is a Texas limited partnership that was formed for the prim

More...   $0 (08-16-2014 - TX)

United State of America v. Nancy Mageno

Nancy Mageno’s godson, a leader of a methamphetamine
conspiracy, did not speak English fluently, so Mageno
translated telephone calls for him. As a result, Mageno was
prosecuted for knowingly joining and participating in the
drug conspiracy by fostering communication between its
participants and her godson. In a separate disposition, we
reject Mageno’s argument that the

More...   $0 (08-11-2014 - NV)

United States of America v. Nancy Mageno

Nancy Mageno’s godson, a leader of a methamphetamine
conspiracy, did not speak English fluently, so Mageno
translated telephone calls for him. As a result, Mageno was
prosecuted for knowingly joining and participating in the
drug conspiracy by fostering communication between its
participants and her godson. In a separate disposition, we
reject Mageno’s argument that the

More...   $0 (08-11-2014 - NV)

Charles and Virginia Barnes v. The District Board of Trustees of St. Johns River State College, Florida

A state college’s stormwater management system is the focus of this dispute. Charles and Virginia Barnes sued the District Board of Trustees of St. Johns River
State College for damages to their property from water alleged to have overflown from a retention pond on the District’s campus. The trial court ruled the District was entitled to immunity under section 373.443, Florida Statutes. We

More...   $0 (08-12-2014 - FL)

The State of Texas v. Rodger A. Johnson, et al

This is a condemnation case. The State of Texas appeals an adverse judgment in favor of the landowner, Rodger A. Johnson, which was entered following a jury verdict. In five issues, the State argues the trial court erred by finding the condemnation would result in a material and substantial impairment of access to Johnson’s property; creating an exception to the rule that circuity of travel is n

More...   $0 (08-06-2014 - TX)

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