Inverse Condemnation Law
 
Alma Richardson v. Texas Workforce Commission and Fort Bend County, Texas

This appeal arises out of a lawsuit Alma Richardson filed to challenge a Texas Workforce Commission (TWC) decision denying her unemployment benefits. Richardson appeals the trial court’s order granting pleas to the jurisdiction

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in favor of TWC and her former employer, Fort Bend County, Texas. In one issue, Richardson contends that the trial court erred in dismissing her case

More...   $0 (06-05-2014 - TX)

Tallgrass Pony Express Pipeline, LLC v. Randall John and Mary Ann Wedel

Tallgrass Pony Express Pipeline, LLC v. Randall John and Mary Ann Wedel

Issue # 1.
Issue: CONDEMNATION (CONDEMN)
Filed by: Tallgrass Pony Express Pipeline LLC
Filed Date: 07/02/2013
Party Name: Disposition Information:

Plaintiff: Tallgrass Pony Express Pipeline LLC
Disposed: FINAL ORDER, 05/01/2014. Non-Jury Trial.

Plaintiff: Tallgrass Pony Ex

More...   $16000 (05-02-2014 - OK)

In the Matter of the Estate of Carlton E. Horner, Sr., Deceased.

¶1 Appellant Carlton E. Horner, Jr. seeks review of the trial court's orders denying him a continuance and construing the Last Will and Testament of his father, Carlton E. Horner, Sr., Deceased (Decedent). In this appeal, Appellant asserts the trial court abused its discretion in denying him a continuance to obtain substitute counsel, and erred as a matter of both fact and law in refusing to enfo

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Independent School Dist. No. 5 of Tulsa County v. Patrick L. Taylor and Marsheleta Taylor

¶1 This appeal arises from a condemnation case that proceeded to a jury trial. Defendants/Appellants Patrick L. and Marshaleta Taylor, husband and wife (Landowners), appeal the trial court's Order granting the motion for new trial of Plaintiff/Appellee Independent School District No. 5 of Tulsa County, Oklahoma (Condemnor). The primary question presented on appeal is whether the trial court erred

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Texas Department of Public Safety v. Merardo Bonilla

The Texas Department of Public Safety (DPS) challenges the trial court’s denial of its immunity-based plea to the jurisdiction and summary judgment motions. For the reasons that follow, we affirm.

FACTUAL SUMMARY

This case concerns a traffic accident that occurred in El Paso on February 19, 2010, when Trooper Cesar Cruz ran a red light while pursuing a speeder and struck a vehicle

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Alexander Namikas v. Paul A. Miller

In this "settle and sue" case,1 Alexander Namikas sued his former attorneys, Paul A. Miller and the Law Offices of Lowthorp, Richards, McMillan, Miller & Templeman P.C. (collectively respondents), for negligently recommending he pay his ex-wife permanent spousal support of $7,000 per month. He alleged the settlement was excessive because respondents improperly calculated his permanent support obli

More...   $0 (05-07-2014 - CA)

Steven L. Dryzer v. Charles Brunden and Karen Bundren

Appellees and cross-appellants, Charles Bundren and wife Karen Bundren, sued their former landlord, appellant and cross-appellee Steven Dryzer, for retaining their security deposit. Trial was by jury and on a verdict favorable to the Bundrens the court rendered judgment. Dryzer appeals, asserting reversible charge error. By cross-appeal, the Bundrens seek additional attorney’s fees. Finding the

More...   $0 (05-06-2014 - TX)

The City of Keller v. Kimberlee Diane Meadors Hall and A. Thomas Hall

In this case, we consider whether Appellant the City of Keller established as a matter of law that the trial court had no jurisdiction over the inverse condemnation claim brought by Appellees Kimberlee Diane Meadors Hall and A. Thomas Hall. The Halls sued the City alleging that various actions by the City caused repeated flooding of their property. The City filed a plea to the jurisdiction, which

More...   $0 (05-01-2014 - TX)

Philip L. Biron v. City of Redding

Plaintiffs Biron Family Living Trust and Philip L. and Julie M. Biron as trustees own a 12-unit apartment building in downtown Redding, California, which they purchased in 2001. In February and March 2009, their property was damaged by flooding during two separate storm events. They filed this action against defendant City

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of Redding (City), alleging inverse condemnation and danger

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Paul Thoryk v. San Diego Gas & Electric Company

This intervention action arises out of a former debtor-creditor relationship concerning real property that was damaged by the San Diego County wildfires of 2007. The main action is a master complaint by damaged property owners, including a defaulting borrower, plaintiff, defendant-in-intervention and appellant Paul Thoryk (Appellant), who owned the property at the time of the fires. A year later,

More...   $0 (04-09-2014 - CA)

Country Communityh Timberlake Village, L.P. v. HMW Special Utility District of Harris and Montgomery County

This appeal concerns the acquisition of a piece of real property outside a gated subdivision by a special utility district for use as a utility site and the condemnation of a deed restriction affecting that property. At trial, a jury awarded various individual homeowners, including the developer, in the adjacent subdivision damages for the reduction in value each suffered due to the condemnation.

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Ernest Mangia v. VIA Metropolitan Transit

Ernest Mungia sued his former employer, VIA Metropolitan Transit, and obtained a default judgment. Four years later, VIA attempted to set aside the default judgment by filing a bill of review and a claim for declaratory relief. The trial court granted VIA’s motion for summary judgment as to both causes of action and awarded attorney’s fees to VIA. In one issue on appeal, Mungia contends the tr

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United States of America v. Rick Reese, Terrie Reese and Ryin Reese

Rick Reese owned a federally licensed firearms store in southern New Mexico and ran it with his wife, Terri, and two sons, Ryin and Remington. In August 2012, a jury convicted Rick, Terri, and Ryin under 18 U.S.C. §§ 2 and 924(a)(1)(A) for aiding and abetting straw purchases of firearms from the store. Unbeknownst to them, however, at the time of trial the FBI was investigating one of the govern

More...   $0 (03-19-2014 - NM)

City of Corpus Christi v. Scorpio Development, L.L.C.

In this inverse condemnation case, appellant, the City of Corpus Christi (“the City”), challenges the trial court’s order denying its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West, Westlaw through 2013 3d C.S.). Appellee, Scorpio Development, L.L.C. (“Scorpio”), contends that the City waived its immunity from suit by taking Scorpio’s property for

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The City of El Paso v. Guadalupe Ramirez, Norma Ramirez, Ramirez Pecan Farms, LLC, William H. Boutwell, Jackie Boutwell, Raul Zamorano, Jr., Amy K. Zamorano, George Wynn, Patricia Wynn, Larry R. Webb, Maria L. Webb, James R. Raley, Yariela G. Raley, Russell T. Sturgeon, et al.

Appellant, the City of El Paso (“the City”), brings this accelerated interlocutory appeal following the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2008); TEX.R.APP.P. 28.1(a) (stating an appeal from an interlocutory order, when allowed, is accelerated). The City raises three issues for our review.

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We affirm

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The City of Oklahoma City v. OK-CA Investments Corp.

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Oklahoma a

More...   $95000 (02-27-2014 - OK)

The City of Oklahoma City v. Jerry Hovarter and Stacey Hovarter

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the
Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Ok

More...   $0 (02-20-2014 - OK)

Ranger Abbott v. City of Paris, Texas and Kevin Carruth

This lawsuit, stemming from Ranger Abbott’s purchase in 2008 of a 7.77-acre tract of land (the Property) in Paris, Texas, is burdened with a complex history involving a previous lawsuit and appeal to this Court. Both suits concern attempts by Abbott to expand a mobile home park on the Property. When Abbott purchased the Property, approximately one-half of it was being used as a mobile home park

More...   $0 (03-07-2014 - TX)

State of Oklahoma, ex rel. Department of Transportation v. Lloyd E. Cole, Jr. Revocable Trust, Lloyd E. Cole, Jr. Trustee and Adair County Treasurer

The State of Oklahoma, ex rel. Department of Transportation sued Lloyd E. Cole, Jr. Revocable Trust, Lloyd E. Cole, Jr. Trustee and Adair County Treasurer 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.

COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation

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Clear Sky Car Wash, LLC v. City of Chesapeake, Virginia

In connection with a project to widen Dominion Boulevard (U.S. Route 17) in the City of Chesapeake, Virginia, the City took the property of Clear Sky Car Wash LLC, consisting of a 32,056-square-foot parcel of land on which Clear Sky operated a car wash. Following unsuccessful negotiations with Clear Sky to purchase the property, the City initiated a “quick take” proceeding to take the property

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Midtown Edge, L.P. v. City of Houston

In this interlocutory appeal,1 appellants, Midtown Edge, L.P., and Midtown Condominiums, L.L.C. (collectively, “Edge”), challenge the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City”), in


1 TEX. CIV. PRAC.& REM CODE ANN. §.51.014(a)(8) (Vernon Supp. 2013).

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Edge’s suit against the City for breach of contra

More...   $0 (02-13-2014 - TX)

City of Bixby v. Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer

City of Bixby sued Carol L. Judd, Sandra A. Judd and Tulsa County Treasurer on eminent domain theories seeking to acquire by condemnation certain rights, title and interest in real property owned by the Judds for public use.

The Pre-Trail Order entered by the court for this case provided, in part, as follows:

Condenmation proceeding wherein Plaintiff is taking 6.0 acres plus improvem

More...   $225000 (01-10-2014 - OK)

Luis Jesus Guzman v. Dale Piercy

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe

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Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT) condemned property belonging to Walker Development Partnership. After nearly twenty years of litigation between UDOT and Walker, UDOT moved to exclude evidence that it took property not identified in the 1992 Condemnation Resolution. The district court granted UDOT’s motion to exclude. We affirm.

UDOT v. Walker Development

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More...   $0 (02-06-2014 - UT)

The County of Dakota v. George W. Cameron, IV

The legal questions presented by this case relate to the operation of Minnesota’s minimum-compensation statute, Minn. Stat. § 117.187 (2012), which provides a mechanism for compensating property owners who “must relocate” following the condemnation of their real property. Appellant George W. Cameron, IV, who had his

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commercial property taken by respondent County of Dakota (

More...   $0 (11-27-2013 - MN)

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