Inverse Condemnation Law
 
Karen Callaghan v. City of South Portland

[¶1] Karen Callaghan and Burton Edwards (the employees) are part-time employees of the City of South Portland. They filed a complaint in the Superior Court (Cumberland County) pursuant to 42 U.S.C.A. § 1983 (West, Westlaw through P.L. 113-22) seeking a declaration that certain provisions of the City’s personnel policy violated their First Amendment rights, and further seeking permanent injunct

More...   $0 (09-10-2013 - ME)

Oklahoma Gas and Electric Company, a domestic corporation v. Theodore C. Harvey and Bobbie J. Harvey, husband and wife; the Virginia Harvey Living Trust, Virginia Harvey, Trustee; annd Kathy Holloway Ellis County Treasurer; and the Board of County Commissioners of Ellis County, a body corporate and politic.

Oklahoma Gas and Electric Company, a domestic corporation sued Theodore C. Harvey and Bobbie J. Harvey, husband and wife; the Virginia Harvey Living Trust, Virginia Harvey, Trustee; annd Kathy Holloway Ellis County Treasurer; and the Board of County Commissioners of Ellis County, a body corporate and politic on eminent domain theories seeking to acquire by condemnation certain rights, title and in

More...   $1400 (12-17-2013 - OK)

Estate of Henry Barabin v. AstenJohnson, Inc.

This case requires us to once again consider the district court’s admission of expert testimony at trial. We review the admission of expert testimony at trial for an abuse of discretion. Primiano v. Cook, 598 F.3d 558, 563 (9th Cir. 2010). If the district court improperly admitted the expert testimony, we apply harmless error review to determine whether its decision must be reversed. United Stat

More...   $0 (01-15-2014 - WA)

City of Oklahoma City v. J.R. Bowers, Jr. and Lisa Bowers

The City of Oklahoma City sued J.R. Bowers, Jr. and Lisa Bowers on an eminent domain theory seeking obtain by condemnation certain rights, title and interests in real property owned by the Defendant claiming:

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

More...   $91000 (12-30-1213 - OK)

City of Gulfport v. Dedeaux Utility

The City of Gulfport sued Dedeaux Utility on an eminent domain theory seeking to acquire by condemnation the business assets of Defendant's utility company after the annexation by the City of the Orange Grove area.

More...   $8060000 (12-28-2013 - MI)

Oncor Electric Delivery Company LLC v. James Milton Schunke

Oncor Electric Company LLC appeals from a judgment rendered on a special commissioners’ award in a condemnation case. We conclude the trial court erred in rendering judgment on the commissioners’ award. We therefore reverse and remand for further proceedings.

BACKGROUND

A condemnation action begins as an administrative proceeding and, if necessary, may be converted to a judicial

More...   $0 (12-18-2013 - TX)

Paul Tibbetts v. Sight 'N Sound Appliance Center, Inc.

¶ 1 We decide here if the trial judge erred in awarding $375,000.00 in attorney fees to plaintiffs/appellees in their class action suit brought against defendant/appellant, Sight `n Sound Appliance Centers, Inc., d/b/a Sight `n Sound & Cost Warehouse under the Oklahoma Consumer Protection Act (OCPA), 15 O.S.1991, § 751 et seq., as amended.1 We hold the trial judge erred, and the Court of Civil

More...   $0 (09-16-2003 - OK)

Health Carll of Detroit d/b/a Jadells, Inc. v. Atrium Home & Health Care Services, Inc.

Pursuant to MCR 7.215(J)(3), this special panel was convened to resolve a conflict between this Court's opinion in Environair, Inc. v. Steelcase, Inc., 190 Mich.App. 289, 475 N.W.2d 366 (1991), and the recently issued opinion in Health Call of Detroit v. Atrium Home & Health Care Services, Inc., 265 Mich.App. 79, 695 N.W.2d 337 (2005), vacated in part 265 Mich.App. 801 (2005) (vacating part III of

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VISTA POINT PROPERTIES et al., Plaintiffs, Cross-defendants and Appellants, v. ARTHUR SIMONEAU et al., Defendants, Cross-complainants and Respondents; SANTA MONICA MOUNTAIN PROPERTIES et al., Cross-defendants and Appellants.

In this quiet title action, the trial court determined that appellants Vista Point Properties, LLC (Vista Point), Haynes, LLC (Haynes), Santa Monica Mountain Properties, LLC (Santa Monica) and Saddle Peak Properties, LLC (Saddle Peak) had no rights to certain easements for ingress and egress over property owned by Arthur Simoneau and Jill Ajioka (Simoneau or Simoneau Property).1 We affirm the judg

More...   $0 (08-07-2008 - CA)

The City of Oklahoma City v. Grant G. Wilson

The City of Oklahoma City sued Grant G. Wilson on an eminent domain theory claiming to acquire by condemnation certain rights, title and interests in real property owned by Defendant for public use.

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 and its authorized C

More...   $8300 (12-13-2013 - OK)

Oncor Electric Delivery Company, LLC v. Carl H. Brockriede

These are consolidated permissive interlocutory appeals arising from eminent domain proceedings. In three issues, Oncor Electric Delivery Company, LLC contends that a trial court properly complies with section 21.049 of the property code by sending notice of a special commissioner’s award solely to a party and not the party’s attorney, even if the party is represented by counsel and that fact

More...   $0 (12-12-2013 - TX)

Kody Brown, et al. v. Gary R. Hebert, et al.

Kody Brown, Christine Brown, Janelle Brown, Meri Browan and Robyn Sullivan sued Gary Hebert, Jeffrey R. Buhman and Mark Shurtleff on civil rights violation theories under 42 U.S.C. 1983 seeking to prevent them from enforcing Utah's prohibition against co-habitation. The Browns are a polgyamous family that were the subject of TLC's reality series "Sister Wives". They claimed that the phrase "or coh

More...   $0 (12-15-2013 - UT)

State of Oklahoma, ex rel. Oklahoma Department of Transportation v. Cedars Group, LLC

¶1 We must determine whether the three-day mailing rule of 12 O.S. §2006(D) applies to defendants'/appellants' post-trial motions for costs and attorney fees filed in the trial court.1 We answer in the affirmative. A jury verdict was rendered in favor of the defendants in a condemnation action on February 17, 2011. The award was at least ten percent greater than the award of the commissioners, s

More...   $0 (11-26-2013 - OK)

United States of America v. 515 Granby, LLC

Appellants 515 Granby, LLC (“Granby”) and Marathon Development Group, Inc. (“Marathon”) appeal the district court’s denial of attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, after prevailing against the United States on the issue of just compensation in a condemnation proceeding. The EAJA provides that a party who prevails in litigation against th

More...   $0 (11-21-2013 - VA)

Marci Frazier v. Kelly Goudschaal

Kelly Goudschaal and Marci Frazier were committed to a long-time, same-sex relationship, during which they jointly decided to have two children via artificial insemination. In conjunction with the birth of each child, the couple executed a coparenting agreement that, among other provisions, addressed the contingency of a separation. A few months after the couple separated, Goudschaal notified Fraz

More...   $0 (02-22-2013 - KS)

Lori Jo Vincent v. The Money Store

This case requires us to determine if the consumer protections of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., apply to a mortgage lender that has purchased mortgages initially payable to other lenders and, after the homeowners defaulted on their mortgages, hired a law firm to send allegedly d

More...   $0 (11-13-2013 - NY)

City of Wichita, Kansas v. Kenneth D. Denton

This is an eminent domain proceeding involving the City of Wichita's condemnation for highway purposes of a tract of land owned by Kenneth Denton and located on the northwest corner of the intersection of Kellogg and Rock Roads. Clear Channel Outdoor, Inc., leased from Denton approximately 500 square feet of the property for operation of a double-sided, tri-vision billboard. The tract was valued a

More...   $0 (01-04-2013 - KS)

Gordon Beyer v. City of Marathon

Gordon Beyer and Molly Beyer (“the Beyers”) seek to reverse a final summary judgment in favor of the City of Marathon and third-party defendant, the State of Florida, on the appellants’ inverse condemnation suit. We affirm. In 1970, the Beyers purchased the undeveloped nine-acre offshore island, Bamboo Key. At the time of purchase, the property was undeveloped and under the jurisdiction of M

More...   $0 (11-08-2013 - FL)

Daniel Montoya v. Alfonso Barragan

Dr. Alfonso Barragan appeals the trial court’s order granting plaintiffs’ new trial motion on the ground of insufficiency of the evidence of causation and irregularity in the proceedings. Plaintiffs Daniel Montoya, Moises Montoya, Saul Montoya and Antonio Montoya (plaintiffs) are the family of decedent Olivia Montoya (Montoya), who died while in Dr. Barragan’s care. After their complaint for

More...   $0 (11-03-2013 - CA)

MALCOLM G. DYER v. HIDALGO COUNTY, TEXAS

Appellant Malcolm G. Dyer (“Dyer”) appeals two trial court orders granting appellee Hidalgo County’s pleas to the jurisdiction. The trial court’s first order granted the County’s second plea to the jurisdiction which challenged Dyer’s breach-of-contract claim.1 The

1 In appellate cause 13-12-00622-CV, Dyer appeals the trial court’s August 31, 2012 order granting the County’s

More...   $0 (10-04-2013 - TX)

CAMERON COUNTY, TEXAS CARLOS H. CASCOS, SOPHIA BENAVIDES, JOHN WOOD, DAVID A. GARZA AND EDNA TAMAYO v. FRANK A. TOMPKINS, INDIVIDUALLY AND AS TRUSTEE, AND CAROLYN TOMPKINS YOUNG

Ownership of land that comprises a portion of Andy Bowie Park on South Padre Island is at issue in this lawsuit. Appellant Cameron County leased the land to a third party so that a hotel could be built on it. Appellees Frank A. Tompkins, individually and as Trustee, Carolyn Tompkins Young, Perry Tompkins, and Lawrence Young1 (collectively “the Tompkinses”) sued Cameron County, Cameron County J

More...   $0 (10-24-2013 - )

DCP Southern Hills Pipeline, LLC v. Terry M. Kyle

DCP Southern Hills Pipeline, LLC sued Terry M. Kyle, Cynthia A. Birdsong, Richard P. Dulaney, William E. Schlitter and James C. Chander, co-executors of the Estate of L. Thomas Dulaney, deceased, and Richard P. Dulaney on eminent domain theories seeking to obtain right-of-way for a pipeline by condemnation claiming:

1. Plaintiff is a Delaware limited liability company, duly registered with

More...   $0 (10-12-2013 - OK)

Michael Aleo v. SLB Toys USA, Inc.

In 2006, while visiting relatives in Andover, twenty-nine year old Robin Aleo [FN4] attempted to use an inflatable swimming pool slide that had been imported and sold by Toys "R" Us, Inc., and Toysrus.com, LLC (collectively, Toys R Us). [FN5] She slid down head first; when she reached the bottom of the slide, it collapsed, and her head struck the concrete deck of the swimming pool through the fab

More...   $20600000 (09-14-2013 - MA)

Tulsa Development Authority v. Precision Equity, LLC

The Tulsa Development Authority sued Precision Equity, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owed by Defendant for public purposes.

Mike Craddock, Jim Burton and Sheila Brunton appointed commissioners by the court who awarded the Defendant $600,000.

More...   $600000 (09-07-2013 - OK)

City of Sand Springs v. Blossom Day Care Centers

City of Sand Springs sued Blossom Day Care Centers on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Blossom Day Care Centers for public use.

The pre-trial order provided, in part:


Plaintiff filed this eminent domain action to obtain title to property needed for a roadway expansion. The issue for tria

More...   $20000 (09-04-2013 - OK)

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AK Morlan
Kent Morlan, Esq.
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