Inverse Condemnation Law
 
Alan Clukey and Dera Clukey v. Town of Camden

Plaintiff-appellant Alan Clukey brought this procedural due process claim against his former employer, the Town of Camden ("the Town"), pursuant to 42 U.S.C. § 1983 alleging that the Town deprived him of a constitutionally protected property interest in his right to be recalled to employment without due process of law. The district court dismissed Clukey's complaint, adopting the magistrate judg

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Michael Francis Palma v. Houston Independent School District

Appellant Michael Francis Palma appeals from a judgment (1) awarding $2,559.10 in 2006 property taxes jointly to the Houston Independent School

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District1 (“HISD”), Harris County, the City of Houston, and Houston Community College System and (2) a take-nothing judgment on his amended counterclaim2 against HISD and Linebarger Goggan Blair & Sampson, LLP (“Linebarger”).3 The o

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Department of Transportation v. Caliber Development Company

1. This action is instituted in the name of the Department, as authorized by and in accordance with 69 OKLA. STAT. § 1203.

2. Defendant Caliber is a foreign limited liability company with its principal place of business in Oklahoma County, State of Oklahoma, and owns or claims some interest in certain real property located in Oklahoma County, Oklahoma, more particularly described in Exhi

More...   $2670351 (04-09-2013 - OK)

James & Elizabeth Carlson, Et Al v. City of Houston

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

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and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w

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City of Moorhead v. Red River Valley Cooperative Power Association

We are presented here with issues arising out of the expansion of the City of Moorhead and the decision of the City to provide municipal electrical service to recently annexed territory. The City annexed Americana Estates, a residential subdivision with 65 metered electric service accounts. The City then filed a condemnation petition to begin municipal electric service to residents of Americana Es

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City of Boulder v. Barry Barnow

The City of Boulder sued Barry Barnow on an eminent domain theory seeking to acquire by condemnation his right to access the Boulder Municipal Airport from his nearby property. Barnow claimed the right to access the airport from his property with his airplane by virtue of a 2006 "through the fence" agreement with the City.

The City offered Barnow $10,000 to his access rights, which he r

More...   $259500 (04-27-2013 - CO)

The City of Oklahoma City v. Russell James Walker

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 Charter. Okla. Const. Art. 2, Sec. 24.

2. That the Plaintiff is authorized by the laws of the State of Oklahoma and its Charter to take, appropriate and condenm private property for public purposes

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ONEOK Sterling III Pipeline, LLC v. Blue Ribbon Construction, LLC

1. Plaintiff is an Oklahoma limited liability company and is authorized to conduct business in the State of Oklahoma. Plaintiff is engaged in business as a pipeliae company. By virtue of the public nature of its business, and the Constitution and statutes of the State of Oklahoma, specifically OKLA. STAT. tit. 52 § 1 et seq., Plaintiff is authorized to exercise the right of eminent domain in furt

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The People v. Rico Lyntice Riley

The People of the State of California charged Rico Lyntice Riley, age 31, with multiple sexual assault charges, including rape and tying up the female victim.

The woman was assaulted by Riley and one of her friends after she refused Riley's sexual advances, according to a Sacramento County District Attorney's Office news release. The friend eventually left the woman's apartment, but Rile

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Dustin Myers v. Murry Bowman

This appeal presents the question whether three officials in a rural county of Georgia are entitled to a summary judgment against a complaint that they violated the civil rights of a father and son who had been involved in an aborted exchange of property between a previously engaged couple. When Dustin Myers and Kelley Bowman ended their engagement to be married, Dustin attempted to retrieve the d

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State of Oklahoma, ex rel. Department of Transportation v. Revocable Inter Vivos Trust of Bill J. Ramsey

The State of Oklahoma, ex rel. Department of Transportation sued Revocable Inter Vivos Trust of Bill J. Ramsey and others on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by the defendants for public purposes.

The Court appointed Warren Morris, Gary Fleener and Howard Kelsey commissioners to perform an appraisal of t

More...   $207943 (04-04-2013 - OK)

Maj I. Hagman v. Meher Mount Corporation

In this boundary dispute, one neighbor seeks to quiet title by adverse possession to an adjoining piece of his neighbor's land that he inadvertently fenced in and later improved. The unusual twist is that the neighboring land on which the adverse possession took place belongs to a nonprofit religious organization. We hold that a nonprofit religious organization's status as a "public benefit corpor

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Wright Realty Interests, Ltd. v. City of Friendswood, Texas

Appellant, Wight Realty Interests, Ltd. (“Wight Realty”), challenges the trial court’s orders granting appellee, the City of Friendswood (the “City”), summary judgment and its plea to the jurisdiction in Wight Realty’s suit against the City for breach of contract. In four issues, Wight Realty contends that the trial court erred

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in granting the City’s summary-judgment

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Solano Transportation Authority v. Michelle Valine

Solano County sued Michelle Valine on an eminent domain theory seeking to acquire by condemnation farm land owned by the defendant for use in constructing the four-lane Suisun Valley Parkway. The taking split the property into two parcels on each side of Interstate 80.

More...   $1240000 (04-06-2013 - CA)

Northern Natural Gas Company v. ONEOK Field Services Company, LLC

In this conversion action, Northern Natural Gas Company (Northern) claims ONEOK Field Services Company, L.L.C., ONEOK Midstream Gas Supply, L.L.C. (collectively ONEOK), Lumen Energy Corporation, and Lumen Midstream Partnership, LLC (collectively Lumen) wrongfully converted natural gas by purchasing gas from two producers, Nash Oil & Gas, Inc. (Nash) and L.D. Drilling, Inc. (L.D.), which operated w

More...   $0 (03-18-2013 - KS)

City of Sand Springs v. Blossom Day Care Centers

The 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 defendant for public purposes.

The Court appointed Sheila Brunton, Jim Clark and Jan Gordon commissioners to appraise Defendant's property and the damages caused by the taking.

The Commissioners awarded

More...   $20000 (03-10-2013 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Rausch Coleman Jenks, LLC

State of Oklahoma, ex rel. Department of Transportation sued Rausch Coleman Jenks, LLC on an eminent domain theory seekin gto acquire certain rights, title and interests in Defendant's property for public use.

THORNBRUGH, P. THOMAS: HEARING TO APPOINT COMMISSIONERS HELD. STEVE ADAMS PRESENT FOR RAUSCH COLEMAN JENKS LLC, KELLY MONAGHAM AND BECKY MCDOWN PRESENT FOR D.O.T., GARY GASKINS PRESE

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Charles Gayheart v. Commissioner of Social Security

Charles Gayheart applied for Social Security disability insurance benefits (DIB) in December 2005 due to manifestations of anxiety, panic disorder, bipolar disorder, and depression. After an initial denial of his application and three separate hearings, an administrative law judge (ALJ) found that the limitations caused by Gayheart’s impairments did not preclude him from performing a significant

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K.A. v. Pcono Mountain School District

K.A. was a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District (the ―School District‖), who was prohibited from distributing invitations to her classmates to a Christmas party at her church. Her father filed suit on K.A.‘s behalf, alleging that the School District had violated her First and Fourteenth Amendment rights. The District Court, applying the

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Texas Municipal Power Agency v. Kirk A. Johnston

Kirk A. Johnston sought temporary and permanent injunctive relief against the Texas Municipal Power Agency (“TMPA”) to prohibit TMPA from, among other things, entering onto his property to conduct surveys and inspections and attempting to condemn a portion of his property. TMPA filed a plea to the jurisdiction, and the trial court denied the plea. In two issues, TMPA contends that the trial co

More...   $0 (03-07-2013 - TX)

State of Oklahoma v. Penny L. Hoover, M.D.

State of Oklahoma sued Penny L. Hoover, M.D., et al. on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by the defendants for public use.

The court appointed commissioners who returned their report finding that defendants had been damaged in the amount of $598,000.00.

Plaintiff and Defendants filed demands for

More...   $1 (03-04-2013 - OK)

Glen and Johanna Wohl v. City of Missoula

¶1 Plaintiffs are a group of landowners (Landowners1) who own properties abutting South Avenue in the City of Missoula. The instant lawsuit arose out of a dispute between Landowners and the City concerning the width of the public right-of-way constituting South Avenue. Following a bench trial, the Fourth Judicial District Court, Missoula County, determined that the right-of-way is 60 feet wide. T

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Curtis Vagneur v. City of Aspen

¶1 We granted certiorari review to consider whether two citizen-initiated proposed ordinances regarding the design and construction of a state highway entrance to the City of Aspen are administrative in character and therefore outside the scope of the initiative power reserved to the people under article V, sections 1(1) and 1(9) of the Colorado Constitution.1

¶2 In 2007, Pet

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North Fork Special Service District v. Robert Bennion

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78B‐5‐825. See Utah Code Ann. § 78B‐5‐825 (LexisNexis 2012). We vacate the judgment and re

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City of Choctaw v. Oklahoma Municpal Assurance Group

¶1 In a dispute over insurance coverage between the plaintiff/appellee, City of Choctaw, and its insurer, Oklahoma Municipal Assurance Group (OMAG), defendant/appellant, the trial court granted a motion for summary judgment for Choctaw. Both in the trial court and on appeal, the city argued that OMAG should cover an inverse condemnation judgment entered against the city in a suit brought by a lan

More...   $0 (01-22-2013 - OK)

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AK Morlan
Kent Morlan, Esq.
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