Inverse Condemnation Law
 
S. Fred Hall v. State of Oregon

2 The jury in this inverse condemnation case found that plaintiffs' property
3 had a fair market value of $4,000,000 before defendant's disputed activities and that these
4 activities--repeated statements to the general public and potential purchasers that
5 defendant intended to eliminate an I-5 interchange, thereby rendering plaintiffs' property
6 landlocked, and then acquire it

More...   $0 (10-03-2012 - OR)

City of Boynton Beach v. Frank Janots

The City of Boynton Beach (the “City”) appeals the trial court’s denial of its motion to use proceeds from a taking to satisfy an outstanding code enforcement lien. We reverse.

The facts below are undisputed. Theodore Ryan owned two parcels of property within the City’s jurisdictional limits. One was his homestead property (“Parcel 1”), and one was a vacant lot (“Parcel 2”).

More...   $0 (10-10-2012 - FL)

Council of San Benito County Governments v. Hollister Inn, Inc.

This case involves two consolidated actions in eminent domain brought by the Council of San Benito County Governments (COG), a joint powers authority created under a joint powers agreement between the County of San Benito, the City of Hollister, and the City of San Juan Bautista, to acquire property for the Highway 25 Bypass Project. In the eminent domain proceedings, COG sought to condemn real pr

More...   $0 (09-19-2012 - CA)

State of Oklahoma, ex rel. Department of Transportation v. R. Alan Blaksley

State of Oklahoma, ex rel. Department of Transportation sued R. Alan Blaksley, et al. seeking to acquired by condemnation certain rights, title and interests in real property owned by Defendants for public use.

The nature and extent of the property taken and damages to the remainder is unknown.

The Court appointed three commissioners to independently assess the damages sustained

More...   $86000 (09-18-2012 - OK)

The City of Oklahoma City v. Johnny Thompson

The City of Oklahoma City sued Johnny Thompson and Pam Thompson on a condemnation theory seeking to acquire by eminent domain certain rights, title and interests in real property owned by the Defendants.


ORTWR APPOTNT1NG COMMIS9TONERS

On this 3rd day of August, 2O12,this cause coining on to be heard upon the Petition and Application of the Plaintiff for an Order Appointing Commis

More...   $10300 (09-17-2012 - OK)

ONEOK Gas Storage, LLC v. Hollie Etbauer

ONEOK Gas Storage, LLC sued Hollie Etbauer, Billing Etbauer, Trustees of the Hollie Etabuer Living Trust on an eminent domain theory seeking to acquired certain rights, title and interests in land owned by Defendants.

1. ONEOK Gas Storage, L.L.C. brings this action to condemn property owned by Hollie Etbauer and Billy Etbauer, Trustees of the Hollie Etbauer Living Trust dated August 9, 1994

More...   $0 (08-22-2012 - OK)

Communication Workers of America v. Avaya, Inc.

Avaya Inc. (“Avaya”) appeals from the district court’s ruling compelling arbitration of its labor dispute with the Communication Workers of America (“CWA”) over the legal status of a class of Avaya employees called “backbone engineers.” The union views the backbone engineers as non-represented “occupational” employees and legitimate objects for its organizing campaigns, while Ava

More...   $0 (09-12-2012 - CO)

Pacific Bell Telephone Company v. Southern California Edison Company

Defendant Southern California Edison (“Edison”) appeals from the judgment entered against it following a bench trial in which the court ruled that Edison was liable to Pacific Bell Telephone Company (“Pacific Bell”) for just compensation in Pacific Bell‟s cause of action for inverse condemnation. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

The relevant facts of this appeal ar

More...   $0 (08-30-2012 - CA)

The Mansions in the Forest, L.P. v. Montgomery County, Texas

Montgomery County filed a petition in condemnation seeking to acquire portions of property owned by The Mansions in the Forest, L.P. (“The Mansions”) and The Estates-Woodland, L.P. (“The Estates”). The special commissioners found the fair market value of the property to be $345,215, and the trial court granted the County’s motion for writ of possession. Appellants objected to the award o

More...   $0 (09-06-2012 - TX)

Kay Davidson v. McLennan County Appraisal District

Kay Davidson, Richard Martin, and Michael Jones (the Retirees) had retired from employment with the McLennan County Appraisal District (MCAD). Since their retirement, MCAD had allowed them to participate in health insurance coverage through MCAD by timely paying their own premiums. They found out in 2010 that they would no longer be allowed to participate in MCAD’s health insurance program.
<

More...   $0 (08-31-2012 - TX)

Lee County Electric Cooperative, Inc. v. City of Cape Coral

Several years ago the City of Cape Coral began a construction project to rework an intersection. The plan required the expansion of an existing road into a public utility easement where Lee County Electric Cooperative ("LCEC") had placed its electric lines. Thus, LCEC was forced to relocate its lines to another public utility easement. The parties disagreed about which of them was responsible for

More...   $0 (08-29-2012 - FL)

Specialized Freight Forwarders v. Dragone Classic Motorcars, Inc.

The defendant, Dragone Classic Motorcars, Inc., appeals from the judgment of the trial court in favor of the plaintiff, Specialized Freight Forwarders. On appeal, the defendant claims that the court (1) did not have subject matter jurisdiction over the case, (2) improperly determined that the plaintiff could recover against the defendant for shipping costs despite the fact that the term ‘‘frei

More...   $0 (08-27-2012 - CT)

State of Oklahoma, ex rel. Department of Transportation v. K & L Leasing, Inc.

¶1 Appellant, K&L Leasing Inc. (K&L), seeks review of the trial court's judgment, totaling $1,936.82, awarding costs to the Oklahoma Department of Transportation (ODOT) in the underlying condemnation action. K&L argues 69 O.S. 2001 §1203(e)(1) does not provide for costs against a party that withdraws its demand for a jury trial, in acceptance of the commissioners' award in a condemnation action.

More...   $0 (07-31-2012 - OK)

Vieira Enterprises, Inc. v. City of East Palo Alto

Vieira Enterprises, Inc. (Vieira), a seller and installer of manufactured homes, filed mechanic‟s liens after the owners of two lots in the City of East Palo Alto (the City) failed to pay for its delivery and installation of two manufactured homes. Prior to the filing of the mechanic‟s liens, another party foreclosed on the properties and applied to the City of East Palo Alto‟s Building Serv

More...   $0 (08-20-2012 - CA)

Delcom Group, Inc. v. Dallas Independent School District

Delcom Group, LP appeals the trial court's orders granting the plea to the jurisdiction filed by Dallas Independent School District and denying Delcom's application for a temporary injunction to enjoin DISD and R.L.S. Interests, Inc. d/b/a Prime Systems, Inc. from disclosing and using Delcom's trade secrets. In three issues, Delcom contends DISD waived immunity by entering into a contract for digi

More...   $0 (08-19-2012 - TX)

Jerome Wilson v. IHC Hospitals, Inc. d/b/a Utah Valley Regional Medical Center

¶ 1 This case involves a medical malpractice lawsuit brought by Jerome Wilson and Leilani Wilson on behalf of their son, Jared. The Wilsons allege that employees of IHC Hospitals, Inc. (IHC) breached their duty of care during Ms. Wilson’s labor and delivery of Jared. The Wilsons further claim that IHC’s negligence caused Jared to suffer severe brain damage. The Wilsons tried their claims to a

More...   $0 (07-20-2012 - UT)

The City of Houston, Texas v. Trail Enterprises, Inc. d/b/a Wilson Oil Company

This is an inverse condemnation action in which Trail Enterprises, Inc., d/b/a Wilson Oil Company (―Trail‖), and other plaintiffs (collectively ―appellees‖) sued the City of Houston, Texas (―the City‖), alleging that restrictions on the drilling of oil and gas wells in the area of Lake Houston constituted a compensable taking of their property rights.1 Each appellee owns a mineral inte

More...   $0 (08-09-2012 - TX)

Thompson Farms v. Aurora County

Thompson Farms sued Aurora County on an inverse condemnation theory claiming that a 1998 change in the county's zoning laws that capped the number of animals allowed in a feeding operation constituted a taking on its land without just compensation.

More...   $600000 (07-28-2012 - SD)

Christopher Montanaro v. Aspetuck Land Trust, Inc.

The defendants, Aspetuck Land Trust, Inc. (Aspetuck) and the town of Wilton, appeal from the judgments of the trial court in favor of the plaintiffs, Laurie Ann Deilus and Christopher Montanaro, and the intervening plaintiffs, Thomas T. Adams, William L. Sachs and David F. Clune, the trustees of the Elizabeth Raymond Ambler Trust (Ambler trustees). The defendants claim that the court improperly (1

More...   $0 (07-23-2012 - OK)

Isabelle Blasdel v. Northwestern University

This is a Title VII suit for employment discrimination on grounds of the employee’s sex. After dismissing as untimely the first count of a twocount complaint, the district judge granted summary judgment in favor of the defendant on the second count and so dismissed the entire suit, precipitating this appeal.

The first count had alleged a series of discriminatory acts beginning when the pl

More...   $0 (07-19-2012 - IL)

Terrell Patton Youngblood, Jr. v. Angela Marie Fasick Youngblood

We previously affirmed the final order in this postjudgment family law proceeding. At that time, we remanded Angela Youngblood's motion for appellate attorney's fees to the circuit court to determine whether she was entitled to an award of fees and, if so, to award them in a reasonable amount. Pursuant to Florida Rule of Appellate Procedure 9.400(c), Terrell Youngblood seeks review of the court's

More...   $0 (06-13-2012 - FL)

Joe Cullen v. Paul Corwin

Plaintiffs Joe and Marieanne Cullen stated alternate counts1 that alleged defendants Paul and Geraldine Corwin acted either negligently or fraudulently in failing to disclose the defective condition of the garage roof when the Corwins sold a vacation home to the Cullens.2

The Corwins moved for summary judgment on the ground that the statute of limitations had expired. The trial court grante

More...   $0 (06-07-2012 - CA)

Ted Joseph White v. The Iowa District Court for Clinton County

Ted White challenges the district court’s finding he was in contempt of a domestic abuse protective order. He claims he cannot be held in contempt because the protective order was void. If not void, he claims the protective order had expired by operation of law and thus, was ambiguous. White also contends the district court erred in finding his conduct was willful and abused its discretion in im

More...   $0 (05-23-2012 - IA)

Nancy K. Alanis v. Edward F. Valdespino

Nancy K. Alanis sued Edward F. Valdespino and Strasburger & Price, LLP, asserting seven claims based on allegations that she was wrongfully deprived of payment of a portion of the proceeds awarded in a separate condemnation proceeding. Nancy also sued Artemio A. Alanis, Jr. for fraud and conversion based on the same allegations. Two claims were dismissed when Nancy failed to timely amend her plead

More...   $0 (05-23-2012 - TX)

Carolina Convenience Stores, Inc. v. City of Spartanburg, S.C.

Carolina Convenience Stores, Inc., Harry Lancaster, Jr., and Willard Oil Company, Inc. (collectively, CCS) appeal the circuit court's grant of summary judgment in favor of the City of Spartanburg (the City) on CCS's inverse condemnation claim against the City. We affirm.

FACTS/PROCEDURAL HISTORY

This appeal stems from a hostage incident that occurred at CCS on July 19, 2004. Because

More...   $0 (05-09-2012 - SC)

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AK Morlan
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