Inverse Condemnation Law
 
City of Laredo v. Luis Montano

The City of Laredo appeals a judgment awarding attorney’s fees to the appellees (“Montano Family”) after a jury found that the City of Laredo intended to condemn property owned by the Montano Family for an unauthorized use. The City of Laredo challenges: (1) the legal and factual sufficiency of the evidence to support the attorney’s fees awarded to the Montano Family; (2) the authority to

More...   $0 (01-19-2012 - TX)

Wade Berger v. Town of Denmark

¶1 CANE, J. Wade and Ilona Berger appeal an order dismissing their action challenging the Town of New Denmark’s determination that their two parcels are of insufficient acreage for development. They assert that the parcels are of sufficient size when property underlying a county highway abutting their land is included in the acreage calculation. Further, they argue that the circuit c

More...   $0 (01-10-2012 - WI)

Lower Payette Ditch Company v. Robert L. Harveny

This is an appeal challenging the district court’s ruling that appellants were not the sole prevailing parties in this litigation. We affirm the judgment of the district court.

I.

Factual Background

Robert and Margaret Harvey (Defendants) own 220 acres of farmland on an elevated bluff that is near a section of an irrigation canal owned by the Lower Payette Ditch Company (Pla

More...   $0 (01-05-2012 - ID)

Reubin Bailey v. Preserve Rural Roads of Madison County, Inc.

Appellant, Reubin Bailey, appeals from an opinion of the Court of Appeals affirming a summary judgment entered by the Madison Circuit Court that enjoined him from blocking a discontinued county road with a gate. Appellant argues that we should reverse the Court of Appeals because: 1) Appellees, Curtis Tate and an association known as Preserve Rural Roads of Madison County, Inc. (hereinafter "Rural

More...   $0 (12-22-2011 - KY)

AM Rodriguez Associates, Inc. v. City Council of the City of the Village of Douglas

Plaintiff appeals by right the circuit court’s order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(7). We affirm in part, reverse in part, and remand for further proceedings with respect to plaintiff’s inverse condemnation claim.

I

Plaintiff owns real property in the City of the Village of Douglas (the City) consisting of approximately 16 acres. In

More...   $0 (01-12-2012 - MI)

Debra L. Miller v. Glacier Development Company, L.L.C.

Lester M. Dean, Jr. challenges the entry of a personal judgment against him for an excess condemnation award which had been paid to Glacier Development Co., L.L.C. (Glacier), a limited liability company (LLC) of which Dean was the sole and managing member. Finding that the district court did not have jurisdiction to make the findings necessary to hold Dean personally liable for an LLC debt, we rev

More...   $0 (12-23-2011 - KS)

E & F Cox Family Trust v. City of Tulsa

Appellees have made every effort to distract first the trial court and now this Court from ever reaching the basic legal issues presented in this case. Quite simply, is a professional baseball stadium/event arena for up to 9000 spectators a “local improvement” that can be assessed against neighboring properties, or is it by its very nature a general improvement for the benefit of the communit

More...   $0 (12-17-2011 - OK)

Muneer Awad v. Paul Ziriax

On November 2, 2010, Oklahoma voters approved a proposed constitutional amendment that would prevent Oklahoma state courts from considering or using Sharia law. Before the amendment can become effective, the Oklahoma State Election Board must certify this election result. The Board members have asked us to review whether a federal district court abused its discretion when it granted a preliminary

More...   $0 (01-10-2012 - OK)

Yellow Book Sales and Distribution Company, Inc. v. David Valle

The plaintiff, Yellow Book Sales & Distribution Company, Inc. (Yellow Book), appeals from the summary judgment rendered by the trial court in favor of the defendant, David Valle. On appeal, Yellow Book claims that the court incorrectly concluded that the agreement between the parties was rendered unenforceable by the statute of frauds, General Statutes § 52- 550.1 For the reasons explained below,

More...   $0 (01-09-2012 - CT)

Florence Dolan v. City of Tigard

Petitioner challenges the decision of the Oregon Supreme Court which held that the city of Tigard could condition the approval of her building permit on the dedication of a portion of her property for flood control and traffic improvements. 317 Ore. 110, 854 P.2d 437 (1993). We granted certiorari to resolve a question left open by our decision in Nollan v. California Coastal Comm'n, 483 U.S. 825,

More...   $0 (06-24-1994 - OR)

City of Rio Rancho v. SMREP Southwest, Inc.

{1} In 1985, at the behest of the City of Rio Rancho, Amrep Southwest Inc. recorded a plat for the Vista Hills West Unit 1 (VHWU1) subdivision, granting the City a drainage easement over ten acres identified as Parcel F. In 2004, Amrep sold Parcel F to the Mares group in fee simple, subject to the drainage easement. Mares in turn sold it to Cloudview Estates in fee simple, subject to the same reco

More...   $0 (08-22-2011 - NM)

County of Boise v. Idaho Counties Rick Management Program

This is an insurance coverage dispute between the County of Boise (the County) and its insurer, Idaho Counties Risk Management Program (ICRMP). ICRMP refused to defend the County in Fair Housing Act (FHA) litigation in federal court, which the County claimed breached its insurance agreement. The district court determined the FHA claims against the County were excluded from the policy and granted s

More...   $0 (11-30-2011 - ID)

Victor Aiuto v. City and County of San Francisco

Plaintiffs are owners of condominium units that are designated “Below Market Rate” (BMR units), and thus subject to restrictions imposed by the Below Market Rate Condominium Conversion Program (BMR Program) created by the City and County of San Francisco (the City), under authority of the state Subdivision Map Act (Gov. Code,

§§ 66410 et seq.) (SMA).1 Plaintiffs filed this lawsuit aga

More...   $0 (12-15-2011 - CA)

City of Tulsa v. John Stephen Jennings

City of Tulsa sued John Stephen Jennings and Rosa L. Jennings on eminent domain theories seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendants for public use.

The Court appointed Leroy McDaniel, Rick Thomas and Kathy Geyer commissioners to assess the damages sustained by Defendants for the taking of their property. The Commissioners aw

More...   $0 (11-14-2011 - OK)

SemCrude LP v. Alan C. Chittum

Semcrude LP sued Alan C. Chittum on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in real property owned by Defendant for Plaintiff's use for the purpose of building and maintaining a crude oil pipeline.

Defendant admitted that he owned the property Plaintiff sought to acquire for its pipeline.

The commissioners appointed by the Court

More...   $7919 (11-09-2011 - OK)

Department Of Transportation v. Belle Isle Community Church, Inc.

Department Of Transportation sued Belle Isle Community Church, Inc. on an eminent domain theory seeking to acquire certain rights, title and interests from Defendant by condemnation for public use. The property involved was locate don the east side of Highway 71/Portland Avenue, south of N.W. 150th Street. The date of taking was February 14, 2008.

The commissioners appointed by the Court

More...   $1020000 (11-07-2011 - OK)

Walz v. Tax Commission of the City of New York

Appellant, owner of real estate in Richmond County, New York, sought an injunction in the New York courts to prevent the New York City Tax Commission from granting property tax exemptions to religious organizations for religious properties used solely for religious worship. The exemption from state taxes is authorized by Art. 16, § 1, of the New York Constitution, which provides in relevant part:

More...   $0 (05-04-1970 - DC)

William R. Davis v. City of Leawood

William Davis and Fern Stultz sued to enjoin the City of Leawood (Leawood) from imposing special assessments on their properties for the purpose of financing the improvement of State Line Road. On cross-motions for summary judgment, the district court granted the injunction on the ground that only city-at-large funds, not special assessments, may be used to improve a designated main trafficway, a

More...   $0 (04-21-1995 - KS)

Merl S. Simmons v. City of Moscow

This case arises from challenges by property owners to assessments levied by the City of Moscow ("the City") pursuant to I.C. §§ 50-1701 through 50-1770. In June, 1980, the City formed Local Improvement District No. 94 to pay approximately one-half of the $1,600,000 cost of a downtown revitalization project, the other one-half being supplied by federal matching funds. The project consisted of co

More...   $0 (05-29-1986 - ID)

EHW Properties v. City of Eagan

In February 1989, respondent City of Eagan (city) authorized Public Improvement No. 533 to upgrade Diffley Road. The improvements were completed in 1990 and the city levied a $48,813.39 special assessment against the property of appellant EHW Properties in October 1991. Appellant sent written objection of the assessment to the city and filed a notice of appeal of the special assessment to the Dak

More...   $0 (07-06-1993 - MN)

Ashley Joffe v. City of Huntington Park

The plaintiffs, Ashley Joffe (Joffe) and Plycraft Industries, a California corporation (Plycraft; collectively, plaintiffs) appeal from the judgment of dismissal entered by the trial court following its order sustaining without leave to amend the demurrer of two defendants1 to plaintiffs‟ cause of action for inverse condemnation.2 This case raises issues concerning the application of the Supreme

More...   $0 (12-02-2011 - CA)

George H. Russell v. Waterwood Improvement Association, Inc.

This is an appeal from the trial court‟s grant of a temporary injunction restraining George and Suzanne Russell from interfering with the Waterwood Improvement Association‟s (“WIA”) maintenance of Waterwood Parkway. Appellants argue that the trial court erred in finding that WIA established a probable right to recovery, in improperly restricting their right to free speech, and in drafting

More...   $0 (11-17-2011 - TX)

United States v. River Rouge Improvement Co.

Pursuant to an appropriation for the improvement of the Rouge River, Michigan, made in the Rivers and Harbors Act of August 8, 1917,1 the United States filed in the District Court for the Eastern District of Michigan five petitions for the condemnation of numerous parcels of riparian land needed for such improvement, and, also, of a gas main passing underneath the river.2

The pe

More...   $0 (01-04-1926 - MI)

Margaret French v. Barber Asphalt Paving Company

This was a suit instituted in the circuit court of Jackson county, Missouri, by the Barber Asphalt Paving Company, a corporation whose business it was to construct pavements composed of asphalt, against Margaret French and others, owners of lots abutting on Forest avenue in Kansas City, for the purpose of enforcing the lien of a tax bill issued by that city in part payment of the cost of paving sa

More...   $0 (04-29-1901 - MO)

Rollow v. City of Ada

¶1 The dispositive question presented is whether under the Okla. Const., art. 2, § 23 1 and art. 10, § 7 ,2 or under 11 O.S. 1981 § 39-103 3 a city may pay more than [794 P.2d 1212] the fair market value for property which it acquires by creating an improvement district in order to benefit holders of worthless revenue bonds. We find that it may not.

¶2 The Ada Parking Authority (Auth

More...   $0 (07-10-1990 - OK)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher