Inverse Condemnation Law
 
Michael Chickonosky v. Margaret Chickanosky

¶ 1. JOHNSON, J. Mother appeals from a family court order granting father sole physical and legal rights and responsibilities of their child. She contends that: (1) the family court’s findings and legal conclusions are inconsistent with the evidence presented at trial and are based on inadmissible evidence; (2) the family court erred in failing to consider her argument that fathe

More...   $0 (09-22-2011 - VT)

Tulsa Community College v. Revocable Miller Family Trust

Tulsa Community College sued the Revocable Miller Family Trust on a condemnation theory seeking to acquire certain rights, title and interest in property owned by the trust for public purposes.

The Commissioners awarded Defendant $112,500.

More...   $112500 (09-20-2011 - OK)

Friends of Polk County v. Robert W. Oliver

2 Petitioners Friends of Polk County and Gloria Bennett (petitioners) appeal a
writ of review judgment.1 3 The judgment modified a decision of a Polk County hearings
4 officer that determined that claimant Martinson (claimant) had a vested right to develop a
5 30-acre portion of a 137-acre tract under section 5(3) of Ballot Measure 49 (2007), but
6 did not have a vested right to de

More...   $0 (09-28-2011 - OR)

Oklahoma Gas and Electric Company v. Star C Land & Cattle Company

Oklahoma Gas and Electric Company sued Star C Land & Cattle Company on an eminent domain theory seeking to acquire by condemnation an easement across Defendant's property to construct and improve a power line.

Commissioners appointed by the Court awarded Defendant $251,200 in damages.

Both parties demanded a jury trial on the issue of damages.

More...   $200000 (09-30-2011 - OK)

Robert B. Barton v. City of Norwalk

The defendant, the city of Norwalk, appeals from the judgment of the trial court denying its motion for summary judgment against the plaintiff, Robert B. Barton. The defendant claims that the court improperly concluded that the plaintiff’s inverse condemnation action was not precluded by (1) the existence of a judgment in a related eminent domain proceeding, (2) the doctrine of res judicata and

More...   $0 (09-27-2011 - CT)

Michael J. MIckel v. Robert J. Norton

Michael and Barbara Mickel appeal from a final judgment granting permanent injunctive relief to their neighbors, Robert and Mary Norton. We reverse.

This dispute arose when the Mickels installed a six-foot-high vinyl fence along the property line between their home and the Nortons' home. The Nortons sued the Mickels alleging the fence constituted a private nuisance and that it violated thei

More...   $0 (09-23-2011 - FL)

The Glenelk Assoication, Inc. v. Ronald P. Lewis

We granted certiorari to review the court of appeals’ unpublished decision in The Glenelk Ass’n, Inc.v.Ronald Lewis, No. 09CA1209.1 In this private condemnation proceeding, respondent Ronald P. Lewis seeks to condemn a private way of necessity across land owned by The Glenelk Association, Inc. (“Glenelk”) to access an allegedly landlocked parcel of land for residential development.2 The tr

More...   $0 (09-12-2011 - CO)

Bradley R. Johnson v. Poway Unified School District

We consider whether a public school district infringes the First Amendment liberties of one of its teachers when it orders him not to use his public position as a pulpit from which to preach his own views on the role of God in our Nation’s history to the captive students in his mathematics classroom. The answer is clear: it does not.

When Bradley Johnson, a high school calculus teacher, g

More...   $0 (09-13-2011 - CA)

MIlan Dediol v. Best Chevrolet, Inc.

Plaintiff-Appellant Milan Dediol (“Dediol”) appeals the district court’s grant of summary judgment for his former employer, Defendant-Appellee Best Chevrolet, Incorporated (“Best Chevrolet”), on his claims of hostile work environment and for constructive discharge. Because we find genuine issues of material fact, we REVERSE AND REMAND.

This case is being 1 decided by quorum due to

More...   $0 (09-12-2011 - LA)

Robert J. "Bob" Barton v. City of Midwest City

¶1 The plaintiffs, Robert J. "Bob" Barton (Barton); Robert J. "Bob" Barton, Trustee of the Robert J. "Bob" Barton Revocable Trust, dated September 23, 1992 (Barton Trust); House of Realty, Inc. (HRI); and collectively the following "Tenants", Pamela L. Barton Stober, Sharlett R. Madison, Jeffrey C. Tackett, Harlan Drake, Phillis Casey, Larry Phillips, Iris Jones, Diane Frith, Richard Spriggs, Ric

More...   $0 (06-07-2011 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Joleta Kay Ingersoll

State of Oklahoma, ex rel. Department of Transportation sued Joleta Kay Ingersoll and Larry Dean Spurlock on eminent domain theories seeking to acquire property owned by them by condemnation for public use.

The Commissioners appointed by the Court to appraise the property awarded Defendants $106,500.

More...   $277000 (08-31-2011 - OK)

Yvonne Como v. City of Beaumont, Texas

This is an appeal from the trial court‟s dismissal of a suit based on a city‟s claim of sovereign immunity. The City of Beaumont declared Yvonne Como‟s commercial building a public nuisance and condemned the property. Como did not challenge the condemnation by filing a writ of certiorari, but she sued the City more than one year after the City demolished the building. The trial court granted

More...   $0 (08-31-2011 - TX)

Sarah Illig v. Union Electric Company

Sarah and Gale Illig (collectively, "Illig"), on behalf of themselves and others similarly situated, brought suit against Union Electric Company ("Union") in Missouri state court, alleging claims of inverse condemnation and trespass under Missouri law.

The Surface Transportation Board (STB) regulates "the construction, operation, and abandonment of most railroad lines in the United States."

More...   $0 (08-31-2011 - MO)

Marion Energy, Inc. v. KFJ Ranch Partnership

¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits

More...   $0 (08-19-2011 - UT)

Michael T. Gutierrez v. County of San Bernardino

The present action is brought by plaintiff homeowners, Michael T. Gutierrez, Louise Gutierrez, Martin Gutierrez, Jr., Carmen V. Gutierrez, Anthony Bieggar, Rosa Bieggar, Frank Magdaleno, Carol Magdaleno, Ulric Presta, Nikki Presta, Chris E. Scott, and Michelle L. Scott, for inverse condemnation against defendant County of San Bernardino (the County). The alleged takings occurred during rainstorms

More...   $0 (08-24-2011 - CA)

Elaine Desouza Gladstone v. Bartlesville Independent School District No. 30

¶1 The dispositive issue on certiorari is whether the terms of §155(14)2 of the Governmental Tort Claims Act [GTCA] - which exclude from state tort liability claims for death (or bodily injury) from an on-the-job injury covered by workers' compensation but extend government's tort accountability to claims by persons with access to collateral sources of indemnity other than workers' compensation

More...   $0 (03-18-2003 - OK)

Gearld Dwain Spears v. Oklahoma Department of Transporation

¶1 Defendant/Appellants, Oklahoma Department of Transportation (ODOT) and Oklahoma Real Estate Appraiser Board (Board), seek review of the district court's order which reversed and remanded Board's order denying the application of Plaintiff/Appellee, Gerald Dwain Spears (Appraiser), for court costs, witness fees, and attorney fees in two previous cases before Board. We reverse the district court'

More...   $0 (06-01-2007 - OK)

Paul Oliver v. James Henry

¶1 Defendant, James Henry, appeals the trial court’s ruling that Plaintiff, Paul Oliver, experienced an actual and provable financial loss for diminished value of his automobile after an accident, despite the fact that Oliver did not sell, exchange, or otherwise dispose of the automobile. We affirm.

BACKGROUND

¶2 The material facts are uncontested: In October 2008, Oliver purchas

More...   $0 (07-28-2011 - AZ)

Charles Seber and Barbara Seber v. Union Pacific Railroad Company

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.

BACKGROUND

This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-o

More...   $0 (08-16-2011 - TX)

Linda A. Copeland v. Robert E. Anderson

¶1 Does civil liability for the tort of perjury exist in this state? This is the foremost question which arises from the sustention of a demurrer to plaintiff's cause of action for perjury and pretrial deceit. A procedural problem concerning our jurisdiction to review will be preliminarily disposed of sua sponte. We hold that civil liability for the tort of perjury does lie in this state but that

More...   $0 (09-24-1985 - OK)

Jess Albert Underwood v. The State of Oklahoma, ex rel. Department of Transportation

¶1 Appellant (Department) seeks review of a judgment for Appellees (Landowners) in this action for injury to real property. It further seeks review of the trial court's order assessing attorney fees. We affirm.

¶2 Landowners filed their petition on July 1, 1988. They claimed Department, as part of a road improvement project in 1983, replaced a culvert which had been draining their land wi

More...   $0 (03-09-1999 - OK)

Matilda H. Rummage v. The State of Oklahoma ex rel. Department of Transportation

¶1 In this action for injury to real property as the result of continual flooding, Appellants (Landowners) seek review of the trial court's order granting summary judgment in favor of Appellee (Department). We reverse and remand.

¶2 Landowners filed separate petitions alleging substantially similar facts. Bailey and Rummage filed their petitions on May 22, 1989. Allen filed his on July 10

More...   $0 (03-02-1993 - OK)

Gary Smith v. Jersey Central Power & Light Company

This is an unusual case involving a nuisance claim based on "neutral-to-earth voltage" (NEV), also called "stray voltage" or "stray current," passing along the ground of a residential property. Plaintiffs, Gary and Eileen Smith, husband and wife, sued defendant, Jersey Central Power & Light Company, because high NEV levels from its electrical distribution system gave them shocks in their backyard.

More...   $0 (08-10-2011 - NJ)

Willis Martin, Jr. v. City of Temple

Appellant Willis Martin, Jr. sued appellees the City of Temple and John Bailey, Susan Long, Jamey Secrest, Randy Stumberg, John Tolbert, Bill Jones, Ernest Knox, Sr., Dean Winkler, David Blackburn, Richard Therriault, Brian Kosel, Danny Dunn, Jason Vandever, Jimmy Taylor, and Kathleen Barina, all individuals employed by or associated with the City, asserting negligence related to a house he bought

More...   $0 (08-11-2011 - TX)

Texas General Land Office v. Sonya Porretto

O P I N I O N

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own the strip of property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for bea

More...   $0 (08-04-2011 - TX)

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