Inverse Condemnation Law
 
Gulf Coast Waste Disposal Authority v. Four Seasons Equipment, Inc.

In this interlocutory appeal, Gulf Coast Waste Disposal Authority (“Gulf Coast”), a political subdivision of the State, appeals the trial court’s denial of its plea to the jurisdiction, asserting that it has immunity from suit. The underlying dispute arises from a commercial transaction in which Gulf Coast acquired a crane from Four Seasons Equipment, Inc. (“Four Seasons”) through an In

More...   $0 (06-24-2010 - TX)

Aaron Benay v. Warner Bros. Entertainment, Inc.

Plaintiffs are two brothers, Aaron and Matthew Benay, who wrote and copyrighted a screenplay, The Last Samurai (“the Screenplay”). The Benays contend that the creators of the film The Last Samurai (“the Film”) copied from the Screenplay without permission. They sued Warner Brothers Entertainment, Inc., Radar Pictures, Inc., Bedford Falls Productions, Inc., Edward Zwick, Marshall Herskovitz

More...   $0 (06-09-2010 - CA)

City of San Jose v. Union Pacific Railroad Company

Plaintiff City of San Jose (City) sued defendant Union Pacific Railroad Company (Union Pacific) to condemn roadway easements over railroad tracks so as to widen a road already traversing the tracks. The parties agreed on the taking and litigated the compensation issue in a court trial based on stipulated facts. The trial court awarded Union Pacific nominal compensation for the taking insofar as th

More...   $0 (06-11-2010 - CA)

Debora Palizzi, Gloria Bennett, and Palizzi & Son, Inc. v. City of Brighton

In this eminent domain action for property it desired for road improvements, the City of Brighton ("Brighton") condemned approximately 0.8 acres of agricultural land owned by Debora M. Palizzi, Gloria A. Bennett, and Palizzi & Son, Inc. (collectively "the Palizzis"). A jury awarded $204,387.15 as just compensation for the taken property, based on its highest and best use being for commercial and

More...   $0 (03-22-2010 - CO)

Destructors, Inc. v. City of Forest Hill

In three issues, Appellant Destructors, Inc. appeals the trial court=s order granting Appellee City of Forest Hill=s plea to the jurisdiction. We must determine whether the trial court had subject-matter jurisdiction to enjoin the enforcement of the municipal ordinance at issue. Because we hold that it does not, we affirm.

II. BACKGROUND

Destructors operates concrete and aspha

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Michael Nikolas v. City of Omaha

In July 2000, Michael E. Nikolas purchased 6.79 acres of land within three miles of the Omaha city limits, an area in which the City has statutory planning and zoning authority. See Neb. Rev. Stat. § 14-418. The property included a forested area, a ravine, a house, and a dilapidated two-story structure built by a prior owner without necessary building permits that the City had placarded for conde

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Wellswood Columbia, LLC, et al. v. Town of Hebron, et al.

The narrow question presented in this appeal is whether a town may close a town road that provides the sole existing access to a property in an adjoining town in order to prevent traffic from a proposed subdivision on the property from overburdening the road. The planning and zoning commission of the town of Columbia granted the application of the plaintiffs, Wellswood Columbia, LLC (Wellswood), a

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Douglas Knutson v. City of Fargo, etc.

Douglas and Linda Knutson appeal from the order of the District Court dismissing without prejudice their 42 U.S.C. § 1983 suit against the City of Fargo, North Dakota.

On July 8, 2003, a cast-iron water main belonging to the City broke, flooding the Knutsons' property and damaging their house and yard. In August 2004, they filed suit against the City in state court seeking damages under

More...   $0 (04-12-2010 - ND)

Al's Service Center, et al. v. BP Products North America, Inc.

This suit under the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801 et seq., pits a defunct gas station in Oakbrook Terrace (a suburb of Chicago), called Al’s Service Center, against BP, the giant oil company. Al’s’ owner is a coplaintiff, but we need not discuss him separately.

The suit was filed almost seven years ago and has dragged on unconscionably as a result of confused

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Sprint Communications Company, L.P. v. Albert E. Leggett, III

We granted discretionary review in this matter to consider issues relating to a landowner's abuse of process claim and other related claims, against a long-distance telephone communications carrier for its conduct in attempting to use the power of eminent domain to acquire the landowner's property. Specifically, we consider whether the tort of abuse of process may be established solely on the basi

More...   $0 (04-08-2010 - KY)

E & F Cox Family Trust, et al. v. City of Tulsa, et al.

PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT
AND BRIEF IN SUPPORT


             COME NOW Plaintiffs, E & F Cox Family Trust; Michael Samara; T.E. Morlan; Better Price Warehouse Sales Company, Inc.; and Koenig Properties, Inc.; pursuant to Rule 13 of the Rules for District Courts of Oklahoma, and move for Summary Judgment in this cause in their favor and agains

More...   $0 (04-07-2010 - OK)

Tulsa Community College v. Deborah Hampton

Tulsa Community College sued Deborah Hampton on an eminent domain theory seeking to acquire by condemnation certain rights, title and interested in property owned by her for a proposed public improvement. The Commissioners appointed by the Court awarded Ms. Hampton $150,000. Both parties requested a jury trial on the issue of damages.

More...   $401889 (03-04-2010 - OK)

Oklahoma Department of Transportation v. Sutherland Lumber and Home Center, Inc.

The Oklahoma Department of Transporation sued Sutherland Lumber on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in property owned by Sutherland for construction of a public highway. The specifics of the claims made and defenses asserted are not avaiable bu the Commissioners' award in the case was $427,280.

More...   $108802 (03-05-2010 - OK)

Robert Cochran, et ux. v. Griffith Energy Service, Inc. T/A E Wing Oil

This is the second appeal in a successful action by Robert and Suzanne Cochran (“the Cochrans”), the appellants, against Griffith Energy Services, Inc., t/a Ewing Oil (“Griffith”), the appellee, for damages caused by a fuel oil spill in the Cochrans’ home. The primary issue now in dispute is the amount of post-judgment interest the Cochrans are entitled to receive.

A jury in the C

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Carnelita Stokes v. Board of Education of the City of Chicago

On January 23, 2007, Principal Johnny Banks encountered what looked like a fight among several adult women in the office of his Chicago elementary school. At Principal Banks’ request, the police arrested four women. After criminal charges were dropped, two of the women sued Principal Banks and the Board of Education of the City of Chicago. Plaintiffs Nyokia and Carnelita Stokes are the mother an

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Key Properties Group, LLC v. City of Milford

Key Properties Group, LLC (“Key”), appeals from a Superior Court Final Award of Compensation Order and related orders. Those orders resolved a condemnation action, filed by the city of Milford (“Milford” or the “City”), to obtain temporary construction and permanent utility easements thorough Key’s Hearthstone Manor development (“Hearthstone Manor”). Before entering the Award Ord

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Coyote Publishing, Inc dba High Desert Advocate v. Ross Miller

[A]s long as poverty makes virtue hideous and the spare pocket-money of rich bachelordom makes vice dazzling, [the] daily hand-to-hand fight against prostitution with prayer and persuasion, shelters and scanty alms, will be a losing one.

—George Bernard Shaw, Preface to Mrs.

Warren’s Profession viii (1902)

The American experience with prostitution over the last hundre

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Rita Reid v. Lincoln Charter Township

Plaintiff Rita Reid, as trustee of the Rita G. Reid Trust, appeals as of right the July 16, 2008 final order granting summary disposition to defendant Lincoln Charter Township (the Township) on her claims for regulatory taking and inverse condemnation. Reid also appeals several other orders entered by the trial court: the May 18, 2007 order denying in part her motion for leave to file an amended c

More...   $0 (03-02-2010 - MI)

Mario Kacho v. KSK Hospitality Group, Inc.

Defendant KSK Hospitality Group, Inc. (“KSK”) appeals as of right the trial court’s order granting summary disposition to third-party defendant St. Paul Surplus Lines Insurance Company (“St. Paul”). We reverse and remand. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

KSK owns Woody’s Diner, where defendant James Gibbons worked as a manager. Plainti

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California Pharmacists Association v. David Maxwell-Jolly

Edmund G. Brown Jr., Attorney General of California, Jennifer M. Kim, Shannon M. Chambers and Randall R. Murphy, Supervising Deputy Attorneys General, and Gregory M. Cribbs, Deputy Attorney General, Los Angeles, California, for defendant-appellant David Maxwell-Jolly. Lloyd A. Bookman, Byron J. Gross, and Jordan B. Keville, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for plaintiffs-app

More...   $0 (03-03-2010 - CA)

Jersey Schools Construction Corporation v. David Lopez

In this condemnation action involving property located at

1501 Palisade Avenue, Union City, plaintiff, New Jersey Schools

Construction Corporation (plaintiff or SCC),1 challenges certain

rulings of the Law Division on in limine motions: (1)

determining that the value of the improvements to the property

made after the owner, defendant David Lopez, receiv

More...   $0 (02-19-2010 - NJ)

New England Estates, LLC v. Town of Bransford, et al.

This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford’s (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought purs

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Charles Kalil v. Town of Dummer Zoning Board of Adjustment

In these consolidated appeals, the plaintiffs, Charles and Brenda Kalil, contest two orders of the Superior Court (Vaughan, J.). In one, the court granted the motion to dismiss filed by defendant Town of Dummer (Town) on the ground that res judicata barred the plaintiffs’ writ alleging an inverse condemnation claim. In the other, the court denied the plaintiffs’ motion to amend their appeal of

More...   $0 (02-11-2010 - NH)

State of Oklahoma, ex rel. Department of Transportation v. Armon Dee Ames

The State of Oklahoma, ex rel. Oklahoma Department of Transporation sued Armon Dee Ames on an eminent domain theory seeking to acquire by condemnation certain rights, title and interested in real property owned by Defendant.

The Commissioners' award was $10,000.

Taking came within 8 feet of the man’s trailer home. Landowner and appraisal witness argued proximity damages even t

More...   $40000 (02-24-2010 - OK)

Roy Hansen v. City of Deland

Roy Hansen, Jane Hansen, and Clifford D. Bergeron (collectively "landowners") appeal the trial court's final judgment, which ruled that they failed to prove that the City of Deland ("City") had engaged in a taking of their properties. Finding no error, we affirm.

The landowners owned property located in an unincorporated area of Volusia County, near the Cross Creek Subdivision in Deland,

More...   $0 (02-26-2010 - FL)

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