This case arises out of a condemnation action for a way of private necessity. It asks us to determine whether, under RCW 8.24.030, the trial court had the discretion to require the original condemnee to pay an alternative condemnee’s attorney fees and to reduce the original condemnee’s award of attorney fees due to the alternative condemnee’s involvement in the action. Fred and Faith Noble (

Peter Amato and Michael Noto sued Clarks Summit on an inverse condemnation theory claiming that defendant wrongfully damaged a 101-acre tract of land owned by him when it closed a 117-square foot section Grandview Avenue. Plaintiffs claimed that they were forced to make costly improvements to other roads and caused property values to fall.

The defenses asserted by Defendant are not availab

Appellants Cen-Tex Rural Rail Transportation District and Fort Worth & Western Railroad Company filed this interlocutory appeal from the trial court=s orders denying their pleas to the jurisdiction in three separate pipeline condemnation cases brought by appellees Worsham-Steed Gas Storage, L.P., Cowtown Pipeline Partners LP, and Enbridge Gathering (NE Texas Liquids), L.P. The primary issue we mu

A broker contracted with a buyer to locate real property for the buyer to purchase. The buyer entered into a buy-sell contract with the seller, but escrow never closed. The broker sued the buyer to recover its commission. The trial court granted the buyer‟s motion for summary adjudication of the first cause of action for breach of the broker‟s agency agreement and the second for breach of the

Peter Amato sued Clarks Summit on an inverse condemnation theory claiming that defendant wrongfully closed a 117-square-foot section of Grandview Street in 2003 and damaged 101 acres of property owned by him down the street that he and developer Michael Nota had received approval to build 39 single-family homes and 140 townhouses. Plaintiffs maintained the closure lowered property values in the de

The plaintiff, the city of Milford, appeals from the judgment of the trial court increasing the amount of compensation payable to the defendants1 by the plaintiff in connection with the condemnation of certain real property. The plaintiff claims that the court improperly awarded the defendants compensation for the diminution in value of a hypothetical lot of a subdivision when there was no evidenc

Daniel Guggenheim and others bring a facial challenge to the City of Goleta’s mobile home rent control ordinance.

Guggenheim argues that the ordinance, which effects a transfer of nearly 90 percent of the property value from mobile home park owners to mobile home tenants, constitutes a regulatory taking under Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978). We have f

Affirmed on appeal; on cross-appeal, reversed and remanded for modification of judgment so as to permit PacifiCorp's upgrade of electrical transmission lines and to permit vehicular access to easement over plaintiffs' driveway in event of an emergency, with proviso that PacifiCorp shall pay costs to repair any damage caused by its vehicles.

ORTEGA, J.

This is a dispute over electrica

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 action”) alleging that the City unlawfully retaliated agains

Appellants, referred to collectively hereafter as “Gallatin,” argue that the district court made a number of errors in entering an order of condemnation in favor of appellee Burlington Northern Santa Fe Railway Company (“BNSF”) in regard to the 50-foot wide tract of land described in the caption (50-foot tract). Gallatin asserts six points of error. Because we find that none of them have m

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’

¶1 The central issue in this controversy is whether a municipality's authority to condemn property for economic redevelopment and blight removal is limited to special statutes expressly giving such authority, or in the alternative whether a municipality may condemn property for blight removal and economic development pursuant to a general power of eminent domain. In this controversy a municipalit

¶1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 § 5 to suppor

Since 1989, Maine has required all hospitals to provide free medical services to certain low income patients under a set of statutes and regulations collectively known as "free care laws." See Me. Rev. Stat. Ann. tit. 22, §§ 1715, 1716; 10-144-150 Me. Code R. § 1.01 et seq. Maine's free care laws do not reimburse the hospitals for their expenses incurred in delivering care to low income patient

¶1 We review for a second time the Utah Department of Transportation’s (UDOT) taking of property owned by the Appellants, James Ivers, Katherine G. Havas, and P&F Food Services (collectively, Arby’s). In Ivers v. Utah Department of Transportation, 2007 UT 19, 154 P.3d 802, we addressed whether damages were awardable for Arby’s loss of view where the viewimpairing structure was not built on

Plaintiffs appeal following the trial court's entry of summary judgment in favor of defendant. Plaintiffs, who are owners of real property in Douglas County, Oregon (the Wolf property), brought this action against defendant, claiming a prescriptive easement that would allow them to continue to use the private crossing over defendant's railroad tracks that intersect their land. They also sought d

The City of Branson, Missouri, exercised its eminent domain authority by condemning a parcel of land in Branson Hills, a development in Taney County, Missouri, owned by Grant General Contractors, Inc. (Grant). An order of condemnation was entered appointing commissioners to assess damages as prescribed by Rule 86.06. The Commissioners’ Report was filed, after which exceptions were filed by the c

Plaintiff Securities and Exchange Commission ("Commission"), for its Complaint against Defendants Maurice R. Greenberg and Howard 1. Smith (collectively, "Defendants"), alleges as follows:

SUMMARY OF ALLEGATIONS

I. From at least 2000 until 2005, Maurice R. Greenberg, the former chairman and chief executive officer ofAmerican International Group, Inc. ("AIG"), and Howard 1. Smith,

In a single issue, appellant Arlo L. Schriver as trustee of the Schriver Family Trust (the Trust) asserts that the trial court erred in granting the plea to the jurisdiction filed by appellee the Texas Department of Transportation (TxDOT). We affirm.

I. Background

The Trust owns approximately .251 acres of land in Tarrant County (the Proper

In this interlocutory appeal, appellant, the City of Corinth (the City), challenges the trial court=s denial of its plea to the jurisdiction on sovereign immunity grounds against claims asserted by appellees NuRock Development, Inc., NuRock Corporation, NDG-Tower Ridge 1, LLC, and Tower Ridge Corinth 1, Ltd. (collectively, NuRock). We affirm in part and reverse and dismiss in part.

I. Bac

In the Circuit Court for Baltimore City, after a jury awarded $2,300,000 in noneconomic damages to Kelly Green,1 Petitioner, for injuries resulting from her exposure to lead-based paint, the Circuit Court entered the following ORDER: The jury in the above-captioned case on March 26, 2007, having entered verdict in the above-captioned case in favor of the Plaintiff, and said verdict being in excess

In this case, we review System Components Corp. v. Department of Transportation, 985 So. 2d 687 (Fla. 5th DCA 2008), in which the Fifth District Court of Appeal certified that its decision directly conflicts with the decision of the Fourth District Court of Appeal in State Department of Transportation v. Tire Centers, LLC, 895 So. 2d 1110 (Fla. 4th DCA 2005). We thus possess and exercise our discr

NRS 334.030 facilitates the purchase of surplus governmental property by a governmental entity from another governmental entity. Specifically, NRS 334.030(2), (3), and (4) set forth special provisions for governmental entities entering into contracts for such purchases. NRS 334.030(5) suspends any law that is inconsistent with the other NRS 334.030 provisions.

In this appeal,

[¶1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand.

Background

[¶2.] James Swaby, et al

Twenty Oak View homeowners sued Ventura County and the county Watershed Protection District on an inverse condemnation theory claiming that changes to the public projects built between 1974 and 2000 diverted high-water flows from the Ventura River and, as a direct result, high water after a storm in 2005 eroded the base of the Monte Vista bluff with resulting damage to their homes.

The defe