Inverse Condemnation Law
 
Dorothy English v. Multnomah County

Defendant Multnomah County appeals a supplemental judgment, that awarded attorney fees, expenses, and costs to plaintiff Dorothy English after she obtained a general judgment for $1,150,000 in just compensation pursuant to ORS 197.352 (2005) (commonly known as Measure 37).(1) The central issue on appeal is whether ORS 197.352(6), the statute that governed attorney fees in Measure 37 cases, author

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Vertex Holdings, LLC v. James Cranke II, et al.

¶1 Defendants/Appellants James Cranke, II, Hope Cranke, and Steve A. Rush (collectively, Appellants) appeal the trial court's judgment granting Plaintiff/Appellee Vertex Holdings, LLC a perpetual easement of necessity over certain real property, awarding damages to Appellants, and awarding attorney fees to Vertex. The trial court erred in awarding a perpetual easement of necessity where the essen

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City of Tulsa v. Raintree Estates I, Inc.

¶1 Appellant Raintree Estates I, Inc., d/b/a Silver Ridge Townhomes, a/k/a Raintree Estates I Condominiums Homeowners Association (The Association) seeks review of the trial court's order directing the distribution of proceeds of a Commissioners Report to individual condominium unit owners in a condemnation action filed by Plaintiff City of Tulsa (The City). Appellant also appeals a subsequent or

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State of Oklahoma, ex rel. Department of Transporation v. Al "Yogi" Kelly Cole; Bank of America; et al.

¶1 The first-impression issue presented to this Court on certiorari from the three interlocutory orders entered in condemnation proceedings is whether an application to withdraw funds which contains the phrase "pending trial on the issues by jury" constitutes a demand for a jury trial as required by title 69, section 1203 when the condemnor waits almost two years before filing a motion to strike

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The State of Oklahoma, ex rel. Department of Transportation v. Siegrist Farms, LLC

The State of Oklahoma, ex rel. Department of Transportation sued Siegrist Farms, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests owned by Defendant in Canadian county real property for a public use.

The commissioners appointed by the court returned an award of $24,500.00 which was deposited with the clerk of the court.

Both

More...   $17628 (06-12-2009 - OK)

Anastasiya Komarova v. National Credit Acceptance

This lawsuit arises from the efforts of defendant National Credit Acceptance, Inc. to collect a consumer debt from plaintiff Anastasiya Komarova that she did not owe. We review alleged debt collection abuse in the context of a mistaken identity case. Defendant appeals (A121316) from the judgment for plaintiff on jury verdicts finding defendant liable for violations of the Robbins-Rosenthal Fair De

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City of DeSoto, Texas v. Justin White

A police officer who has been suspended from duty has a right to appeal that action to either a civil service commission or to an independent, third-party hearing examiner. If the officer appeals to a hearing examiner, his ability to seek further review in a district court is severely limited. The suspended police officer in this case elected to appeal to a hearing examiner, but the City failed to

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Muslim Community Center v. The Village of Morton Grove

The question presented in this consolidated appeal is whether the circuit court erred in finding that plaintiff, Muslim Community Center (MCC), was the owner of certain property located in the Village of Morton Grove, Illinois. Defendant, Village of Morton Grove (Village), contends on appeal that it holds title to the property. For the foregoing reasons, we affirm the circuit court's orders in fav

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Clallam Transit v. Anh Voang

Clallam Transit sued Anh Voang on an eminent domain theory seeking to acquire by condemnation 6,960 square feet of Ms. Voang's property for used as part of The Gateway transit center.

Voang sought $539,260 in compensation for the taking of her property and $155,000 in severance damages to the Harbortowne Mall which was located on a portion of the property not taken.

More...   $336132 (06-05-2009 - WA)

Deb Associates v. Greater New York Mutual Insurance Company



This case concerns insurance coverage for costs associated with bringing undamaged portions of a damaged structure up to current construction code standards. Defendant Greater New York Mutual Insurance Company (GNY) appeals from two trial court orders dated May 13, 2008 and May 28, 2008, granting summary judgment to its insured, plaintiff DEB Associates, and awarding damages. We affirm, ba

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Riverwatch Condominiums Owners Association v. Restoration Development Corporation, et al.

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’

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Donna Kay Busch v. Marple Newtown School District, et al.

Plaintiffs, who are mother and son, bring free speech, establishment, and equal protection claims against Defendants, who are school officials and the school district. These claims stem from an elementary school’s restriction of the mother’s effort to read aloud from scripture to students in her son’s kindergarten classroom as part of a curricular “show and tell”- type activity. The Dist

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State of Oklahoma, ex rel Department of Transportation v. Deril J. Lees Revocable Living Trust, et al.

The Oklahoma Department of Transportation sued Deril J. Lees Revocable Living Trust, and others on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in property owned by Defendants for the construction of a public highway. Commissioners appointed by the Court awarded Defendants $925,000.00.

More...   $1030000 (05-07-2009 - OK)

Vance Cummins, et al. v. Robinson Township, et al.

These are consolidated cases in which plaintiffs are residents of Van Lopik and Limberlost subdivisions in Robinson Township who assert tort claims and constitutional violations against the township, its board members (Berens, Frye, Clark, Kuyers, Mulligan, Korving, Kuncaitis, Masko, Rayla, Stille, Harmon), its building officials (Easterling & Forner), and others, after the Grand River flooded in

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City of Hartsville v. South Carolina Municipal Insurance & Risk Financing Fund

In this declaratory judgment action, South Carolina Municipal Insurance and Risk Financing Fund (Insurer) appeals the circuit court’s order finding the Insurer had a continuing duty to defend the City of Hartsville (City) and ordering it to pay the City the costs it incurred from having to defend against a suit brought by a Hartsville landowner. Pursuant to Rule 204(b), SCACR, this Court certif

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Jack McLeod v. State of Montana, acting by and through the Montana Department of Transporation, and Sue Hoell, et al.

¶1 Jack McLeod appeals from the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of defendants Sue Hoell and the State of Montana on McLeod’s libel, slander, and malicious prosecution claims. We affirm.

BACKGROUND

¶2 McLeod is a certified real estate appraiser. He owns McLeod Realty in Butte, Montana, and is frequently hir

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Bob Backman v. Thomas L. Lawrence and Debra A. Lawrence

Appellants Bob and Rhonda Backman (the Backmans) seek access to their property in Bonner County via roadways that pass over land owned by Respondents Thomas and Debra Lawrence, James and Linda Spagon, Keith and Priscilla Lloyd, Bruce and Deborah Johnson, Weston Millward, Gregory and Theresa Zirwes, Christopher Bessler, Patrick and Michelle McKenna, Christopher and Susan Grant, and Kevin Schrader (

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Jacobsville Developers East, LLC v. Warrick County, Indiana, et al.

Jacobsville Developers East, LLC (“JDE”), appeals the trial court’s dismissal of its complaint for inverse condemnation against the Warrick County Board of Commissioners (“County”) and the Warrick County Area Planning Commission (“APC”). We affirm.

Issue

The dispositive issue is whether the trial court erred in dismissing JDE’s inverse condemnation action for lack o

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Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country Club, et al.

This is a consolidated appeal arising out of flooding on residential property located on Rathmor Road in the City of Bloomfield Hills. In Docket No. 275580, plaintiff Marilyn Froling Revocable Living Trust (the Froling Trust) appeals as of right from the trial court’s December 21, 2006 order granting the City of Bloomfield Hills (the City), Alan and Marilynne Kiriluk, Roger and Barbara Smith, an

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Guy Molinari v. Michael R. Bloomberg, et al.

8 Plaintiffs-Appellants appeal from the judgment of the United States District Court for the
9 Eastern District of New York (Charles P. Sifton, Judge), granting defendants’ motion for
10 summary judgment and dismissing plaintiffs’ Amended Complaint. At issue in this litigation is
11 an amendment to the Charter of the City of New York, entitled Local Law 51, which was passed
12

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Donald Sable II v. Stewart E. Myers, Jr., et al.

Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defend

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Town of Perry v. DSG Evergreen Family Ltd. Partnership

DSG Evergreen Family Limited Partnership appeals a circuit court order assigning the Town of Perry’s condemnation petition to the county condemnation commission. The primary issue is whether the Town violated the negotiation requirement in WIS. STAT. § 32.06(2a),1 causing a “fundamental” defect in the condemnation proceedings. DSG argues that such a defect arose because, after the time for

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DONALD SABLE II, v. STEWART E. MYERS, JR., R GREGG RAWLS, JOHN A. LIPPERT; KATHY WALBERT WALKER, and CITY OF NICHOLS HILLS

Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defen

More...   $0 (04-24-2009 - )

City of Richmond Heights v. Dorothy Waite, et al.

The City of Richmond Heights (the City) appeals from the trial court’s judgment dismissing the City’s condemnation action. The City seeks to condemn a parcel of property owned by Dorothy Waite (Seller) located within the Hadley Township Redevelopment Area. The trial court dismissed the City's petition based on its finding that the offer made by the City to purchase the property was not a bindi

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Township of West Orange v. 769 Associates, LLC

We are called upon in this matter to interpret the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, which provides in relevant part that:

If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such re

More...   $0 (04-09-2009 - NJ)

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