Inverse Condemnation Law
 
Porretto v. Texas General Land Office

The Porretto family sued the Texas General Land Office over a prime piece of waterfront real estate between 10th and Sixth streets in Galveston on an inverse condemnation theory claiming that the land office illegally took the family’s land when it leased some of the property to the Galveston Park Board of Trustees, which in turn leased it to concessionaries. They also claimed that because titl

More...   $1 (01-16-2009 - )

James A. Wilfong and maria Herrera v. North Carolina Department of Transportation

Defendant, the North Carolina Department of Transportation (DOT), appeals from an order finding it liable to James Wilfong and Maria Herrera (Plaintiffs) for damages arising from Defendant's inverse condemnation of Plaintiffs' property. We dismiss as interlocutory.

This appeal arises from a road improvement project by Defendant that included widening of Cheek Road in Durham County, Nort

More...   $0 (01-09-2009 - NC)

Town of North Topsail Beach v. Janice M. Forster-Pereira, et al.

In May of 2006, Town of North Topsail Beach (“plaintiff”) filed fourteen separate condemnation actions against defendants listed above (collectively “defendants”). Pursuant to a joint motion, the matters were placed on inactive status on 9 November 2006. On 22 March 2007, defendants filed a motion to consolidate plaintiff's fourteen separate actions and a calendar request to have a jury tr

More...   $0 (01-10-2009 - NC)

Department of Transportation v. David C. Blevins

The North Carolina Department of Transportation (DOT) appeals from an order entered 23 February 2006 in Haywood County Superior Court which compelled a revision to the plat depicting the boundaries of the subject property. DOT appeals and Defendant David Blevins cross-appeals from a judgment entered 17 September 2007 in Haywood County Superior Court following a jury award to Blevins in the amount

More...   $0 (01-06-2009 - NC)

Hattie Moore and James Moore v. Secura Insurance

In this case, we consider the assessment of attorney fees for “overdue” benefits under Michigan’s no-fault insurance statutes. MCL 500.3101 et seq.1

Under these statutes, personal protection insurance benefits become “overdue” when an insurer fails to pay “within 30 days after an insurer receives reasonable proof of the fact and of the amount of loss sustained.” MCL 500.3142(2

More...   $0 (12-30-2008 - MI)

Rodney Shands, et al. v. City of Marathon, etc.

Rodney Shands, Robert Shands, Kathryn Shands Edwards, and Thomas Shands, [collectively, “the Shands”] seek to reverse a final order granting the City of Marathon’s [“City”] motion to dismiss in an inverse condemnation case. The trial court’s order dismissed the Shands’ state claim finding the cause of action to be a facial taking brought beyond the applicable four-year statute of lim

More...   $0 (12-31-2008 - FL)

Thomas F. Collins, et al. v. Monroe County and The State of Florida

Thomas F. Collins and Patricia Collins, Donald Davis, Aurelia Del Valle and Maria Del Valle, Hill Family Investments, Inc., Richard J. Johnson and Joann C. Johnson, Robert A. Lomrance, Joseph Magrini and Elda S. Magrini, Keith P. Radenhausen, Frank J. Schnieder, Mary Ann Ricklin, Rosemary Riordan, Hubert Tost and Marilyn Tost, and Samuel I. Burstyn, P.A., [collectively, “the Landowners”] appea

More...   $0 (12-31-2008 - FL)

United States v. Creative Compounds, LLC

Creative Compounds, LLC, illegally imported 8800 pounds of powdered egg whites intended for human consumption from Peru. After the product mistakenly cleared U.S. Customs, it was detained by the U.S. Department of Agriculture at a warehouse in Missouri. When Creative could not obtain a certificate from the Peruvian government that would permit use of the product as animal feed, the United States c

More...   $0 (12-24-2008 - MO)

Royal Investment Group, et al. v. Don C. Wang

This lawsuit arises from a dispute between Don C. Wang, appellee, and Sean Shahparast, the sole member of Royal Investment Group, LLC, (collectively, “Royal”), appellants, over their negotiations for Royal to purchase from Mr. Wang a house and real property located at 5281 Goldsboro Road in Montgomery County (“the Property”). Negotiations broke down, and the parties did not proceed to sett

More...   $0 (12-04-2008 - MD)

Lynnebrook adn Woodbrook Associates, et al. v. Borough of Millersville

In this appeal, we are asked to determine whether the Commonwealth Court erred in upholding the trial court’s determination that Millersville Borough Ordinance No. 2004-5, levying a $30 tax on the consummation of residential lease transactions, was permitted under Section 2(1) of the Local Tax Enabling Act (“LTEA”).1 For the following reasons, we reverse.

The facts of this case are st

More...   $0 (12-17-2008 - PA)

State of Oklahoma, ex rel. Department of Transporation v. Charles G. Perdue, et al.

¶1 The issue presented is whether the trial court erred by confirming the amended report of the commissioners, despite the fact that ODOT filed an exception requesting the amended report nearly two years after the statutory filing period had expired. We hold that it did.

FACTS

¶2 On July 2, 2004, the Oklahoma Department of Transportation (ODOT) filed a petition to condemn two parce

More...   $0 (12-09-2008 - OK)

Transwestern Pipeline Company, LLC v. 17.19 Acres of Property Located in Maricopa County, etc., et al.

Transwestern Pipeline Co. (Transwestern) appeals the district court’s denial of its preliminary injunction motion seeking immediate possession of appellee landowners’ parcels of land. As a holder of a valid Federal Energy Regulatory Commission (FERC) certificate, Transwestern claims it is entitled to condemn appellees’ land pursuant to § 717f(h) of the Natural Gas Act (NGA). The district co

More...   $0 (12-11-2008 - AZ)

Juan Jose Siller v. LPP Mortgage, Ltd.

Juan Jose Siller and Perfecta G. Siller appeal the trial court's order granting summary judgment in favor of LPP Mortgage Ltd. in a lawsuit in which Juan and Perfecta assert numerous claims against LPP arising from a dispute over the title to certain real property. Because the summary judgment evidence raised a genuine issue of material fact with regard to the ownership of the property, we reverse

More...   $0 (12-10-2008 - TX)

Charles Fitzgerald; Kenneth Cline v. Willard R. Harris, Jr., in his capacity as Director of the Maine Bureau of Parks and Lands

This case raises the issue of whether a Maine statute governing the management of a state-administered river, the Allagash Wilderness Waterway ("AWW"), Me. Rev. Stat. Ann. tit. 12, § 1882, is preempted by certain sections of a federal statute, the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.C. § 1271 et seq.

Plaintiffs Charles FitzGerald and Kenneth Cline (collectively "FitzGeral

More...   $0 (12-05-2008 - ME)

Clear Channel Outdoors v. Harris County

Clear Channel Outdoors sued Harris County on an inverse condemnation theory claiming that the County violated the Texas Constitution when it built a ramp linking the High Occupancy Vehicle lanes to Metro's Addicks Park & Ride that blocked motorists' view of a billboard owned by Plaintiff. Clear Channel's appraiser pegged the value of the billboard and the easement at about $1 million. Harris Coun

More...   $525000 (12-12-2008 - )

Suzanne Snaza v. The City of St. Paul, MN

Suzanne Snaza commenced this action against the City of St. Paul alleging that her constitutional rights to substantive due process, equal protection, and just compensation were violated by denial of her application for a conditional use permit. The district court1 granted the city's motion for summary judgment. Snaza appeals, and we affirm.

In 1999 Snaza's father, Bernard, applied for a co

More...   $0 (12-04-2008 - MN)

Java Oil Limited, et al. v. Harold V. Sullivan, II

Harold Sullivan II appeals from a judgment entered pursuant to the Uniform Foreign Money-Judgments Recognition Act (UFMJRA). (Code Civ. Proc., § 1713 et seq.) He argues that attorney fee awards entered by a court in Gibraltar constituted a penalty, violated California public policy, and should not be recognized. We find no error and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Peter La

More...   $0 (12-02-2008 - CA)

City and County of San Francisco v. Martin J. Coyne, et al.

Appellants Martin J. Coyne (Coyne) and Brian Murphy O’Flynn (O’Flynn) are former owners of a parcel of undeveloped property located on Lombard Street in San Francisco that was acquired by respondent City and County of San Francisco (CCSF) in an eminent domain proceeding. The taking frustrated appellants’ plan to develop a multiunit residential and commercial complex on that site, and in the

More...   $0 (12-09-2008 - CA)

The Lamar Corporation v. The City of Long View, Texas

The City of Longview Director of Planning (Director) denied the Lamar Corporation's (Lamar) application for work permits on three of its billboards. Lamar appealed the Director's decision to the City of Longview Zoning Board of Adjustment (Board) and, based on the argument that an unconstitutional taking of private property without just compensation would result, requested a variance of a city or

More...   $0 (11-21-2008 - TX)

Trinity Cross v. Joseph J. Mokwa, etc.

The World Agricultural Forum (WAF) planned a conference in St. Louis in late May 2003. The St. Louis Police Department learned that prior WAF conferences in Boston, Washington, and other cities had attracted violent protests instigated by small anarchist groups that infiltrated peaceful protesters, and that Internet sites were exhorting out-of-town activists to travel to St. Louis to participate i

More...   $0 (11-14-2008 - MO)

South West Sand & Gravel, Inc. v. Central Arizona Water Conservation District

¶1 South West Sand & Gravel, Inc. (South West) appeals from a grant of summary judgment on its taking and tort claims against the Central Arizona Water Conservation District (the District). Based on our decision in West Maricopa Combine, Inc. v. Arizona Department of Water Resources, 200 Ariz. 400, 26 P.3d 1171 (App. 2001), Arizona Revised Statutes (A.R.S.) section 45-173 (1994), and Arizona’s

More...   $0 (11-12-2008 - AZ)

The State of Texas and The City of Rosenberg, Texas v. Badruddin Bhalesha and Samina Bhalesha

Appellants, the State of Texas (Athe State@) and the City of Rosenberg, Texas (Athe City@), bring this interlocutory appeal challenging the trial court=s order denying their pleas to the jurisdiction in a suit for inverse condemnation brought by appellees, Badruddin and Samina Bhalesha (Athe Bhaleshas@). We reverse the trial court=s order and render judgment granting appellants= pleas to the juri

More...   $0 (11-07-2008 - TX)

The City of Midlothian, Texas v. Letha Black

In this interlocutory appeal of the trial court’s denial of the City of Midlothian’s (Midlothian) plea to the jurisdiction, we decide if Texas Water Code section 11.086(a) expressly waives governmental immunity for Appellee Letha Black’s water code violation claim and then consider her alternative inverse condemnation claim. We hold that Midlothian is immune and that Black’s inverse conde

More...   $0 (11-07-2008 - TX)

Cadle Company v. David D'Addario, et al.

The plaintiff, the Cadle Company, appeals from the judgment of dismissal rendered by the trial court in favor of the defendants, David D’Addario and Lawrence D’Addario, both individually and as executors of the estate of F. Francis D’Addario (decedent). The court dismissed the plaintiff’s claims for lack of subject matter jurisdiction on the basis of its determination that the claims were

More...   $0 (10-28-2008 - CT)

Gregory Kloch v. Jon C. Bruning, etc.

In this interlocutory appeal, Nebraska Attorney General Jon Bruning seeks reversal of the district court’s decision denying him absolute and qualified immunity in the lawsuit brought under 42 U.S.C. § 1983 by Gregory M. Kloch, M.D., which claimed that provisions of Nebraska’s Uniform Licensing Law violated the due process clause of the Fifth and Fourteenth Amendments to the United States Cons

More...   $0 (11-04-2008 - NE)

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