Inverse Condemnation Law
 
Mettler Walloon, LLC v. Melrose TWP, Melrose TWP Planning Commission and Melrose TWP Zoning Board of Appeals

Plaintiff Mettler Walloon LLC (Mettler Walloon) appeals of right the trial court’s final judgment upon remaining claims, and the decision after trial. The trial court’s orders decided in defendants’ favor, finding no cause for action on plaintiff’s damages claims.1 We affirm.

I

The principal member of plaintiff is Louis P. Mettler (Mettler). Mettler acquired the property at

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Haroon Ismail Patel, M.D., et al. v. Trena Rodriguez

In this interlocutory appeal, appellants, Haroon Ismail Patel, M.D., Paul E. Stobie, M.D., and SheilaYvonne Owens-Collins, M.D., appeal the denial of their motion to dismiss a medical negligence lawsuit filed by appellee, Trena Rodriguez, individually and as representative for the estate of Corina Renee Gutierrez, deceased. (1) By various issues and sub-issues, appellants contend the trial court

More...   $0 (10-31-2008 - TX)

Kathleen M. Worman and Jeffrey Worman v. Columbia County, Oregon

After discovering damage to the trees and shrubs on their property, plaintiffs Kathleen and Jeffrey Worman brought inverse condemnation, negligence, and timber trespass claims against defendant Columbia County based on allegations that the damage resulted from herbicide sprayed by county personnel. The trial court granted summary judgment in favor of the county, and plaintiffs appeal. We affirm

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City of Wilson Development Commission v. Lila Ruth Boykin, d/b/a Lila Ruth Proctor, etc., et al.

Plaintiff, the City of Wilson Redevelopment Commission for Wilson, North Carolina, appeals from orders entered in connection with a condemnation action filed against Defendant-Appellees. We affirm.

The procedural history of this case is summarized in pertinent part as follows: In 1916 Eliza Boykin was granted a property located at 204 S. Vick Street in Wilson, North Carolina (the subje

More...   $0 (10-07-2008 - NC)

John Monks, et al. v. City of Rancho Palos Verdes

In 1978, the City of Rancho Palos Verdes enacted an ordinance imposing a moratorium on the construction of new homes in the vicinity where landslides had recently occurred. Plaintiffs own vacant lots covered by the moratorium. Some have been waiting over 30 years to build homes on their properties. Plaintiffs’ lots are zoned for single-family dwellings.

Eventually, the city council establ

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Mary's Bake Shoppe, et al. v. City of Cheyenne, Wyoming

[¶1] Mary Coonts owned and operated a business known as Mary’s Bake Shoppe. She also owned the building housing her business. In 2004, the building was severely damaged by fire. The City of Cheyenne determined the fire-damaged building posed a hazard to people’s health and safety and notified Coonts that it was condemning the building. Shortly after Coonts received the first notice of condemn

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The City of El Paso, Texas v. Truett L. Maddox, D.D.S. and Berry H. Edwards, Trustee

The City of El Paso, Texas, a Municipal Corporation, brings this interlocutory appeal from an order denying its plea to the jurisdiction. We sustain the City's sole issue for review, reverse the trial court's order denying the plea to the jurisdiction, and render judgment dismissing the underlying cause for want of subject matter jurisdiction.

FACTUAL SUMMARY

This is the third appeal

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Linda Gale Hurley v. Wood County Electric Cooperative, Inc.

Linda Gale Hurley, appearing pro se, (1) brings this appeal from a condemnation proceeding brought by Wood County Electric Cooperative (WCEC). WCEC filed a petition to condemn approximately 2.68 acres of Hurley's property to establish a 100-foot-wide easement for the erection of a transmission line. The trial court appointed special commissioners to assess damages; the damages were assessed at $4,

More...   $0 (09-26-2008 - TX)

Jimmy T. and Nancy A. Bauknight, et al. v. Monroe County

The plaintiffs property owners appeal a final summary judgment entered in favor of defendant Monroe County on the owners’ claim for compensation for the temporary taking of their respective properties. We agree with the trial court that the owners are not entitled to compensation and affirm the summary judgment.

The Bauknights, Mr. Skaggs, and the Rocketts each purchased a vacant lot on B

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Kittisia Brown Parmer v. Eduardo Malecio Bejulian

Kittisia Brown Parmer appeals the trial court's summary judgment in favor of Eduardo Malecio DeJulian and Monica Olivera. Parmer raises seven issues on appeal. We affirm.

Background

On October 9, 2003, DeJulian was driving a vehicle owned by Olivera when he was involved in an accident with Parmer. On October 6, 2005, Parmer sued DeJulian and Olivera and attempted to have both defend

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Mission Shores Association v. David Pheil

David Pheil (“Pheil”) appeals a trial court order that reduced the percentage of votes necessary to amend the Mission Shores Association’s (the “Association”) Declaration of Covenants, Conditions and Restrictions (“CC&R’s”). (Civ. Code, § 1356.1) Pheil challenges the order on the grounds the trial court erred in finding that (1) the amendment was reasonable (§ 1356, subd. (c)(5))

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Anthony Cribbin, et al. v. The City of Chicago, et al.

Land developers Anthony Cribbin and Peter Koulogeorge purchased property in Chicago with the intent of constructing apartment buildings on the property and then selling it at a profit. After they had owned the property for several years and incurred various expenditures in pursuit of their plans, the City of Chicago (City) rezoned the property, such that the planned construction was no longer allo

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Michael A. Lombardo v. Commonwealth of Pennsylvania, et al.

This case requires the Court to consider the contours of state sovereign immunity and under what circumstances such immunity may be waived.

Alleging violations of both federal and state antidiscrimination laws, Michael A. Lombardo (Lombardo) filed an employment discrimination complaint in the Court of Common Pleas of Luzerne County against the Commonwealth of Pennsylvania’s Department of

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Detroit International Bridge Company v. Commodities Expert Company and Walter Lubienski

Plaintiff appeals as of right from the trial court’s order granting summary disposition to defendants in this condemnation case. Plaintiff, which owns and operates the Ambassador Bridge connecting Detroit, Michigan, with Windsor, Ontario, had attempted to condemn defendants’ land in order to improve access on the Detroit side of the bridge.1 The trial court concluded that plaintiff did not ha

More...   $0 (07-22-2008 - MI)

University Rehabilitation Alliance, Inc. v. Farm Bureau General Insurance Company of Michigan

Defendant appeals by right from the order granting summary disposition to plaintiff and awarding plaintiff attorney fees in this no-fault insurance case. We affirm.

This case arose when Kimberly Sterling was either pushed from or jumped out of a moving motor vehicle, hitting the ground and receiving serious brain injuries. Defendant, Sterling’s no-fault insurer, originally refused to pay

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B. Willis, C.P.A., Inc. v. BNSF Railway Corp., Union Pacific Railroad Company, Public Service Company of Oklahoma

In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSO”) used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. (“Willis”). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this

More...   $0 (08-08-2008 - OK)

Rio Grande Kennel Club, et al. v. City of Albuquerque

{1} The Rio Grande Kennel Club and a number of individual dog owners, kennel owners, and veterinarians (collectively, Plaintiffs) filed a complaint in the district court seeking declaratory judgment and injunctive relief against the City of Albuquerque (the City) regarding the City’s Humane and Ethical Animal Regulations and Treatment ordinance (HEART). HEART regulates the ownership and car

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Provo City v. Kay J. Ivie

¶1 In 2002, Provo City sought to condemn Appellants' property to build a road and bike path that would connect two existing Provo streets. Because their property is in an unincorporated area of Utah County, Appellants disputed Provo's right to condemn the property. Provo City moved for immediate occupancy, which was granted, although the trial court stayed enforcement to allow Appellants to pursu

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York County v. Peter Alecxih

York County, Pennsylvania sued real estate developer Peter Alecxih on an eminent domain theory to acquire certain rights, title and interests in a 79-acre tract of land upon which he planned to build 51 luxury homes. The County offered him $2 million, which he reject. He sought between $16 and $17 million in compensation for the condemnation and taking of his property. The land which was taken i

More...   $17250000 (07-29-2008 - PA)

Angela Basham and Scott Basham v. City of Cuba, Missouri

Angela Basham and Scott Basham (plaintiffs) brought an action against the city of Cuba, Missouri. Plaintiffs' petition was in two counts. Count I sought damages for nuisance. Count II was an action for inverse condemnation. Both counts were directed to damages sustained at property plaintiffs own in the city that was damaged as a result of a sewer backup. The trial court found for the city on both

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Golden Gate Water Ski Club v. County of Contra Costa, et al.

Golden Gate Water Ski Club (the Club), a private nonprofit organization dedicated to the recreational sport of water skiing, appeals from an order denying its petition for writ of mandate and from a judgment dismissing its complaint. The trial court’s rulings leave in place an order by the Contra Costa County Board of Supervisors (the Board) ordering destruction and removal of all the dwelling u

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Brenton R. Smith v. Selma Community Hospital

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals.

Smith invoked the next stage of the peer review process by requesting a formal hearing.

The judicial review committee sat as a trier of

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Chapman Lumber, Inc. v. Clifford L. Tager

These appeals arise out of litigation brought against an attorney for the allegedly improper actions he undertook in connection with his representation of a financially troubled client. Both the defendant, Attorney Clifford L. Tager, and the plaintiff, Chapman Lumber, Inc., have appealed from the judgment rendered in accordance with a jury verdict, as it subsequently was modified by the trial cour

More...   $0 (07-22-2008 - CT)

B. Willis, C.P.A., Inc. v. BNSF Railway Corporation, Union Pacific Railroad Company, Public Service Company of Oklahoma

In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSO”) used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. (“Willis”). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this

More...   $0 (07-20-2008 - OK)

James and Carol DeHaven v. Don and Sherrie Hall

[¶1.] James and Carol DeHaven (DeHavens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens' property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand.

More...   $0 (07-19-2008 - SD)

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