Plaintiff Illinois Department of Transportation (Department) filed a complaint for condemnation of a parcel of property owned by defendant Speedway Superamerica LLC (Speedway). Speedway and defendant Leroy Anderson, as an interested party, filed a traverse and motion to dismiss, which the trial court denied. On appeal, Anderson contends that the trial court’s quick-take order must be reversed be

This case involves a battle between two insurance companies over what portion of a $3.75 million wrongful death settlement each of them should be required to pay. Plaintiffs, American Automobile Insurance Co. and American Insurance Co. (collectively referred to as “American�), argue that the district court erred in holding that Defendant, Transportation Insurance Co. (“Transportation�), wa

Appellee, John McElwee ("McElwee"), owned and operated a printing business, Thomas A. McElwee & Son, Inc., on the 6200 block of Market Street in West Philadelphia. The business had existed in that location since the 1950s, and McElwee had taken over management of it from his father, Thomas McElwee, in 1998, although the latter stayed on as a part-time employee. Also in 1998, Appellant, Southea

Greenhill Properties, LLC sued Mapco, Inc. and Williams Ammonia Pipeline on an inverse condemnation theory. The claims made and defenses asserted are not available.

Plaintiffs-appellants Young Apartments, Inc. ("Young Apartments") appeals a district court order dismissing several of its equal protection claims under 42 U.S.C. § 1983 ("§ 1983") against defendants-appellees Town of Jupiter, Florida ("Jupiter"), Jupiter Town Manager Andrew D. Lukasik ("Lukasik") and Jupiter Building Official Robert Lecky ("Lecky"), as well as a breach of contract claim agai

The City of Springdale, Arkansas sued Kent Dobbs and KC Leaving, LLC on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in and to two-and-a-half acres owned by defendants along South Thompson to build the Don Tyson Parkway in Springdale. Commissioners appointment by the Court initially award defendants $207,000 but they sought a jury trial on the is

This is the case of "Where's the sign?" In four issues, Appellant City of Argyle ("the City") appeals the denial of its plea to the jurisdiction and asserts that (1) David Pierce (APierce@) and Clear Channel Outdoor, Inc. ("Clear Channel") (collectively, "the Signers") have no standing to bring constitutional property claims because they have no vested property rights; (2) if Pierce and Clear Cha

Guardian Pipeline needed easements to build a natural-gas pipeline that the Federal Energy Regulatory Commission authorized it to construct. What it could not acquire by negotiation, it proposed to take by condemnation under 15 U.S.C. §717f(h). This action covers more than a hundred parcels of land in northeastern Illinois. The district court appointed a commission to receive evidence and p

Kimberly Smith and others sued Barnstable County on an inverse condemnation theory claiming that the County breached its duty to relocate Sheep Pond Road when erosion make the road unusable. Kimberly Smith, a trustee of Blue Devil Trust, James and Sara Healy, Cathyrn Palmeiri, Richard and Susan Rasmussen and Kathleen Canaiy, of Fayerweather Trust sought $2.7 million in reduction in property values

This appeal arises out of Tabernash Meadows, LLC's (Tabernash) failed attempt to create a subdivision called Pole Creek Valley in Grand County, Colorado. Robert Yaklich, the founder and sole owner of Tabernash, filed suit against various defendants, who moved to dismiss. The district court granted the motions. We AFFIRM in part, REVERSE in part, and REMAND as set forth in this Order and Judgm

Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by Howell Petroleum Corporation and Anadarko Petroleum Corporation (Howell/ Anadarko). Two of those wells are located within the lateral boundaries of Williston's storage reservoir, b

Relator City of Blue Springs ("City") seeks a writ of prohibition requiring Respondent, the Honorable W. Stephen Nixon, to grant its motion for summary judgment on claims brought against the City by Blue Springs residents Shawn and Jennifer Stevens. The Stevenses allege that the City is liable to them under a theory of inverse condemnation because the City approved the plat of the development in w

In this appeal, the Harris County Hospital District (AHospital District@) appeals the trial court=s dismissal of its condemnation action, in which it sought to acquire property owned by Textac Partners I (ATextac@) as part of an LBJ Hospital expansion project. In its first three issues, the Hospital District contends that the trial court erred in granting Textac=s motion to dismiss and in renderi

The defendants, Bayer Corporation Long Term Disability Plan and Bayer Corporation (collectively, Bayer) appeal from a district court ruling that granted long-term–disability (LTD) benefits and partial-disability benefits to the plaintiff, Terry Smith, a former Bayer employee, pursuant to the provisions of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001–1461. The defenda

The primary question before us is whether the Eleventh Amendment precludes federal jurisdiction over an action seeking compensation under the Fifth and Fourteenth Amendments for a taking of property by a State.

The factual setting of this case is simple enough; the procedural context is more complicated. Seven Up Pete Venture ("the Venture") and other plaintiffs acquired leases of Mon

In this appeal, we examine whether a landowner may assert a cause of action for precondemnation damages that arise when a municipality announces its intent to condemn a parcel of land and then unreasonably delays instituting an eminent domain action.[1] We conclude that a municipality's announcement of intent to condemn a parcel of land may give rise to a cause of action by the landowner for dama

After obtaining habeas relief from the Missouri Supreme Court, Joseph D. Amrine brought this action under 42 U.S.C. § 1983 against prison investigator George Brooks,2 deputy sheriff John Hemeyer, prosecutor Thomas J. Brown, III, and prosecution investigator Richard Lee for their roles in the investigation which led to his conviction for murder and sentence to death. The district court3 denied

At issue in this lawsuit are Bayfield County's ("the County") ongoing efforts to convert unused railway lines in the County into snowmobile trails. As the legal basis for its plans, the County alleges that the United States retains a reversionary interest in these railroad right-of-ways and that Congress has established that, pursuant to this reversionary interest, if the railway lines are

This matter involves a dispute over methods used to control the deer population within the Town of Hollywood Park ("the Town"). The Hollywood Park Humane Society ("the Humane Society") and several Hollywood Park residents brought suit against the Town contesting several Town ordinances related to the management of the deer. Ultimately, the case proceeded to trial with the Humane Society and a sing

1 The State of Oklahoma, ex rel. Department of Transportation (ODOT or Department) appeals the trial court's August 25, 2004, order denying its exceptions to the Commissioners' Second & Corrected Report. Based on our review of the record on appeal and applicable law, we reverse in part and remand for further proceedings consistent with this opinion.

FACTS

2 On September 28, 2001, ODOT

Plaintiff and appellant Yvonne Hammond (plaintiff), a nursing instructor employed by the Los Angeles County Sheriff's Department (Department) sued her employer, defendant and respondent County of Los Angeles (County), alleging five violations of the Fair Employment and Housing Act (the FEHA).1 Plaintiff also sued her supervisor, Betty Brennan (Brennan), alleging two causes of action for racia

The City of Olathe (the City) appeals the district court's judgment on a claim of inverse condemnation in favor of the Estate of Archie Kirkpatrick, arguing that its actions did not constitute a compensable taking of the Estate's property. We agree and reverse the district court.

Factual and Procedural Background

Archie Kirkpatrick owned and resided in property that sits on the northwe

1 CGP-Aberdeen, L.L.C. ("CGP") challenges the constitutional adequacy of the compensation it received for a fifty-acre parcel of real property that was condemned by the City of Scottsdale ("Scottsdale"). The United States Constitution requires that a property owner be paid just compensation in the amount of the value of the property as of the date it is taken from the owner. Arizona law values the

John Lussier and Mary Hawks, putative class representatives in litigation against Dollar Tree Stores, Inc., appeal the district court's denial of their request for attorney's fees following their successful motion to remand the underlying action after it had been removed by Dollar Tree pursuant to the recently enacted Class Action Fairness Act of 2005 (CAFA). 28 U.S.C. § 1332(d)(2) (2005). W

Plaintiff Mike Cramer appeals from the order of the district court granting summary judgment to Defendants Ronald Vitale and Yorkshire Food Market on Cramer's claim that they conspired with the City of Detroit to violate his First Amendment rights.

We AFFIRM.

I. Background

Plaintiff Mike Cramer owns Allstar Books located on Mack Avenue in Detroit, Michigan. One side of the bookstore