Inverse Condemnation Law
 
City of San Antonio v. Polanco & Company, LLC

This appeal arises out of a contract between the City of San Antonio and Polanco & Company, L.L.C., by which Polanco agreed to provide food concession services at several City-owned golf courses. After a dispute arose regarding the City's termination of the contract, Polanco sued the City. The City claimed immunity from suit and filed a plea to the jurisdiction seeking dismissal of Polanco's s

More...   $0 (11-05-2007 - TX)

Wintergreen Group, LC v. Utah Department of Transportation

1 This appeal is the offspring of several condemnation lawsuits that merged into one dispute between the Utah Department of Transportation (UDOT) and the Wintergreen Group, LC. After UDOT brought three separate condemnation actions on different parts of Wintergreen's land, Wintergreen brought a fourth inverse condemnation action, alleging state and federal takings claims. Wintergreen co

More...   $0 (09-18-2007 - UT)

Long Branch, New Jersey v. Bruce MacCloud

The Long Branch, New Jersey sued Bruce MacCloud on an eminent domain theory seeking to acquire by condemnation a Victorian style house owned by MacCloud to make way for a massive redevelopment project. The City paid MacCloud $140,000 for the property but he demanded $630,000. MacCloud objected to the taking claiming that it was an abuse of the power of eminent domain.

More...   $220000 (09-27-2007 - NJ)

Kanawha County School Board v. Beldon and Clara Huston

The Kanawha County School Board sued Beldon and Clara Huston on an eminent domain theory to acquire their home by condemnation to use for expansion of Sissonville school. The Hustons were initially awarded $305,000 but sought nearly a million in compensatory damages for the 48 acre parcel acquired by the School.

More...   $507350 (09-20-2007 - WV)

State ex rel. Audrain Healthcare, Inc., d/b/a Audrain Medical Center, Kurt M. Bracke, M.D., and Mexico Family Health Care, Relators, v. The Honorable Keith Sutherland, Respondent. (consolidated with) State ex rel. David Bowne, M.D., Relator, v. The Honorable Keith Sutherland, Respondent.

Relators in these cases are defendants in tort lawsuits originally filed in Audrain County. The plaintiffs in those suits sought a change of venue of right under Rule 51.03 because Audrain County has a population of fewer than 75,000 inhabitants.(FN1) The relators contend that section 508.011(FN2) prohibits application of Rule 51.03. Under the facts of these cases, chapter 508 does not contradi

More...   $0 (09-18-2007 - MO)

City of Detroit v. Detroit Plaza Limited Partnership

The City of Detroit sued Detroit Plaza Limited Partnership on an eminent domain theory to acquire by condemnation certain rights, title and interests owned by defendant for use in developing a casino in downtown Detroit.

More...   $30000000 (06-30-2007 - MI)

St. John's United Church of Christ, et al. v. The City of Chicago, et al.

Mention Chicago to almost any person who has been on an airplane, and that person will immediately think of Chicago's O'Hare International Airport. It is one of the busiest airports in the world: in 2005, more than 76.5 million passengers passed through its facilities, along with 1.7 million tons of freight. See http://www.flychicago.com/events/KidsPage2006/OHareH istory.shtm (last visit

More...   $0 (09-17-2007 - IL)

Arkansas State Transportation and Highway Department v. Bobby Dolan and Bobby Dolan II

The Arkansas State Transportation and Highway Department sued Bobby Dolan and Bobby Dolan II on an eminent domain theory to acquire certain rights, title and interests in 12.5 acres of real estate by condemnation for the construction of a portion of the Interstate highway system. Defendants bought the property in anticipation of developing the property but the State of Arkansas decided to move

More...   $355000 (09-15-2007 - AR)

Town of Branford, Connecticut v. Thomas Santa Barbara, Jr., Frank Perrotti, Jr. and New England Estates

The Town of Branford decided that it did not want Thomas Santa Barbara, Jr., Frank Perrotti, Jr. and New England Estates to develop land owned by them near the town landfill so it filed a condemnation action seeking to acquire the 77 acre property by eminent domain in 2004. Branford took the land, located next to the town's landfill, to protect the health and safety of future residents and to p

More...   $19000000 (09-14-2007 - CT)

City of Arkansas, Kansas v. Ronald D. Bruton and Rebecca A. Bruton

Ronald and Rebecca Bruton (the Brutons) own and reside upon a 5.4-acre plot of land that is located within the City of Arkansas City. Their property borders the Arkansas River and is subject to a 1935 easement granted to the City for flood protection. The City completed improvements to the existing dike on the Brutons' property. This appeal on our grant of the City's petition for review concern

More...   $0 (09-10-2007 - KS)

Leo Gold, et al. v. Town of East Haddam

The plaintiffs, Leo Gold, Joan S. Levy and Harold Bernstein and Joseph Lieberman, executors of the estate of Bernard Manger, filed this action seeking to enjoin the defendant, the town of East Haddam, from acquiring their property by eminent domain on the ground that the defendant did not timely file its statement of compensation with the trial court. The plaintiffs appeal from the summa

More...   $0 (08-21-2007 - CT)

Nan Elder, individually, and as personal representative of The Estate of Shelly Elder, and on behalf of Amy Elder, et al. v. Nephi City, by and through Mayor Chad Brough, City Councilmen Mike Jones, Darren Peterson, Richard Paxman, Brent Bowles, and Jim Wilkey, Union Pacific Railroad Company

1 Mr. Shelley Elder was killed on a Union Pacific Railroad railway track in Nephi City, Utah, when the dump truck he was driving was struck by a ninety-one-car freight train. Mr. Elder's widow, Mrs. Nan Elder, contends that her husband's death was caused by the negligence of the Railroad and Nephi. According to Mrs. Elder, her husband would not have lost his life had a line of trees locate

More...   $0 (06-12-2007 - UT)

Irwin Marcuse and Edith Marcuse v. Del Web Communities, Inc.

In these consolidated appeals, we consider whether the appellants, who were unnamed class members in a constructional defect action, had standing to object to a proposed settlement and whether they now have standing to appeal the district court's final order approving the settlement and dismissing the class action. We also consider whether the district court should have allowed the appellant

More...   $0 (08-02-2007 - NV)

Bruce Peters v. Village of Clifton, et al.

Bruce Peters brought this action under 42 U.S.C. § 1983 against the Village of Clifton ("Village"), Alexander, Cox & McTaggert, Inc. ("ACM") and Joseph McTaggert. He alleged that the defendants had trespassed on his property in order to expand the Village's sewage discharge system and, in so doing, had committed an unconstitutional taking of his property in violation of the Fifth and Four

More...   $0 (08-27-2007 - IL)

State of Arizona v. Mabery Ranch, Co., L.L.C.

Unknown1 Mabery Ranch Company, L.L.C. ("Mabery") owns land in Yavapai County ("Mabery property"). Following a jury trial, the State of Arizona ex rel. Arizona State Parks Board ("State Parks") and Mabery appeal and cross-appeal, respectively, the trial court's final Amended Judgment on State Parks' declaratory judgment action and Mabery's counterclaim. We hold that (1) the State's filing of a decl

More...   $0 (08-20-2007 - AZ)

Debra L. Miller v. Glacier Development Co., L.L.C., et al.

In this appeal from an eminent domain proceeding, appellant Glacier Development Company, LLC (Glacier) challenges the jury's $800,000 award for the taking of its real property by the Kansas Department of Transportation (KDOT).

This appeal raises five questions: (1) Did the district court err in admitting evidence of the purchase prices of the subject parcels of land? (2) Did the district

More...   $800000 (08-10-2007 - KS)

LEHMAN HARRIS v. THE CITY OF ROCKWALL

Lehman Harris appeals the trial court's judgment in this condemnation case. Harris complains specifically that the trial court instructed the jury valuing Harris's property not to consider "any enhancement to the value of the property that resulted from the condemnation project itself for which the property was taken." We conclude the dispositive issue before us is clearly settled in law. Acco

More...   $0 (07-28-2007 - TX)

Board of Education, Moriarty Municipal School District v. Thunder Mountain Water Company

{1} Petitioner Board of Education, Moriarty Municipal School District (School District) appeals from an opinion of the Court of Appeals, which affirmed the district court's decision that the School District must pay Respondent Thunder Mountain Water Company (Thunder Mountain) the fair market value of its property in a condemnation action and that deducting the amount of a "contribution i

More...   $0 (06-01-2007 - NM)

Albertha Bogan, individually and as Guardian and next friend of Tyla Bogan, Eryn Bogan and Chad Bogan v. City of Boston, et al.

This is an appeal by prevailing parties in civil rights litigation against the City of Boston, Massachusetts. The appellants have raised several claims of error, the most important of which concerns circumstances under which a rejected offer of judgment, pursuant to Fed. R. Civ. P. 68, will cut off a prevailing party's entitlement to attorney's fees. Albertha Bogan and her three childr

More...   $0 (06-14-2007 - MA)

Marion R. McMILLAN, M.D. and Blue Ridge Medical Specialties, P.A., Respondents/Appellants, v. OCONEE MEMORIAL HOSPITAL, INC., Appellant/Respondent, and Anesthesiology Consultants of the Upstate, P.A.,

This case arose out of the events surrounding Oconee Memorial Hospital's (Oconee) decision to offer anesthesiology and internal medical services on an exclusive basis. A jury returned a verdict against Oconee. The trial court reduced the verdict pursuant to the charitable immunity statute. This appeal followed. After certifying this case for review pursuant to Rule 204(b), SCACR, we rever

More...   $0 (01-30-2006 - SC)

Motiva Enterprises, LLC v. Audeen McCrabb, et al.

In this condemnation proceeding, appellant, Motiva Enterprises, LLC ("Motiva"), challenges the trial court's summary judgment granted in favor of appellees, Audeen McCrabb, Norma Ann Euton, Connie Mendez, Tom Mendez, Kirk McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb, Joseph McCrabb, and Rebacca McCrabb ("the McCrabbs"), awarding the McCrabbs $304,000 for the value of 7,677 square feet

More...   $304000 (05-17-2007 - TX)

Houston Randolph and David S. Randolph, Individuals, d/b/a Randolph Farm Equipment, et al. v. Missouri Highways and Transportation Commission

Appellants ("Property Owners") own real and personal property in and around Carrollton, Missouri. They appeal the decision of the trial court in dismissing their personal property claims in an inverse condemnation action as being untimely and the denial of an award of attorney fees and costs in their inverse condemnation case for property damages. On cross-appeal, the Missouri Highways and Tran

More...   $0 (04-25-2007 - MO)

Donna Collier v. City of Oak Grove, Missouri

This case presents two issues: (1) whether a municipality is subject to an action in inverse condemnation for its failure to correct a city sewage system that causes continued and substantial backup into its citizens' homes; and (2) if the city is liable, whether it be subject to having an award rendered against it for prejudgment interest. A Jackson County jury awarded a homeowner property dam

More...   $200000 (04-25-2007 - MO)

City of Bessemer v. Jack Herronen and Darby Beaudet

The City of Bessemer sued Jack Herronen and Darby Beaudet on an eminent domain theory to acquire by condemnation certain rights, title and interests owned by them in the St. Vincent de Paul Building on Sellar Street in downtown Bessemer, Michigan. Beaudet claimed that the building was his primary residence and that he was entitled to 125 of its fair marketing value for its taking by the City.

More...   $5000 (03-30-2007 - MI)

Shioleno Industries, Inc. v. Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington

Shioleno Industries, Inc. appeals a summary judgment granted in favor of Columbia Medical Center of Arlington Subsidiary, L.P. and Columbia North Texas Subsidiary, GP, LLC d/b/a Medical Center of Arlington (collectively, "the Hospital"). We affirm.

Background

This dispute arises out of the Hospital's alleged failure to inform Shioleno tha

More...   $0 (03-16-2007 - TX)

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