Plaintiffs-Appellants Citizens for Peace in Space and several of its members (Citizens) appeal from the district court's judgment in favor of Defendant-Appellee The City of Colorado Springs (the City). The Citizens sought nominal damages under 42 U.S.C. § 1983 for an alleged violation of First Amendment rights. Specifically, the Citizens alleged that, from October 7 to October 10, 2003, they we

1 The Utah Department of Transportation ("UDOT") condemned a portion of private property for the construction of a frontage road adjacent to U.S. Highway 89 in Farmington, Utah. The construction of the frontage road was part of a larger project to widen and elevate Highway 89. Petitioners James Ivers, Katherine G. Havas, and P & F Food Services (collectively, "Arby's") sought severance

Condemnation Case - The City of Owasso, Oklahoma sought to condemn right, title and interest in property owned by defendant for a public use. Commissioners appointed by the Court awarded Defendant $15,945.00. Both parties asked for a jury trial to determine the damages sustained by defendant as a result of the taking.

The Cumberland County School System sued John and Mary Meeks on an eminent domain theory seeking to re-acquire by condemnation the old elementary school property located about a mile west of the Cumberland courthouse. The School sold the property to the Meeks for $110,000 in 2003 and then decided that it needed the property and unsuccessfully tried to buy it back. When the Meeks refused to s

Town of Camp Verde sued Steve Kyllingstad on an eminent domain (condemnation) theory to acquire the property he owned and where the Verde Cafe was located on Main Street as part of the Main Street Beautification project. Kyllingstad claimed that a portion of his remaiing property was no longer developable, because the town took property that he needed for parking. He claimed $225,000 damage

This is an appeal in an eminent domain proceeding. Home and Hearth Sugarland, L.P. (Home and Hearth) owned a tract of land in the City of Sugar Land, Texas.[1] The City instituted condemnation proceedings in which it acquired the entire interest of Home and Hearth as to a portion of the property as well as a drainage easement across another portion of the property. Home and Hearth owned a h

Circuit Judge. This case involves a federal takings claim arising from the City of Rittman's operation of water wells that allegedly caused damage to plaintiffs. In our initial review of the district court's judgment, we requested that the Supreme Court of Ohio answer an important question of first impression involving a property owner's interest in the groundwater beneath his property. T

Does the provision of copyrighted software under the GNU General Public License ("GPL") violate the federal antitrust laws? Authors who distribute their works under this license, devised by the Free Software Foundation, Inc., authorize not only copying but also the creation of derivative works - and the license prohibits charging for the derivative work. People may make and distribute de

Condemnation Case - Defendant claimed that the City of Guymon failed to follow the procedural requirements of the exercise of eminent domain in Oklahoma.

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

This is a condemnation suit in which Burton and Mary Utley assert they were inadequately compensated for an easement, approximately seven acres wide, that was obtained across their land by the LCRA Transmission Services Corporation. (2) A special commissioners' panel initially heard the matter and awarded the Utleys $38,791; however, the Utleys objected to this amount, and the case proceeded t

The City of Springdale, Arkansas sued Mike Baker on an eminent domain theory seeking to acquire by condemnation right, title and interest in property owned by Baker to extend Har-Ber Avenue to Arkansas 112. The city offered the couple $23,900 but he wanted $150,000. Baker runs a business from a warehouse on the property called Art Prints Inc. that he started as an eBay venture. The war

Howard County School System sued Chris Pippen on a eminent domain theory to acquire by condemnation 1.3 acres of land to be sued as the front entrance of a new Ellicott City elementary school.

The Beaver Water District sued Hershel and Denise Garne on an eminent domain theory seeking to acquire by condemnation 70 acres of undeveloped land on Beaver Lake, east of Lowell off Frisco Springs Road to build an intake structure. The Water District offered the Garners $6,100 per acre but the Garners demanded $20,000.00 for their property. The only issue to be decided by the jury was

People infected by the human immunodeficiency virus (HIV), a retrovirus that causes the acquired immune deficiency syndrome (AIDS), can slow the progress of the disease by taking protease inhibitors, which hamper HIV's ability to copy itself into additional cells. Abbott Laboratories holds a patent on Norvir® (ritonavir), one such drug. When used in doses high enough to work as a stand-a

Brevard County sought to acquire 32.7 acres of swampland from Michael Blasky by condemnation. Blasky sought $1.7 million in compensation for the property taken by the County and the County sought to pay him $86,000 for the property.

Kanan Properties sued the City of Agoura Hills on an inverse condemnation theory claiming that property owned by plaintiff was damaged by construction of the Kanan Road/101 Freeway interchange. At issue was the value of a 3,272-square-foot piece of land from the Chevron Station to the north side of the International House of Pancakes.

Jerry Cook sued the City of Bentonville on an inverse condemnation theory for wrongfully terminating electrical service to a building that he owned at S.W. "A" Street after a fire in 1987. Cook sought $1.1 million from the city for lost rent and interest income after the city wouldn't restore power to his commercial property following the fire.

The defenses asserted by the City

Section 4-510 of the Illinois Highway Code (605 ILCS 5/4-510 (West 2004)) authorizes the Illinois Department of Transportation to prepare and record maps that "establish presently the approximate locations and widths of rights of way for future additions to the State highway system." Pursuant to this statute, the Department of Transportation prepared and recorded a map that set forth a right-o

In this declaratory judgment action, plaintiff challenges the constitutionality of the procedure by which the voters adopted Article VII (Amended) of the Oregon Constitution in 1910. For the reasons that follow, we conclude that plaintiff may not challenge that procedure in this case. Accordingly, we affirm the circuit court's judgment in favor of defendant.

The issue arises in prosaic ci

Allegretti & Company (Allegretti) appeals a judgment entered under Code of Civil Procedure section 631.8 in favor of the County of Imperial (County) on Allegretti's inverse condemnation action seeking just compensation for County's alleged taking of Allegretti's right to use groundwater underlying its property. County had approved Allegretti's application for a conditional use permit to act

In this case, California State Automobile Association Inter-Insurance Bureau (CSAA) appeals a judgment following a court trial in which the court found respondent City of Palo Alto (City) was not liable for property damage resulting from a sewage backup into a private home under the theory of inverse condemnation.

STATEMENT OF THE FACTS AND CASE

CSAA is the homeowners' insurance

J. Michael Dooley (Plaintiff) appeals from the trial court's judgment granting St. Louis County (County), Charlie A. Dooley (Executive), and James Baker's (Baker) (collectively referred to as Defendants), in their individual and official capacities, motion to dismiss Plaintiff's petition, which was filed pursuant to 42 U.S.C. Section 1983 (petition). The petition alleged that Defendants had vio

Former Oklahoma City Police Department forensic chemist Joyce A. Gilchrist sued the City of Oklahoma City and certain of its employees(1) under 42 U.S.C. § 1983. She alleged Defendants terminated her employment in retaliation for engaging in speech protected by the First Amendment, conspired to deprive her of constitutionally protected rights, defamed her, denied her procedural and substantive