In this 42 U.S.C. § 1983 action, Bobbie Parette, Howard Parette, Emily-Jane Parette, Louise Parette Gooden, and Richard Gooden (collectively, appellants) appeal from an order of the district court1 granting summary judgment in favor of the City of Morrilton, Arkansas (City), City Attorney Bart Virden, City Mayor Stewart Nelson, and the Morrilton Wastewater Committee (MWC) and its members (co

The Oklahoma Department of Transportation brought this condemnation action against Eighty First & Elwood, LLC to acquire the title to right-of-way needed for a highway improvement in South Tulsa. The Commissioners appointed by the court awarded the property owner $25,000 for the right, title and interest needed by the State for the highway improvement.

1 The dispositive issues on certiorari are: (1) Did the trial court err in refusing to consolidate two discrete claims to money seized in separate arrests? (2) Is summary process appropriate in statutory civil in rem forfeiture cases? (3) Is the trial court's judgment of forfeiture supported by a preponderance of the evidence? We answer the first question in the negative and the second and thir

Terry Creason and Janet Creason (Creasons) appeal the district court's1 dismissal of their 42 U.S.C. § 1983 action. After de novo review, we agree the Creasons failed to state a claim for which relief can be granted, and we affirm.

I. BACKGROUND

On March 24, 2000, the Creasons purchased a single family residence and tract of land on Steutermann Road in the City of Washington, Missour

[1] Appellants, Cecil Cundy and Sundance Mountain Resort, Inc. (collectively Cundy), seek review of summary judgment orders issued by the district court. Those orders prohibited Cundy from interfering with the existing rights-of-way enjoyed by Appellees, Range Telephone Cooperative, Inc. (Range Telephone) and Union Telephone Company (Union Telephone), across lands owned by Cundy. We will affirm

Stan and Bonnie Williams built their "dream home" in Eureka in 1994. Between 1994 and 1999, the family experienced 6 prior backups of their sewer including on two occasions having water enter their home through their drains. On October 28, 1999, the Williams woke to find 3 inches of "black water" covering approximately 1,700 square feet on the lower level of their home.

The City o

In this federal quiet title action brought pursuant to 28 U.S.C. § 2409a, San Juan County, Utah ("San Juan") seeks both to quiet title in a right-of-way along a portion of Salt Creek running through the Canyonlands National Park, and a declaratory judgment that the National Park Service ("NPS") cannot use a gate to restrict San Juan's right-of-way. Three conservation groups, the Southern Utah W

{1} In this appeal, we address NMSA 1978, § 3-18-5 (1977), which allows municipalities to deal with ruins, rubbish, wreckage or debris, by requiring the owner to clean up the property. Under the statute, if the owner fails to ameliorate any problem, the municipality may do so and obtain a lien against the property. See § 3-18-5(F)(3). The City of Tucumcari was not satisfied with Plaintif

The Citty of Bonney Lake sought to acquire through its power of eminent domain (condemnation) the rights, title and interests owned by Schuur Brothers Co. in a 12.55-acre addition to Allan Yorke Park for the purpose of developing a public park. The city offered the defendant real estate development company $1.2 million for the property. The company wanted $2.4 million.

In this case we review the denial of a claim for attorneys' fees under the Individuals With Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400 et seq. The district court denied the claim because although Linda T. and Gene A., parents of William A., prevailed in part in a state administrative agency hearing challenging

2 No. 04-3731 certain aspects of William's educational program,

[1] The City of Brewer appeals from a partial summary judgment and subsequent final judgment of the Superior Court (Penobscot County, Hjelm, J.) awarding damages to the J.A. Rapaport Family Limited Partnership (the Rapaports) in compensation for the City's taking of a part of the Rapaports' property by eminent domain. According to the City, the court should have allowed it to reduce the compe

In 2000, the city of New London approved a development
plan that, in the words of the Supreme Court of Connecticut, was "projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas." 268 Conn. 1, 5, 843 A. 2d 500, 507 (2004). In assembling the land needed for this project, the

Plaintiff Marcel Wisznia appeals from the district court's grant of summary judgment in favor of defendant, the City of Albuquerque, on res judicata grounds. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand for further proceedings.

I.

In late 1998 or early 1999, the New Mexico Department of Corrections (DOC) sought bids for the construction and lease of a

Plaintiffs appeal the order of the circuit court of Kendall County dismissing their declaratory judgment action against defendants, Kirk Brown and the Illinois Department of Transportation (Department). In their second amended complaint, plaintiffs sought to have section 4--510 of the Illinois Highway Code (Highway Code) (605 ILCS 5/4--510 (West 2002)) declared unconstitutional as improperly ta

City of Muscatine brought this eminent domain actions against Stockton Realty to acquire land owned by Stockton for expansion of the Muscatine County Landfill. The City sought to pay $223,000 for the land that it condemned and Stockton claimed that the condemnation of its property caused it $900,000 in damages.

Leonard Pearson and Vina Persons sued the City of Lowell, Arkansas on an inverse condemnation action claiming that changes the city made to the street, curb and gutter in front of his house caused habitual flooding. They claimed that their house was valued at $108,300 in 1997 when road construction took place and was worth only $25,000.

1 Appellees, W.H., Nannie and Loretta Carter, (collectively the Carters), seek certiorari from the Court of Civil Appeals' order denying their application for appeal-related attorney fees. The Carters prevailed in this appeal brought by the Oklahoma Department of Transportation from the trial court's award in favor of the Carters for post-judgment interest on costs associated with their jury ve

Defendant appeals by right a judgment of divorce entered May 16, 2003 that
implemented the trial court's opinion and order following a November 2002 trial. Defendant
also appeals the trial court's pretrial order granting partial summary disposition to plaintiff
declaring the parties May 1975 prenuptial agreement null and void. We conclude the parties'
prenuptial agreement i

In this eminent domain action, the City of San Diego (City) sought to acquire approximately 12.69 acres of property from a larger parcel owned by D.R. Horton San Diego Holding Company, Inc. (Horton) for a particular segment of the State Route 56 freeway project. In a special verdict, the jury determined that the fair market value of the property taken was $5,589,200, that severance damage

Plaintiffs, Chicago area consumers who purchased milk at retail from defendants Jewel Food Stores, Inc. (Jewel) and Dominick's Finer Foods, Inc. (Dominick's), for the period from August 23, 1996, to August 23, 2000, filed a class action against defendants alleging that defendants conspired to fix, raise and maintain the price of milk in the Chicago area in violation of section 3(1)(a) of the Il

In Farrar v Hobby (506 US 103 [1992]), the United States Supreme Court concluded that a plaintiff in a federal civil rights action who obtains only nominal damages is a "prevailing party" eligible to apply for an attorney's fee award but that an award in those circumstances would rarely be

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appropriate unless the litigation served a significant public purpose.

1 The City of Midwest City has an economic development project and it wants to include the Landowners' property as part of the project. The City brought eminent domain proceedings in the District Court resulting in two appeals that were decided by our recent opinion in City of Midwest City v. House of Realty, Inc., 2004 OK 56, 100 P.3d 678.1 The eminent domain proceedings are not part of the ap

In 2002, the City of Gordon abandoned proceedings it had instituted in the county court for Sheridan County to acquire by condemnation certain real property owned by Marshall D. Ruse and Hazel B. Ruse. The Ruses sought recovery of certain fees and costs pursuant to Neb. Rev. Stat. § 76-726(1) (Reissue 2003). The county court awarded the Ruses $1,500 in attorney fees but held that it lac

In this negligence action, the sole issue before us is plaintiff's entitlement to attorney fees under ORS 20.080(1). That statute provides, in part, that "no attorney fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action * * * an amount not less than the damages awarded to the plaintiff." ORS 20.080(1) (em

Uniwill L.P. appeals the dismissal of its lawsuit for inverse condemnation after the successful demurrer of defendant City of Los Angeles (the "City") and the subsequent judgment on the pleadings entered in favor of Southern California Edison Company ("Edison"). The trial court ruled that Uniwill's complaint was a challenge to the conditions of a Tract Map which, pursuant to Government Code