The North Carolina Department of Transportation offered Kenco Hospitality $291,000 for the property rights that it needed to expand Interstate 85 but the defendant claimed that the taking by the State severely adversely impact the Howard Johnson motel property and sought additional compensation for the rights, title and interest taken in the condemnation action. The defendant claimed that the

This is a textbook example of a party trying to take advantage of its own wrong. In this case the opportunistic party is the City of Orange. The wrong is that the city violated a preliminary injunction not to build in a certain area or otherwise interfere with existing parking access enjoyed by a property owner. We will repeat the essence of

2 that statement just in case any reader mi

Condemnation of AMREP Corporation water company in Santa Fe, New Mexico. The condemning authority sought to obtain the defendant's right, title and interest in its water utility company by eminent domain for $6.2 million.

Pioneer Chemical Company (Pioneer) appeals from the district court's order overruling Pioneer's motion for summary judgment against Union Pacific Railroad Company (UPRR) and granting UPRR's motion for summary judgment against Pioneer. Pioneer brought this action in the district court to appeal an award by court-appointed appraisers in an action condemning property interests associated with the

Viacom, Inc., the corporate successor to Westinghouse Electric Corporation, appeals the judgment entered against it for damages and injunctive relief and the awards of attorneys' fees and prejudgment interest in this suit arising out of Westinghouse's environmental contamination of a site it once owned in Minneapolis. Kennedy Building Associates, the present owner of the contaminated prop

Solana Beach School District brought a condemnation (eminent domain) action against Pardee Homes to acquire 9.6 acres for the construction in the Carmel Valley of its new Solana Pacific facility. Commissioners appointed by the court awarded Pardee $24 million and it sought a jury trial on the issue of damages claiming that the fair market value of the property was greater than the amount award

Condemnation of land owned by the defendants adjacent to the new site of Lake Fort Smith State Park. The Hacklers purchased 40 acres near Lake Shepherd Springs in 2001 for $538 per acre through a tax sale. They sought $3,500 an acre for the property. The City claimed that the land was worth not more than $900 an acre.

The issue in this appeal is whether the notice of claim requirements under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, apply to common law intentional tort claims. The Appellate Division held that the Act's notice requirements did not apply to plaintiff's assault and battery claim against defendant, who is a public employee. Velez v. City of Jersey City, 358 N.J. Super. 224

The plaintiffs, Joseph Gacke and Linda Gacke, sued the defendant, Pork Xtra, L.L.C., claiming hog confinement facilities operated by Pork Xtra constituted a nuisance. At issue in this appeal is the constitutionality of Iowa Code section 657.11(2) (1999), which gives nuisance immunity to animal feeding operations. The district court ruled the statute effected an unconstitutional taking of priv

1 John F. Long appeals the trial court's dismissal of his suit against the City of Glendale. Long sued Glendale after the City decided to commercially develop property adjacent to its airport. For the reasons set forth below, we affirm in part, reverse in part and remand for proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

2 Twenty years ago, Long either sol

The Town of Cheshire, Massachusetts brought a condemnation (eminent domain) action against David and Karn Krutiak to acquire 10-acres of their land plus other rights, title and interest in the remainder of the couple's land to drill and maintain a water well for the benefit of the community. Before the taking, the Krutiaks mined gravel on their 20-acre parcel and had intended to construct a sub

Inverse comdemnation claim by Hugh and Andrea Lee against the Rye Conservation Commission for creating a trench on their property without just compensation. The defendant excavated 16 acres of salt marsh on the Lee's property without obtaining permission from them to do so. They claimed that the value of their property was reduced as a result of the creating of the trench which limited their acc

Marvin Tipton brought this shareholder derivative action against Ed and Dixie Kelley ("the Kelleys") on behalf of Mill Creek Gravel, Inc. ("Mill Creek"), alleging breach of a pre-incorporation agreement. The case went to trial, whereupon the jury found a breach of the agreement and awarded Mill Creek $1.5 million in damages.

The Kelleys now appeal on numerous grounds; we affirm in part a

Inverse condemnation claim by Charles Vavrus agains the city of Palm Beach Cardens for damages he claimed that he sustained as a result of restrictions to his right to farm a 4,700-acre ranch next to the future Scripps Florida site. In 1999 Vavrus was ordered to stop logging without permission. In the mean time, City officials were seeking state and county permits for a project to build a biote

In this condemnation action, the plaintiff, the commissioner of transportation (commissioner), appeals from the judgment of the trial court rendered in favor of the defendant Bakery Place Limited Partnership (defendant).1 On appeal, the commissioner claims that the court improperly (1) took judicial notice of the fact that asbestos in the property acquired by eminent domain could have been

Katherine W. Metzger (Metzger) filed a complaint alleging a conspiracy by the Village of Cedar Creek, Nebraska (Cedar Creek), and Robert Fuxa (Fuxa) to construct an earthen levee along Turkey Creek. Turkey Creek divides Metzger's and Fuxa's properties. Metzger claims the levee violates federal regulations promulgated by the Federal Emergency Management Agency (FEMA) and adopted by Cedar

1T

In this marital dissolution (divorce) appeal, the defendant, William Turner, challenges the financial orders entered by the trial court in its judgment dissolving the parties' marriage. The defendant alleges that the court (1) incorrectly concluded that the parties were equally responsible for the breakdown of the marriage (2) abused its discretion by awarding the plaintiff, Mary E. Calo

Following a bench trial, the United States District Court for the Northern District of Illinois determined that the paroxetine hydrochloride anhydrate product produced by Apotex Corp., Apotex, Inc., and TorPharm, Inc. (collectively Apotex) will not infringe claim 1 of U.S. Patent No. 4,721,723 owned by SmithKline Beecham Corp. and Beecham Group, P.L.C. (collectively SmithKline). SmithKline Bee

Appellant Andrew B. James sued appellees, the City of Houston, Texas, Lee P. Brown, and Mary DesVignes-Kendrick, alleging James was terminated in retaliation for his exercise of the constitutionally-protected right to free speech and that he was deprived of procedural due process at his post-termination hearing. At issue is whether James is barred by the doctrine of collateral estoppel from as

Harland C. White appeals from a decree entered by the district court for Custer County dissolving his marriage to Nancy K. White. On appeal, Harland challenges the district court's determination and division of the marital estate. We originally decided this appeal on October 13, 2003, in an unpublished opinion. See White v. White, No. A-02-308, 2003 WL 22331646 (Neb. App. Oct. 14, 2003) (not de

1 This appeal addresses the question of whether Provo City possesses the eminent domain power to condemn property located outside its incorporated boundaries. Because Provo City has presented no evidence that it is a chartered city, it is not entitled to exercise the eminent domain powers granted to municipalities under article XI, section 5 of the Utah Constitution. Moreover, Provo City has

This is a condemnation action involving two parcels of land in Dixon County, Nebraska, which were owned by Robert G. Curry and Pamela Curry and condemned by the Lewis & Clark Natural Resources District (NRD) for a flood control and erosion prevention project. Following a jury trial, the district court for Dixon County entered judgment in favor of the Currys in the amount of $367,000. The Currys ap

The defendants1 appeal, following our grants of certification,2 from the judgment of the Appellate Court reversing the trial court's judgment, which was rendered after a bench trial, in favor of the defendants. The defendants claim that the Appellate Court improperly concluded that there was insufficient evidence in the record to support the trial court's determination that the plaintiff

The petitioners, Kim and Steve McIntyre (McIntyres) own six mining claims near the Town of Marble in Gunnison County. They purchased their property from L.E. Schooley and Associates (Schooley) in 1994. Schooley had acquired the property by virtue of a tax deed in 1960; there is no evidence in the record of a deed in the chain of title that contains a dedication, reservation, or exception fo

Petitioner-Appellant, Johnnie Walton, brought this action for a writ of habeas corpus under 28 U.S.C. § 2254(a) . He claimed that his trial in the Cook County Circuit Court was conducted in violation of his Constitutional right to a public trial. The district court did not agree and denied the writ. We reverse.

I. BACKGROUND Johnnie Walton was arrested after delivering a sizeable qua