Defendants TTnT Development Corp., Jerry Tuma, William Tillman and Jeffrey Tillman ("Developers") appeal from a judgment awarding Robert and Bonita Ridgway ("the Ridgways") $150,000 in damages and $103,393.98 in attorney fees on their claim for trespass to realty. Developers present three points on appeal. They contend that the trial court erred in the following respects: (1) using the wrong measu

The Pittsburg County Rural Water District Number 7 (Pitt-7) is a rural county water association in Oklahoma. The City of McAlester (McAlester) is a municipality in Oklahoma. Both Pitt-7 and McAlester are subdivisions of the State of Oklahoma, and both are water providers. Pitt-7 sued McAlester and a number of other entities under: (1) 42 U.S.C. § 1983, based on the claim that the defendants vio

This is an appeal of summary judgment rendered for defendant/appellee, Industrial Gas Supply Corporation, against plaintiffs/appellants, Robert Stuart Koelsch; Francita Ulmer, f/k/a Francita Stuart Koelsch, Individually and as Independent Executor of the Estate of Robert C. Stuart; and Frances Hubbard Koelsch (collectively, the Koelsches), in their suit for trespass and inverse condemnation. In

This condemnation action presents a question of law on which our appellate court is divided: May a condemning authority's good faith in negotiating with a property owner be challenged in an interlocutory appeal brought pursuant to section 7-104(b) of the Eminent Domain Act (735 ILCS 5/7-104(b) (West 2000))?

The Fifth District of the appellate court was the first to consider the question.

In the early 1960s, the United States acquired for a modest sum an 8.6 acre plot of land in Wellfleet, Massachusetts, as part of the creation of the Cape Cod National Seashore. Remote descendants of a man who owned the property until his death in 1873 now seek to overturn a 1964 state court judgment clearing title in favor of the United States' predecessor in interest. The federal district cour

The City of Kinross appeals from the district court denial of the city's motion to dismiss. We reverse and remand to the district court for dismissal.

Background Facts and Proceedings. Pursuant to Iowa Code chapter 6B (2001), the City of Kinross condemned a portion of property belonging to Marlowe and Iona Seitsinger for a wastewater sewer project. The compensation committee determin

Plaintiffs-Appellants 3M Innovative Properties Company and Minnesota Mining and Manufacturing Company (collectively "3M") sued Defendant-Appellee Avery Dennison ("Avery") for infringement of claim 1 of U.S. Patent No. 5,897,930 ("the '930 patent") in the United States District Court for the District of Minnesota. After construing disputed claim terms, the district court entered summary judgmen

The defendant, Alfredo Vargas, appeals from the judgment of conviction, rendered after a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2) and risk of injury to a child in violation of General Statutes § 53- 21 (a) (2). On appeal, the defendant claims that the trial court denied improperly (1) remarked in the presence of the jury as to th

{1}Petitioners Running Elk Corp. and Second Running Elk Corp. (Running Elk) petitioned this Court to review an opinion of the Court of Appeals, which held that a liability release signed by Respondent Nicholas Berlangieri was unenforceable. See Berlangieri v. Running Elk Corp., 2002-NMCA-060, 22, 132 N.M. 332, 48 P.3d 70, cert. granted, No. 27,492 (2002). The Court of Appeals reversed an order of

Appellant Tri-State Generation and Transmission Association, Inc. (Tri-State) sought court orders allowing it to enter and survey land owned by Appellees. Tri-State plans to condemn the land, if suitable, in order to build a new electrical transmission line. The district court concluded that the New Mexico Public Regulatory Commission (PRC) has exclusive jurisdiction over Tri-State and therefore d

This is an appeal concerning the payment of funds deposited into the registry of the court to the wrong person. Appellants, the persons who were entitled to the funds, sued Denton County, the Denton County Judge, and the current and former Denton County District Clerks ("appellees") to recover the funds. The trial court sustained appellees' plea to the jurisdiction. We affirm in part and revers

This is an appeal from a district court order granting respondents' motion to dismiss in an eminent domain action and a cross-appeal from a district court order dismissing respondents' counterclaims in the same action.[2] Appellants/cross-respondents, the City of Las Vegas Downtown Redevelopment Agency (Agency), Fremont Street Experience Limited Liability Company, and Fremont Street Experience

On November 22, 2000, plaintiff, Randell L.D. Smith, filed a pro se complaint(1) against defendants, Central Illinois Regional Airport, The Prairie Aviation Museum, and The Pantagraph, in the circuit court of McLean County. Count I of the complaint alleged that each summer, defendants operated, sponsored, and otherwise promoted a dangerous airshow near plaintiff's property in Bloomington, Illin

State Farm Mutual Automobile Insurance Company ("State Farm") appeals the trial court's award of prejudgment interest on James McKinney's ("Mr. McKinney") uninsured motorist claim. State Farm claims that the trial court erred as a matter of law in awarding prejudgment interest under section 408.020, RSMo 2000, because Mr. McKinney's uninsured motorist claim was unliquidated and under section 408.0

The Pittsburg County Rural Water District Number 7 (Pitt-7) is a rural county water association in Oklahoma. The City of McAlester (McAlester) is a municipality in Oklahoma. Both Pitt-7 and McAlester are subdivisions of the State of Oklahoma, and both are water providers. Pitt-7 sued McAlester and a number of other entities under: (1) 42 U.S.C. § 1983, based on the claim that the defendants vio

On appeal from the termination of his in-person visitation with the parties' two minor children and the award of sole legal custody to Sonja Knipe Roberts (mother), Jeffrey Scott Roberts (father) contends: 1) that the trial court erred by failing to consider properly "the presumption that parents act in the best interests of their children," 2) that the trial court's decision viola

This case returns to us on remand from the Oregon Supreme Court. It arises out of a flooding incident that occurred when heavy rains overwhelmed a drainage system maintained by defendant City of Lake Oswego (city) and resulted in landslides that washed away a substantial amount of plaintiffs' land. Plaintiffs initiated an action against the city for, among other things, negligence and inverse c

Federal law permits a natural-gas pipeline to condemn private land in order to assemble a transportation corridor, if the owner and the pipeline cannot agree on a price for the acquisition. See 15 U.S.C. §717f. Northern Border Pipeline Co., which has been licensed by the Federal Energy Regulatory Commission to build and operate an extension to an existing pipeline, filed a complaint seek

Appellan t, Lavern Chatman, seeks reversal of the trial court's decision to hold her jointly and se verally liable fo r $1.4 million in punitive damages because of her involvement in a fraudulent conveyance. Appellant argues (1) that there was insufficient evidence of malice to permit the court to award punitive damages, and insufficien t evidence o f her net worth to support an award in t

This is an appeal from the summary judgment rendered against the plaintiffs1 and in favor of the defendants2 in an inverse condemnation proceeding. Specifically, the plaintiffs claim that an unconstitutional taking of their private property occurred and that the trial court improperly determined that there were no genuine issues of material fact.3 We affirm the judgment of the trial cour

Eminent domain (condemnation) action by the Utah Department of Transportation seeking to condemn right-of-way for the construction of the Legacy Highway. The State of Utah offered John Stathis $266,000 for three acres of his land. Stathis wanted $380,000.

Plaintiff Diana Bruner, as personal representative of the estate of her deceased husband E. Daniel Bruner (the Estate), brought this suit against Daniel's parents, Leda V. Bruner and E. Bim Bruner, seeking a declaration that the Estate is the equitable owner of certain tracts of land to which Leda and Bim hold legal title. Plaintiff claims that Leda and Bim used Daniel's assets to purchase the

In its petition for a writ of mandate, San Jose Parking, Inc. (SJP) asks us to direct the trial court to vacate its order finding that Redevelopment Agency of San Jose (Agency) has the right to condemn SJP's interest in the Fountain Alley parking lot. Because we conclude that SJP does not have a real property interest in the Fountain Alley parking lot, we will grant the request for writ relief

The City of Lafayette, Indiana, Redevelopment Commission (the City) commenced an eminent domain proceeding to condemn certain real estate owned by AGT, Inc. (AGT) for construction of a fire station. During the pendency of the proceedings, AGT's interest in said land was conveyed to Anthony G. Taylor, the president and owner of AGT. Following a jury trial upon the issue of the compensation owed

In these consolidated condemnation cases, we are called on to determine whether a trial court may enter an order in an eminent domain proceeding that preserves a governmental condemnor's ability to bring a separate cost-recovery action against a condemnee for cleanup of contamination and if so, whether that order also may bar the condemnee from later raising the preclusionary defenses of res