Thomas Williamson, Wynema Williamson, Terry Williamson, and Debi Walker Williamson brought suit against the City of Hays (City) and Western Plains Service Corporation (Western) for trespass, negligence, and injunctive relief based upon the collection, accumulation, and flow of water and other materials through a storm sewer drainage system over their property. The district court granted summary

Steven Sisolak bought five acres on Las Vegas Boulevard in 1983 and bought a neighboring five-acre parcel in 1986. The property sits a short distance from the Strip's mega-resorts. In the early 1990s, the county passed restrictions limiting the height of buildings near the airport. As a result, Sisolak could not build anything taller than 66 feet. He brought an inverse condemnation action allegin

The Court Clerk of Oklahoma County (Court Clerk) seeks review of the trial court's denial of its motion seeking court costs from the State of Oklahoma ex rel. Department of Transportation (ODOT). Based on our review of the record, the parties' briefs, and the applicable law, we affirm.

This matter originated as a condemnation proceeding filed by ODOT against OPUBCO, Inc., in January 19

Petitioner, Ward Petroleum Corporation ("Ward"), the holder of leasehold interests on property owned by Ed and Vicki Stewart ("Stewarts"), proposed to drill and complete an oil and gas well on a section of the Stewarts' property. Ward served the Stewarts with notice of its intent to commence drilling operations on the land and attempted to negotiate a surface damages agreement for any damage th

Plaintiffs, Friends of the Parks, together with 11 individual members of that organization and the Landmarks Preservation Council of Illinois, sued the Chicago Park District (Park District), the Illinois Sports Facilities Authority (Authority), the Chicago Bears Football Club, Inc. (Bears), the Chicago Bears Stadium L.L.C. (Stadium), and the City of Chicago (City) seeking a declaratory judgment

"'In reviewing a jury verdict, we view the evidence in the light most favorable to it, and recite the facts accordingly.'" Holmstrom v. C.R. England, Inc., 2000 UT App 239,2, 8 P.3d 281 (quoting Ortiz v. Geneva Rock Prods., Inc., 939 P.2d 1213, 1215 (Utah Ct. App. 1997)).

3 In 1991, Max Kerr (Kerr) purchased 14.75 acres of vacant land (the Property) in Farmington City, Utah, north of

Robert O. Breault ("Breault") sued John Psarovarkas ("Psarovarkas") for nonpayment of a promissory note (hereafter referred to as "the Renewal Note") made in 1997 in the amount of $56,538.00. The Renewal Note was given for the unpaid balance on a prior note (hereafter referred to as the "Real Estate Note") made in 1994. Following a bench trial, the court entered judgment for Breault on the Real Es

The subject property was a former landfill adjacent to Centennial Park on the border between the cities of Englewood and Sheridan. In 1998, DWT purchased the property at a price of $802,210 for the purpose of constructing a waste transfer station. The property was zoned for heavy industrial use, and although a waste transfer station was a use by right, additional approval of a planned unit devel

Plaintiffs-appellees are Wyoming landowners (1) Warren Nicodemus, trustee, and (2) John Morris, Norma Morris, and John H. Bell Iron Mountain Ranch Company. Defendants-appellants, Union Pacific Corporation and Union Pacific Railroad Company ("Union Pacific"), own railroad rights-of-way over plaintiffs' respective properties. Union Pacific acquired the rights-of-way at issue in this case under nu

Crown Point I, LLC appeals the District Court's dismissal of its complaint against Intermountain Rural Electric Association ("Intermountain) and the Town of Parker, Colorado ("Parker"). Plaintiff's claims arise out of Parker's approval of Intermountain's plan to construct an electrical transmission line through Crown Point's property without first holding a public hearing on the matter. Plainti

This case is before us on a certified interlocutory order entered in case No. CJ-2001-87 pending in the district court of Grady County, State of Oklahoma, the Honorable Judge Richard G. Van Dyck, presiding. The certified order granted respondent's motion to amend an answer to include a related tort claim1 in a proceeding originating under the Surface Damages Act. Our power to review certified orde

Plaintiffs Marie B. Fox, Robert L. Keller, and their partnership, Buck Mountain Associates, brought this inverse condemnation action against the defendant Township of West Milford claiming that the Township's ordinance that vacated the public interest in roads running through their property left it landlocked and consequently deprived them of any reasonable use. Following a lengthy trial on liabi

Plaintiff and appellant Edward J. Fittante (plaintiff) appeals a final judgment dismissing his wrongful termination action against his employer, defendant and respondent Palm Springs Motors, Inc. (the employer). The trial court had instead sent the matter to arbitration. In the context of granting the employer's motion to compel arbitration of plaintiff's employment dispute, the court also deni

In November 2000, plaintiff, Randell L.D. Smith, filed a complaint against defendants, the Central Illinois Regional Airport (Airport), the Prairie Aviation Museum, and the Pantagraph, alleging that an annual air show sponsored and operated by defendants (1) created a nuisance (count I), (2) constituted a trespass upon Smith's property (count II), and (3) amounted to an inverse condemnation of his

In 1990, plaintiff Robbie Lambert fell asleep at the wheel while driving a 1985 Chevrolet Blazer. The vehicle rolled several times. Plaintiff broke his neck and is now a quadriplegic. Plaintiff sued General Motors Corporation (GM) for negligence, claiming a defect in the roof and seat belt designs. In a second trial after a previous reversal, a jury found GM was liable on a theory of products

Michael and Karla Covington (the "Covingtons") appeal the district court's dismissal of their complaint and denial of attorney's fees and costs relating to claims against Jefferson County for permitting the operation of a hot mix plant and landfill on land across the street from the Covingtons' property.

I.

FACTUAL AND PROCEDURAL BACKGROUND

This case involves the Covingtons' claims agai

In this condemnation case, plaintiff, city of Novi, appeals as of right from the trial court's order of final judgment following a jury verdict in favor of defendants, John and Karen Woodson. Novi's issues on appeal also concern the trial court's order denying its motion in limine. The Woodsons filed a cross appeal and argue that the trial court erred in failing to award mediation sanctions an

Condemnation of frontage from motel that resulted in the taking of 18 parking spaces and an art deco sign. The city offered defendant only $115,000 claiming that the loss of the parking was illegal and noncompensable.

Breach of contract, fraud and misrepresentation claims by owner of billiard parlor in Lewiston, Maine against his landlord relating to the condemnation of the property leased by the Plaintiff.

Mandamus, recovery of excessive environmental impact report fees and inverse condemnation and damages for constitutional violation claims by Gregg Development against the City of Glendale over land the Plaintiff sought to use for residential development. In 1992, Gregg made application for a permit to develop the property in question for a use permitted by the City's zoning ordinances. Shortly t

Plaintiff, the City of Keizer (city), initiated this action for inverse condemnation against defendant, the Lake Labish Water Control District (district), alleging that the district flooded city property, causing damage. The district moved to dismiss on the ground that the law does not permit one governmental entity to bring a claim for inverse condemnation against another governmental entity. The

After a master tenant rejects a nonresidential real estate lease in bankruptcy, does a subtenant who is an intended beneficiary of the lease have a right to remain in possession of the property? The trial court in this case decided the answer is "no." Accordingly, the court granted a nonsuit and dismissed all claims by Syufy Enterprises, L.P. (Syufy) against the City of Oakland arising from Sy

Condemnation action by Middlesex County Improvement Authority to acquire 812 acres of pasture and woodlands owned by the Bank of China to maintain open space in the county. The County offered $6.83 million for the property. The Bank of China claimed that the land had a fair market value of between $15.6 and $18 million.

The primary issue presented by this appeal is whether a condemnor may consider the presence of environmental contamination in valuing the subject property or must value the property as if it were uncontaminated and bring a separate action for costs of cleanup under applicable environmental statutes. We conclude that environmental contamination is relevant to a valuation of property and therefore a

West Elk Ranch encompasses approximately 160 acres of land contiguous to National Forest land in Western Colorado. The Ranch comprises several uses including livestock, crops, and a dude ranch operation offering horseback riding, a trading store, and guide and outfitter services into the National Forest.

Upon discovering a spring located on the adjacent National Forest land, the predecessor