The dispositive issue in this appeal is whether the trial court properly determined that an agent of the plaintiff, Maharishi School of Vedic Sci-ences, Inc. (Connecticut), had the authority to bind the plaintiff to a settlement agreement with the defendant, Connecticut Constitution Associates Limited Partner-ship, and a third party, General Electric Capital Corpo-ration (General Electric).

We deny the State's motion for rehearing. We withdraw our opinion dated May 10, 2001, and substitute the following in its place.

This condemnation case presents two issues: (1) whether damages resulting from a commercial property's increased proximity to a roadway, with attendant loss of curb appeal, green space, and "buffer" zone, are special rather than community damages, and (2) whe

In this appeal we must determine whether a municipality's proposed condemnation of private property constituted a valid exercise of its eminent domain power. Plaintiff Township of West Orange (Township or West Orange) sought condemnation of approximately one-half acre of property owned by defendant 769 Associates, L.L.C. (769 Associates or defendant) for use as a dedicated public street. Defendant

On 15 March 2000, the Maryland-National Capital Park and Planning Commission (“the Commission”), Respondent, filed a complaint for condemnation in the Circuit Court for Montgomery County seeking to acquire fee simple title to a 29,238 square foot parcel of land located in the City of Takoma Park (“the Property”). At the time of initiation of the condemnation action, the

In this inverse condemnation proceeding, the Texas Department of Transportation ("TxDOT") and its named officials appeal the district court's final judgment in favor of the City of Sunset Valley and intervenors Terrance Cowan and Donald Hurwitz. In five issues, TxDOT contends that (1) Sunset Valley is not a "person," and is therefore not entitled to the protections of article 1, section 17 of the

Englin and Brown own three acres of land (the Property) located at 1442 Ethelyn Avenue, Billings, Montana. They acquired the Property by inheritance in 1982, at which time the Property was zoned as Residential-9600. This zoning classification permits single family residences with lot sizes no smaller than 9600 square feet. The Property is bordered on the north by Beall Trucking which is zoned H

Plaintiff, the City of Charlotte, appeals a jury award of $530,635.55 in a condemnation action against defendant, Whippoorwill Lake, Inc. The tract at issue is 11.6 acres, including a lake, and is near Charlotte/Douglas International Airport.

The City sets forth two assignments of error: (1) the trial court erred in allowing defendant to file an answer after expiration of a statutory twelve

The issue in this case involves the rates of interest to be applied from the date of filing of the condemnation complaint less credit for the monies deposited. Plaintiff, Township of West Windsor ("Township"), appeals the Law Division's award of pre- and post-judgment interest to defendant condemnee, Yvette Nierenberg ("Nierenberg"),See footnote 11 calculated on the prime rate compounded annually,

Dahl-Smyth, Inc. sued the City of Walla Walla under former RCW 35.13.280 (1965) after Walla Walla annexed certain areas in which Dahl-Smyth held an exclusive right to provide waste collection services. Dahl-Smyth initially sued under former RCW 35.13.280, which deals with annexation by non-code cities and is virtually identical to the language in former RCW 35A.14.900 (1967). Because Walla

In this condemnation action, the property owner, 222 West Associates ("222 West"), appeals from the granting of summary judgment to plaintiff, the City of Trenton ("City"), valuing the property with a four and one-half story height limitation rather than the nine-story height contained in the preliminary approval. The subject property, which contains a structure known as the Roebling Mansion, is l

This is an appeal from the grant of Plaintiff landowners' motion for Partial Summary Judgment. The petition upon which judgment was granted alleged that an agreement between the City of Washington and Franklin County was invalid and that a resolution passed by the city was an illegal exercise of the city's power as granted by statute and the Missouri Constitution. The trial court granted summary j

Inverse condemnation - taking without just compensation. Albuquerque's Spotsplex sought compensation for damages sustained by it as a result of the county filing a criminal complaint against it and passing a new light pollution ordinance requiring the ball field to chop its lights from 50 feet down to 16 feet. As a result, a pending sale of the property to Sandia Pueblo was killed. The property

The Thompsons appeal the judgment awarding them $2,543,000 for 5.5 acres of property they owned in downtown Springfield that was condemned for use as a city park by the City of Springfield. They allege that reversible error occurred when the City stated during voir dire that some of the jurors might believe that their taxes would go up as a result of the award to the Thompsons. They further allege

The issue in this case is whether the Southwestern Illinois Development Authority (SWIDA) properly exercised the power of eminent domain to take property owned by National City Environmental, L.L.C., and St. Louis Auto Shredding Company (collectively NCE), and convey that property to Gateway International Motorsports Corporation (Gateway). The circuit court of St. Clair County ruled that SWIDA had

In 1990, Foster began working as an elementary school teacher at Wilson Elementary School in the Denton Independent School District. A year later, Honeywell installed an HVAC system in the school and was required by contract to maintain and monitor the system, as well as change the filters four times a year.

2 During her tenure at Wilson Elementary, Foster began experiencing recurrent head

In 1989, Scranton Life sold certain properties, including the Garage, to the City of Scranton (the "City") in lieu of condemnation. The sales agreement included a lease provision, whereby the City, upon purchasing the Garage from Scranton Life, would lease the Garage back to Adams Parking, apparently so that Scranton Life could ensure parking for its tenants. The lease provided an init

Plaintiffs John and Deanna Morris and LaSalle Home Mortgage Corporation sued defendants Douglas County Board of Health (the “Board of Health”), Douglasville-Douglas County Water and Sewer Authority (the “Authority”), and Peter Frost, the Authority’s executive director, alleging that the defendants had failed to maintain and repair the Morrises’ septic system

[1] Appellant minors, Brittany Bevan and Steven Tyler Bevan (Brittany and Steven) appeal, through their father and next friend Steven Matthew Bevan (Bevan), from the district court’s grant of summary judgment in favor of appellee William R. Fix (Fix) on their claims of intentional infliction of emotional distress. Having determined that the record reve als genuine issues of material fact

Daniel B. Barge III filed a petition seeking to condemn a portion of Earl and Vera Sadler’s property for use as an easement for access to his landlocked property. The trial court found that Barge already enjoyed an easement by implication across John Sonday’s property; thus, he could not show, as required by the condemnation statute, that he had no other access to a public road. The

Tony M. Rukab and Aida T. Rukab, his wife, appeal from an order of taking in an eminent domain action. The court found that the appellees, City of Jacksonville Beach and the Jacksonville Beach Community Redevelopment Agency (the City), had shown a public purpose and reasonable necessity for taking the Rukabs’ property.

The Rukabs raise a number of issues on appeal. The issue concernin

The term "eminent domain" describes a special legal proceeding in which a government agency require private property for a public property for a public reason. It is also called a condemnation proceeding.

The Oklahoma Constitution allows private property to be taken for a public use if just compensation is paid to the owners of the property that is being condemned.

In this case, the C

Evelyn Loeffler (plaintiff) appeals the judgment of the St. Charles County Circuit Court, entered in favor of the City of O'Fallon (defendant) on its motion for summary judgment. On appeal, plaintiff contends that the trial court erred in granting defendant's motion for summary judgment because: (1) "plaintiff's action is based on inverse condemnation and therefore [the] ten year statute of limita

Defendant-appellant Lake Region Electric Cooperative, Inc. (Lake Region), a rural electric power distribution cooperative in northeast Oklahoma, appeals the district court's denial of its motion to dismiss this eminent domain proceeding filed by plaintiff-appellee City of Tahlequah (the City) to acquire part of Lake Region's electric distribution facilities.(1) Lake Region's motion to dismiss was

1 Appellant, James Mullin, appeals from the judgment entered on the jury verdict finding him liable for the cost incurred by Appellees, Ailisa and Frank Sobien (the Sobiens), in re-framing and siding their end wall, which had become exposed to the elements due to Mr. Mullin’s removal of his condemned building. On appeal, Mr. Mullin claims the trial court erred in refusing his request fo

The appellant, Anthony J. Dunleavy, was a consultant to appellee, Delaware County. In this capacity, Dunleavy advised the County as to the various federal regulatory requirements concerning certain Housing and Urban Development funding grants. Dunleavy sued the County contending that it committed several violations of the False Claims Act, 31 U.S.C. S 3729, et seq. The District Court dismis