Vastar Resources, Inc. v. Betty J. Howard, et al. |
1 This is an appeal by Plaintiff, Vastar Resources, Inc., from the trial court's entry of judgment on a jury verdict in favor of Defendants (Landowners) for damages under the Surface Damages Act (Act), 52 O.S.1991 §§ 318.2--318.9. By order of the Oklahoma Supreme Court, the appeal has been consolidated with Landowners' appeal of the trial court's denial of an attorney's fee and costs. Based upon o $0 (01-18-2002 - OK) |
City of Tahlequah, Oklahoma v. Lake Region Electric Cooperative, Inc., et al. |
Defendant, Lake Region Electric Cooperative, Inc. [Lake Region] had part of its electric facilities condemned on February 29, 2000 by the City of Tahlequah [City] pursuant to 18 O.S.1991 § 437.2's terms. City initiated condemnation proceedings in the Cherokee County District Court on May 18, 1998 against Lake Region and the United States of America, ex rel. Rural Electrification Administration [Un $0 (01-15-2002 - OK) |
Oklahoma Department of Transportation v. Lambert Sales and Management Company |
Condemnation of private property for construction of state highway in Tulsa County, Oklahoma. The commissioners, Jan Gordon, Jim Clark and George O'Connor, awarded the property owner $375,000.00. Jury demands were filed by the parties. The property taken was located at 156th and Memorial in Bixby, Oklahoma. .89 acres were taken to widen Memorial. It was a total taking. The owner sought $95 $425000 (01-11-2002 - OK) |
Gibson v. Housing Authority |
The above captioned cases involve lead poisoning actions brought on behalf of minor children that have been consolidated on appeal. In Housing Authority of Baltimore City v. Berris, Housing Authority of Baltimore City v. Smalls, Housing Authority of Baltimore City v. Jones, and Housing Authority of Baltimore City v. Lyles, appellant, the Housing Authority of Baltimore City (HABC), appeals th $0 (01-03-2002 - MD) |
John H. Isaacs v. Sprint Corporation, et al. |
Beginning in the 1980s, Sprint purchased from some 40 different railroads operating in every state of the continental United States the right to install fiber-optic cables on the railroads' rights of way. A suit has been filed in the district court on behalf of owners of the land adjacent to these rights of way, claiming that the right belongs to them, not to the railroads, and seeking d $0 (08-14-2001 - IL) |
Brandywood Housing, Ltd. v. Texas Department of Transportation |
This is an inverse condemnation case brought pursuant to Article I, §17 of the Texas Constitution. Plaintiff/appellant, Brandywood Housing, Ltd. (“Brandywood”), sued defendant/appellee, the Texas Department of Transportation (“TexDOT”), alleging that TexDOT’s reconstruction of a nearby highway caused Brandywood’s apartment complex to flood. Brandywood appeals $0 (12-27-2001 - TX) |
Animas Valley Sand and Gravel, Inc. v. Board of County Commissioners of the County of La Plata, Colorado |
This case involves the effect of a county land use plan on real property lying within a river valley in La Plata County. The landowner, a sand and gravel company, initiated an inverse condemnation action against the county. The company alleged that the restrictions placed on its property, pursuant to the plan, result in a compensable taking. In this opinion, we apply the United States Supreme Cour $0 (12-17-2001 - CO) |
The City of Brentwood, a Municipal Corporation Plaintiff v. Barron Holdings International, LTD. |
Appellant, Barron Holdings International, LTD., L.L.C (Barron) appeals from the trial court order involving the distribution of monies paid into the registry of the court as damages for the taking of real property by Respondent, The City of Brentwood, a Municipal Corporation (City).(FN1) Barron contends the trial court erred in that it was not given proper notice, the trial court's order was not b $3000000 (12-11-2001 - MO) |
Thelma Blahuta Hubenak v. San Jacinto Gas Transmission |
These are four eminent domain cases, in which appellee, San Jacinto Gas Transmission Company (San Jacinto) brought condemnation proceedings against the appellants, various landowners (the Landowners), to condemn easements for the construction, operation, and maintenance of a 12-inch natural gas pipeline over the property of the Landowners.1 The trial courts rendered partial summary judgments f $0 (12-14-2001 - TX) |
Vick v. South Carolina Department of Transportation |
Louis V. Vick, Jr. brought this inverse condemnation action against the South Carolina Department of Transportation (SCDOT), alleging damage to a private road. The matter was referred to the master-in-equity to address the issue of ownership of the property, reserving the issue of damages if the road was found to be private for a jury trial. After the master found Vick owned the road, a jury a $0 (10-15-2001 - SC) |
Town of Darien v. Estate of F. Francis D'Addario, et al. |
This appeal concerns General Statutes § 48- 13, 1 and whether the trial court properly granted the application of the plaintiff, the town of Darien (town), to enter the property of the intervening defendant AvalonBay Communities, Inc. (AvalonBay), to conduct an environmental inspection prior to initiating condemnation proceedings to take the property. AvalonBay contends that the trial court $0 (11-26-2001 - CT) |
Bradfordville Phipps Limited Partnership v. Leon County, Florida |
Bradfordville Phipps Limited Partnership (Partnership), challenges an order rendered by the Second Judicial Circuit Court denying its motion for summary judgment and granting summary judgment in favor of Appellee, Leon County (County). The Partnership, which owns property in a part of Leon County known as the Bradfordville Study Area (BSA), had filed an inverse condemnation action against the $0 (11-26-2001 - FL) |
East Cape May Association v. State of New Jersey |
Plaintiff East Cape May Associates, a limited partnership, owns approximately 100 acres of undeveloped land in the City of Cape May, New Jersey. Most of the property is freshwater wetlands, and both the State and East Cape May agree that it is of "exceptional resource value," a statutory designation which subjects the property to heightened protection against development. N.J.S.A. 13:9B-7, -10c; s $0 (07-25-2001 - NJ) |
United Property Owners v. Borough of Belmar |
These three appeals require us to determine the validity of a comprehensive local ordinance governing summer rentals at a shore community. Plaintiffs United Property Owners Association of Belmar, an association of approximately eighty property owners in Belmar, and three of its constituent members Nicholas Zampetti, Laura Gifford and John Roland (collectively plaintiffs), brought an action against $0 (07-16-2001 - NJ) |
Oklahoma Turnpike Authority v. Diana J. Bruner, et al. |
Diana Bruner, the widow of Daniel Bruner, brought cross-claims against Daniel's parents in a condemnation action that had been instituted by the Oklahoma Turnpike Authority.(1) Diana's cross-claims sought to establish her interest in four tracts of land (two of which were subject to the condemnation proceeding, and two of which were not) to which Daniel's parents held title. The district court ent $0 (08-08-2001 - OK) |
Evelynn C. Foster v. State of Alaska, Department of Transportation |
Indian Law - The superior court dismissed for lack of subject matter jurisdiction Evelynn Foster's trespass claim against the State of Alaska. Because adjudicating Foster's claim would have required the superior court to determine the scope of an easement on Foster's Native allotment, and because state courts lack jurisdiction to adjudicate the ownership or right to possession of Native all $0 (11-16-2001 - AK) |
The City of Houston v. Northwood Municipal Utility District No. 1, et al. |
The City of Houston (the City) brings this interlocutory appeal 1 from the denial of two pleas to the jurisdiction asserted as to the claims of appellees, Northwood Municipal Utility District No. 1 and its bondholders. * * * Background In 1984, developers petitioned the City of Houston to create a municipal utility district comprised of 385.059 acres of land located within the City̵ $0 (11-15-2001 - TX) |
Charles M. Vorhees v. Naper Aero Club, Inc., et al. |
Plaintiff Charles M. Vorhees is the executor of the estate of Helen Brach. The Brach estate owns an undivided, one-half interest in a 312-acre farm (the Farm) located in unincorporated DuPage County, Illinois, adjacent to the cities of Naperville and Aurora. Defendant Naper Aero Club, Inc. (Naper Aero) is a not-for-profit flying club that operates a small private airport (the Airport), a $0 (11-09-2001 - IL) |
Wayne Alexander Trust v. City of Bentonville |
Appellant, Wayne Alexander Trust, Wayne Alexander, Trustee, appeals from a Benton County Circuit Court order approving Bentonville Municipal ordinance 94-63 ordering the condemnation of seven structures in Bentonville. Appellant requested that the circuit court stay execution of its order until he had an opportunity to file an appeal with our court. The circuit courtdenied appellant's request. App $0 (09-14-2001 - AR) |
Public Service Company of Colorado v. Mark Van Wyk, et ux. |
This case presents the issue of whether the Colorado Public Utilities Commission's (PUC) approval of electrical line upgrades by the Public Service Company of Colorado (PSCo) precluded claims by adjacent property owners for inverse condemnation, trespass, and nuisance against PSCo based on those upgrades. This case also presents the issue of whether the class-action complaint, filed by Mark and Er $0 (07-01-2001 - CO) |
Eugene M. Pfeifer v. City of Little Rock |
The idea for the creation of the library and complexbegan soon after President William J. Clinton was elected to the presidency in 1992. At that time, a faction of his supporters began work to find property in Arkansas to establish the Clinton Presidential Center to house the presidential letters and archives from his administration. This Clinton Presidential Library Study Commission (the Commissi $0 (11-02-2001 - AR) |
Ada County Highway District v. Sharon L. Sharp |
Sharon L. Sharp appeals from the district court’s judgment deciding that an order of condemnation from the Ada County Highway District (ACHD) does not define the nature and scope of a take and that her property suffered no severance damages. Sharp also appeals from the district court’s denial of her claim for attorney fees and costs. We affirm. I. FACTS AND PROCEDURE The $16507 (07-17-2001 - ID) |
State of Oregon ex rel. Department of Transportation v. Peterson |
In this condemnation proceeding, the State of Oregon through the Department of Transportation (ODOT), condemned property belonging to defendants for the Camelot/Sylvan Interchange project on Highway 26 in Portland. After defendants Peterson defaulted, ODOT filed an amended complaint alleging that the just compensation for defendants Fullertons' property was $74,500. (1) The Fullertons answered tha $0 (10-17-2001 - OR) |
L.A. Braunagel v. City of Devils Lake |
[1] L.A. Braunagel appealed from a summary judgment dismissing his action against the City of Devils Lake ("the City") seeking a declaratory judgment and injunction directing the City to annex certain property or, alternatively, seeking damages for inverse condemnation. We affirm. I. [2] Braunagel owns a parcel of property adjacent to the City. The property has at all times been zoned for a $0 (07-10-2001 - ND) |
W.M.A.T.A. v. Precision Small Engines |
Precision Small Engines, Inc. ("Precision") appeals the district court's holding, in a one-day bench trial, that a disputed mezzanine constructed by Precision was, for "taking" purposes, a fixture, right- fully compensated to the owners of the property and not the tenant, Precision. The district court held that, at the time of the condemnation by Appellee Washington Metropolitan Area Transit $0 (06-19-2000 - MD) |
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