Plaintiffs appeal from a summary judgment and judgment on the pleadings in favor of defendants, who are the Oregon Department of Transportation (ODOT) and four ODOT employees. Plaintiffs contend that the trial court erred in dismissing their claims for inverse condemnation and violation of 42 USC § 1983 on the ground that the claims were not ripe and in dismissing their claim under ORS 105.755(2)

In 1977, Herbert I. Crabtree and Alene C. Holloway (“defendants”) acquired approximately 150 acres of rural, undeveloped farm land in Orange County (“property”) from their father. In 1991, defendants began work to develop the property into a residential subdivision. Among other things, defendants (1) surveyed the boundary of the property; (2) ordered soil analyses done by t

In this condemnation proceeding, Ilios, Inc. appeals the judgment of the trial court denying relocation benefits and apportioning a $185,000 condemnation award between it and Progressive Investment Club of Kansas City, Inc. (Progressive). Ilios, Inc. (Ilios) owned and operated a restaurant in space leased from landlord Progressive. Ilios claims that the trial court erred in (1) refusing to set asi

The City of Peerless Park (the City) appeals from a judgment apportioning the proceeds of a condemnation award for a parcel of land owned by William E. Dennis (Dennis) and leased to Central Holding Corporation (CHC). Dennis and the City settled their claim for Dennis's portion of the award and Dennis assigned his rights and interests in this matter to the City. The City contends the trial court er

Following the recommendation of a panel of court-appointed commissioners, the appellant, Department of Transportation (DOT), offered $77,550 to the appellees, Norman Industrial Development Corporation, John R. Law, Jr. and Mildred D. Law (collectively, owners), in condemnation damages. The owners refused the tender and sought a jury trial resulting in an award of $353,435.17. Having prevailed, the

Following the recommendation of a panel of court-appointed commissioners, the appellant, Department of Transportation (DOT), offered $77,550 to the appellees, Norman Industrial Development Corporation, John R. Law, Jr. and Mildred D. Law (collectively, owners), in condemnation damages. The owners refused the tender and sought a jury trial resulting in an award of $353,435.17. Having prevailed, the

This appeal arises from the trial court’s award of loss of profit damages for an impairment of access claim brought by appellee, Whataburger, Inc., in conjunction with its action to recover damages stemming from the statutory condemnation of its property. Appellant, the State of Texas, raises three issues in a single argument: (1) it challenges the trial court’s award of impairment

This appeal arises from the trial court’s award of loss of profit damages for an impairment of access claim brought by appellee, Whataburger, Inc., in conjunction with its action to recover damages stemming from the statutory condemnation of its property. Appellant, the State of Texas, raises three issues in a single argument: (1) it challenges the trial court’s award of impairment

The Missouri Highway and Transportation Commission (MHTC) filed an action in Stone County to condemn certain property for highway construction. The land sought by MHTC included tracts owned by respondents in No. 22821 (referred to in this opinion as "landowners"). Landowners are the appellants in No. 23366. Landowners moved to dismiss the action for lack of subject matter jurisdiction on the basis

Plaintiff entered into a contract with Kent Seida to purchase all decorative landscape boulders and construction rock to be excavated from Seida's land, which Seida planned to develop as a golf course. Shortly after Seida began construction of the golf course, defendant West Linn-Wilsonville School District 3JT (district) initiated an action to condemn the property to build a middle school. Plaint

Plaintiff-Appellant Rick Homans has filed an emergency motion for an injunction pending appeal, Fed. R. App. P. 8; 10th Cir. R. 8.1 & 8.2, and an alternative motion for suspension of the appellate rules and expedited review of the district court's denial of his application for a preliminary injunction, Fed. R. App. P. 2, 10th Cir. R. 2 We find that the emergency motion for an injunction pending ap

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

Background: Marvin Kraft, Appellee, owns a 272-acre unimproved tract of land in Hays County. The Authority brought a condemnation action against Kraft for acquisition of an easement and right-of-way across his land in order to lay a water pipeline. The easement consists of a 30-foot wide strip, 4600 feet long, totaling 3.21 acres, which cuts diagonally across part of Kraft's acreage. The pipel

In order to acquire the waterfront parcel of Rhode Island land that is here at issue,petitioner and associates formed Shore Gardens,Inc. (SGI),in 1959.After SGI purchased the property petitioner bought out his associates and became the sole shareholder.Most of the property was then,and is now,salt marsh subject to tidal flooding. The wet ground and permeable soil would require considerable fi

We grant en banc review of a panel opinion which reversed the trial court's decision that inverse condemnation had not been established because the trial court, the panel determined, had applied the wrong standard. The panel decision was based on our previous decision in this case, VLX Properties, Inc. v. Southern States Utilities, Inc., 701 So. 2d 391 (Fla. 5th DCA 1997), hereinafter referred

Condemnation - Eminent Domain - The sole issue in this condemnation case is whether the condemnee's valuation evidence is admissible. The condemnor, the City of Harlingen, contends that the trial court erred in admitting testimony from the landowner's expert based on an appraisal method described as subdivision development analysis. Under this approach, the witness estimated the land's gross value

Condemnation Case for right-of-way for Interstate Highway I-44. Commissioners' award was $158,000.00.

The ACHD decided to widen a portion of Eagle Road between the Eagle Bypass and State Street in Eagle, Idaho. Sharp owns three contiguous lots on the corner of Eagle Road and Aikens Street. There are three homes on these lots. Two of the three lots border Eagle Road and have access driveways to Eagle Road. The third lot has an access driveway to Aikens Street. Sharon L. Sharp appeals from the dist

Cobb County condemned a parcel of land owned by General Lighting Distributing, Inc. for a road improvement project. Following a hearing, a special master awarded General Lighting $450,000. General Lighting appealed the award, demanding a jury trial. The jury returned a verdict for $506,300, and the trial court entered judgment for General Lighting in that amount. General Lighting appeals, cont

Condemnation - Amtrak Condemned a 2.295 acre parcel for a train wash facility. Plaintiff offer and testimony $1,100,000. Defendants testimony was $1,445,000 by appraiser Arthur Gimmy, MAI and $1,560,000 by owner Dan Horwath. Defendants had purchased property to build a refrigerated produce warehouse in June 1999, approximately six months before the filing of the action and the date of value,

Condemnation - The nature and extent of the right, title and/or interest condemned by the State of Missouri is unknown at this time.

Condemnation - In December 1977, defendant Steve Hassinger started a business in Pryor, Oklahoma. In 1979, the business was incorporated as Pryor Truss Company, an Oklahoma corporation, wholly owed by the defendant and his wife, defendant Susan Hassinger. Approximately one year later, the defendants purchased a parcel of land north of Highway 20 to locate the business, which leased the prope

Condemnation - Eminent Domain - The nature of the land taken, its highest and best use, etc. is unknown at this time.

Plaintiff sued defendant City for breach of oral and written contract, inverse condemnation, and civil rights violations, based on defendant allegedly having failed to honor an agreement to provide plaintiff with a connection to a wastewater discharge system that could accept plaintiff's high salinity water. The trial court sustained defendant's demurrers without leave to amend as to all cla

Eminent Domain/Condemnation - ODOT taking 1/4 Ac. for highway widening project on Hwy 412, west of Locust Grove. Value of land, trees and landscaping and proximity damage to the house were issues. Plaintiff's appraiser testified to $7,100 for just compensation and defendant's appraiser testified to $30,024.