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Inverse Condemnation Law
 
Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

Jon Gregory Sanchez v. Robert Elizondo

Defendant-Appellant Robert Elizondo appeals the
district court’s order vacating his arbitration award and
remanding for further proceedings. Elizondo was awarded
$75,000 in damages (the Award) in the parties’ arbitration,
which Elizondo initiated to recoup losses he suffered as a
result of Plaintiff-Appellee Gregory Sanchez’s
mismanagement of his investment portfolio. Elizo... More...
   $0 (01-09-2018 - NV)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...   $0 (12-25-2017 - TX)

STATE OF NEW JERSEY v. AKEEM BOONE

In this appeal, we consider whether a warrant application
that did not include evidence as to why a specific apartment
unit should be searched fell short of establishing probable
cause for the search of that apartment, in violation of the
Fourth Amendment of the United States Constitution and Article
I, Paragraph 7 of the New Jersey Constitution.
Defendant Akeem Boone... More...
   $0 (12-21-2017 - NJ)

Raymond Berthiaume v. David T. Smith and City of Key West Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Defendants David T. Smith and the City of Key West (collectively “defendants”) moved for panel rehearing of an opinion originally filed on October 5, 2017 and reported at __ F. App’x __, 2017 WL 4422465. Defendants also moved for publication of the opinion. We grant in part and deny in part the defendants’ motion for panel rehearing, grant the defendants’ motion for publication of the opinion, vac... More...   $0 (12-11-2017 - FL)

UNITED STATES OF AMERICA v. ARTHUR MATTHEW FERGUSON UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

On February 7, 2001, Ferguson pleaded guilty in the District Court to one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Ferguson was sentenced to 84 months’ imprisonment, to be followed by three years of supervised release.
Two years into that term of supervision, the United States Probation Office petitioned the District Court to revoke Fergus... More...
   $0 (12-03-2017 - )

Joan Kedra v. Richard Schroeter Third Circuit Court of Appeals - Philadelphia, Pennsylvania

This case arises from the grievous death of State
Trooper David Kedra, who was shot and killed by his
instructor, then-Corporal Richard Schroeter, during a routine
firearms training. Although a long-term veteran of the police
force and specifically certified in the safe use of firearms,
** Honorable Michael J. Melloy, Senior Circuit Judge,
United States Court of Appeals for... More...
   $0 (12-03-2017 - PA)

Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-25-2017 - CA)

Hossein Shahbazian v. City of Rancho Palos Verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-22-2017 - CA)

KAMO ELECTRIC COOPERATIVE, INC. v. CURTIS L. NICHOLS and LORI D. NICHOLS

Kamo and K-Powernet sought a power line/telecommunications easement across approximately 3.9 acres of rural land that was used primarily for cattle. The parties were unable to agree on a negotiated price, and a condemnation proceeding ensued. The appointed commissioners found that the value of the property taken, plus damages to the remainder, totaled $20,000. Both parties objected, and the matter... More...   $0 (11-22-2017 - OK)

GLORIA J. JACKSON, et al. v. THE UNITED STATES

In September 1889, the Georgia legislature granted the Eatonton & Machen Railroad Company a charter to “construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State . . . .” Pls.’ Mot. Summ. J. App. C, at C-4. The railroad’s charter incorporated Section 1689(l) of the Georgia Code, stating: <... More...   $0 (11-21-2017 - )

The City of Oklahoma City v. Bank of Oklahoma, N.A. and GTH Investment Holdings, LLC

Oklahoma City, OK - The City of Oklahoma City sued Bank of Oklahoma, N.A. and GTH Investment Holdings, LLC

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: The City Of Oklahoma City
Filed Date: 04/27/2017
Party Name Disposition Information
Plaintiff: The City Of Oklahoma City Disposed: JUDGEMENT ENTERED, 11/20/2017. Judge
Docket
Date Code Description Cou... More...
   $130000 (11-20-2017 - OK)

City of Cedar Falls v. JLL, Inc. Linn County Courthouse - Cedar Rapids, Iowa

Cedar Falls, IA - Jury Awards Defendant $106,000 For Taking Of Property

The City of Cedar Rapids sued JLL, Inc. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in property owned by the Defendant for public use as a roundabout on University Avenue.

JLL was awarded $524,000 but sought $2.3 million.... More...
   $0 (11-17-2017 - IA)

William Mack, Jr. v. State of Mississippi

On September 20, 2013, a grand jury indicted both Mack and his father, William Mack Sr. (Mack Sr.), for the aggravated assault of Joseph Scott (Scott). The circuit court subsequently granted Mack's motion to sever his trial from his father's trial.

¶ 4. At Mack's trial, Scott testified that he was standing outside his grandparents' house in Hattiesburg, Mississippi, on January 25, 2... More...
   $0 (11-15-2017 - MS)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

West Virginia Lottery v. A-1 Amusement, Inc. Supreme Court of Appeals - Charleston, West Virginia

This appeal concerns a dispute between the West Virginia State Lottery, the
Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain
entities (Permit Holders) who were issued permits to operate limited video lottery game
terminals (LVL terminals). The dispute arose after the State Lottery instructed the Permit
Holders that they would be required to u... More...
   $0 (11-14-2017 - WV)

Oklahoma Turnpike Authority v. Eugene Garner and Jean Garner, et al.

Oklahoma City, OK - Oklahoma Turnpike Authority sued Eugene Garner and Jean Garner, et al. on eminent domain theories seeking to acquire by condemnation certain rights, title and interest in private property of public use.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: Oklahoma Turnpike Authority
Filed Date: 10/05/2017
Party Name Disposition Information
Defendant:... More...
   $0 (11-02-2017 - OK)

City of Tulsa v. Mark A. Becker, et al.

Tulsa, OK - The City of Tulsa sued Mark A. Becker, et al.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: CITY OF TULSA
Filed Date: 07/26/2017
Party Name Disposition Information
Defendant: ARVEST BANK Disposed: DISCLAIMER, 08/11/2017. Other
Defendant: BECKER, MARK A Disposed: OTHER, 11/01/2017. Judge
Defendant: BECKER, SARAH A Disposed: OTHER, 11/01/... More...
   $0 (11-01-2017 - OK)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

United States of America v. Christopher James Preston Ninth Circuit Court of Appeals Courthouse - San Francisco, California

In 2015, Christopher Preston was convicted on two counts of aggravated sexual abuse of a child. He appeals, arguing that evidentiary errors and prosecutorial misconduct rendered his trial fundamentally unfair. We agree. There were a number of trial errors and, considering that evidence of guilt was not overwhelming, their cumulative effect prejudiced Preston. Accordingly, we REVERSE.
I. BACKGR... More...
   $0 (10-19-2017 - AZ)

Tri-County Metropolitan Transportation District of Oregon v. Joseph Y. Aizawa, et al.

Ordinarily, a party entitled to recover attorney fees
incurred in litigating the merits of a fee-generating claim
also may receive attorney fees incurred in determining the
amount of the resulting fee award. See Strawn v. Farmers
Ins. Co., 353 Or 210, 234, 297 P3d 439 (2013) (awarding
so-called “fees on fees” to which no objection was raised);
Crandon Capital Partners v. Sh... More...
   $0 (10-05-2017 - OR)

Richard Healy v. Cox Communications, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Cox Cable subscribers cannot access premium cable services—features such as
interactive program guides, pay-per-view programming, and recording or rewinding
capabilities—unless they also rent a set-top box from Cox. Dissatisfied with this
arrangement, a class of plaintiffs in Oklahoma City (“Plaintiffs”) sued Cox under the
antitrust laws. They alleged that Cox had illegally tied ca... More...
   $0 (09-20-2017 - OK)

City of Jenks v. Thomas William, et al.

Tulsa, OK - City of Jenks v. Thomas William, Rena Lou Hollard Trust, Dennis Semler, Board of County Commissioners of Tulsa County


Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: CITY OF JENKS
Filed Date: 05/12/2015
Party Name Disposition Information
Defendant: BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY Disposed: JUDGEMENT ENTERED, 09/19/2017. Judge
De... More...
   $390000 (09-18-2017 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Fine Outdoor Advertising, Inc. Rogers County Courthouse - Claremore, Oklahoma

Claremore, OK - State of Oklahoma, ex rel. Department of Transportation v. Fine Outdoor Advertising, Inc.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: STATE OF OKLAHOMA
Filed Date: 08/16/2016
Party Name Disposition Information
Plaintiff: STATE OF OKLAHOMA Disposed: JUDGEMENT ENTERED, 09/18/2017. Judge
Docket
Date Code Description Count Party Amount... More...
   $138000 (09-18-2017 - OK)

State of Oklahoma, ex rel. Department of Transportation v. Fine Outdoor Advertising, Inc. Rogers County Courthouse - Claremore, Oklahoma

Claremore, OK - State of Oklahoma, ex rel. Department of Transportation v. Fine Outdoor Advertising, Inc.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: State of Oklahoma ex rel
Filed Date: 01/04/2012
Party Name Disposition Information
Plaintiff: State of Oklahoma ex rel Disposed: JUDGEMENT ENTERED, 09/18/2017. Judge
Docket
Date Code Description Count ... More...
   $193250 (09-18-2017 - OK)

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