Judge throws out Oceano flooding lawsuit brought by nursery owner Sep 13, 2008
After Tangeman threw out the inverse condemnation claims, Bookout s lawyer, John Belsher, filed a motion for a new trial, based on an allegation that the county withheld documents proving Oceano Nursery didn t flood prior to 2004. Belsher claims the county didn t turn over more than 300 documents, including county-issued drainage and flood control study questionnaires that Oceano residents and business owners filled out in 2002, during the discovery phase of the trial. (Santa Maria Times)
Pinewild Suit Has Setback Jul 13, 2008
"North Carolina provides an inverse condemnation procedure through which property owners can obtain just compensation for takings. Plaintiffs admit that they have not pursued this avenue for relief." ... "Regardless of the 'relief' sought, a takings claim simply does not ripen for purposes of federal court jurisdiction until the state procedures for inverse condemnation have been used and compensation is denied under state law," his ruling says. (The Pilot Newspaper)
Council solves chronic alleyway issues May 21, 2008
"Any closing of the alley would constitute the inverse condemnation of the Class property.". Morales informed council Tuesday night that he had met with Jimmie Class and that Class would help the City of Eagle Lake with labor, material and funds in reverting traffic off the Class property. (Columbus Colorado County Citizen, TX)
Former Chief sues Cameron May 8, 2008
The Law Offices of Brian R. Barjenbruch, LLC, filed charges on behalf of Bennett for Wrongful Termination, Defamation and Inverse Condemnation against the City of Cameron. Charges were also filed for Defamation against both the Cameron City Manager, Phil Lammers and Water Sewer Distribution Superintendent John Carroll. (Cameron Observer, MO)
Couple loses supreme court case May 2, 2008
" Consequently, during heavy rain, storm water run-off flooded the Stevenses' land. The city sought a summary judgment on the claims, basing its argument on the fact that Shawn and Jennifer did not own the land when the plat was approved. When the summary judgment was denied, the city appealed. Tuesday's ruling was unanimous, and Brandon D. Mizner, who argued on behalf of the city, said that making the city liable in this matter would be unrealistic. "The case was unique in that (the couple)... (The Examiner)
Prichard ordered to pay for home Apr 6, 2008
" The judge ruled in favor of Turner's inverse condemnation claim, stating in his judgment that the city "did occupy and injure the property of Bessie Mae Turner constituting a taking without just compensation. " Huntley said the judge misinterpreted Alabama Eminent Domain law and related case law by ruling in favor of the inverse condemnation claim. According to Huntley, the city would have had to take possession of the property and use it for public purpose. Huntley said he planned to ask... (AL.com)
City to allow 129 homes at Beachwood or pay $18 million Apr 2, 2008
In his judgment, Walker blamed the city for creating the same conditions that resulted in an inverse condemnation of Beachwood. The property, once worth tens of millions of dollars, plunged in value to approximately 2. (Half Moon Bay Review, CA)
By Joe Cotchett-Matter of Opinion Jan 31, 2008
This caused the present suit that ended up in federal court for inverse condemnation - the taking of land in violation of the Constitution, which calls for just compensation. Without getting into the legal issue of whether the federal court had jurisdiction, a combination of cute lawyering and a total failure of understanding by the City Council landed the case in federal court under the Fifth Amendment taking clause. (Half Moon Bay Review, CA)
New roads list on Council agenda ... Recycling program moves forward ... SSUSD board to consider online contract ... Explosive Detachment team called out to area business ... ';var marqueewidth="350px";var marqueeheight="25px";var marqueebgcolor="#FFFFFF";////NO NEED TO EDIT BELOW THIS LINE////////////var pauseit=1;var marqueespeed=1 //slow speed down by 1 for NSvar copyspeed=marqueespeedvar pausespeed=(pauseit==0)? copyspeed: 0var iedom=document.all||document.getElementByIdif (iedom)document.write(''+marqueecontent+'')var actualwidth=''var cross_marquee, ns_marqueefunction populate(){if (iedom){cross_marquee=document.getElementById? document.getElementById("iemarquee") : document.all.iemarqueecross_marquee.style.left=parseInt(marqueewidth)+8+"px"cross_marquee.innerHTML=marqueecontentactualwidth=document.all? temp.offsetWidth : document.getElementById("temp").offsetWidth}else if (document.layers){ns_marquee=document.ns_marquee.document.ns_marquee2ns_marquee.left=parseInt(marqueewidth)+8ns_marquee.document.write(marqueecontent)ns_marquee.document.close()actualwidth=ns_marquee.document.width}lefttime=setInterval("scrollmarquee()",20)}window.onload=populate;function scrollmarquee(){if (iedom){if (parseInt(cross_marquee.style.left)>(actualwidth*(-1)+8))cross_marquee.style.left=parseInt(cross_marquee.style.left)-copyspeed+"px"elsecross_marquee.style.left=parseInt(marqueewidth)+8+"px"}else if (document.layers){if (ns_marquee.left>(actualwidth*(-1)+8))ns_marquee.left-=copyspeedelsens_marquee.left=parseInt(marqueewidth)+8}}if (iedom||document.layers){with (document){document.write('')if (iedom){write('')write('')write('')write('')}else if (document.layers){write('')write('')write('')}document.write('')}}Tuesday, January 15, 2008 New roads list on Council agenda Jan 15, 2008
The lines of the MIA are arbitrary and do not have a lawful value, said Zimmer, who added that downzoning the property will render it worthless by diminishing its economic value, which constitutes a taking and an inverse condemnation. Local Assistance Plan. (Ridgecrest Daily Independent, CA)
City prepares for appeal Dec 20, 2007
U.S. District Judge Vaughn Walker ruled late last month that the city was guilty of inverse condemnation of a nearly 25-acre tract off of Highway 1 after bungling a storm drain project, creating wetlands on Keenan's property. Any appeal would go to the 9th U.S. Circuit Court of Appeals in San Francisco. (Half Moon Bay Review, CA)
San Marcos doesn't need another shopping center. New York has a park in the middle of the city...so why can't we? I think the Indians had it right all along. Respect and honor the land we live in. More... Dec 15, 2007
oh brother wrote on Dec 14, 2007 7:48 AM:can you say inverse condemnation. Let Them Buy It wrote on Dec 14, 2007 8:13 AM:If the Faery Shrimp can afford to buy the land that they are trespassing on, then they can keep their pools. (North County Times)
City ponders Beachwood appeal Dec 13, 2007
Half Moon Bay officials are poised to hire a new legal firm after two weeks spent considering whether to appeal a 37 million inverse condemnation judgment against the city ... "Brown noted that Walker found for the developer in every possible instance and that he wrote the decision in a way that anticipates many avenues of appeal.Walker's rulings on the facts of the case are unlikely to be in play in an appeal. But legal matters, such as how he applied state and federal inverse condemnation laws... (Half Moon Bay Review, CA)
Beachwood could cost Half Moon Bay more than $36,795,000 Dec 6, 2007
The judge's 167-page ruling finds Half Moon Bay responsible for creating wetlands on the site as well as a series of bungled policy decisions and legal maneuvers that together resulted in an inverse condemnation of property belonging to well-known Peninsula developer Charles "Chop" Keenan. Yamagiwa is a trustee for Keenan Family Trusts. (Half Moon Bay Review, CA)
City Council cancels tax vote in wake of Beachwood judgment Dec 5, 2007
The city has until Dec. 28 to decide whether to appeal the Nov. 28 federal court decision, which sided with Beachwood developers following an inverse condemnation suit. Want to talk about this story. (Half Moon Bay Review, CA)
Property owner wants Flagler to pay up Nov 22, 2007
"We believe this to be a reasonable resolution of this matter in which the county could easily incur that amount in attorney's fees to Dr. Milanick in an inverse condemnation action," the letter states. But county officials say not so on all counts, and they're not forking over the cash. (Daytona Beach News Journal)
19 comment(s) Judge: U.S. Forest Service did not cause 2003 Cedar fire Nov 6, 2007
In a so-called "inverse condemnation" case filed in Washington, the homeowners alleged that the forest service's decades-long policies of suppressing all natural wildfires in the Cleveland National Forest created "a situation where a catastrophic fire escaping the (forest) and damaging homes in adjacent communities was inevitable." The forest service also encouraged recreational activities, including hunting, that heightened the risk of fires, the homeowners alleged. The forest service policies... (North County Times)
Landfill lawsuit on hold pending appeals ruling Oct 23, 2007
He said some matters can proceed, such as the inverse condemnation complaint, which is not subject to the governmental immunity complaint. Altobelli said if one complaint continued, it could require the county to conduct depositions on each of the plaintiffs more than once. (Cadillac News, MI)
Vacation rental concerns to be addressed Oct 4, 2007
his is inverse condemnation a decision that is made that negatively affects property or a way of life, said John Fisher, an Elinore Way resident and petition signer. he decision to put a vacation rental in the middle of a residential area is a blatant disregard and disrespect toward property owners. (Mount Shasta News, CA)
Governmental immunity claim denied in lawsuit Sep 18, 2007
The charges include nuisance, nuisance per se, trespass, negligence, gross negligence, negligence per se and inverse condemnation. The county argued that all except inverse condemnation should be dropped because of governmental immunity. (Cadillac News, MI)
Walgreens' neighbors opt to sell property Aug 22, 2007
Guth has maintained the opinion that Walgreens and the city have effectively devalued his property through spot-zoning and inverse condemnation. As for selling the homes, he has received a few interested calls, but nothing substantial so far. (Fulton Sun, MO)
Immunity motion undecided Aug 22, 2007
Wexford County s attorney Dean Altobelli argued that all charges except inverse condemnation should be dismissed because the county holds governmental immunity. Attorneys for the plaintiffs, meanwhile, say the county does not hold governmental immunity because of the way it has conducted landfill operations. (Cadillac News, MI)
Restoration Sunburst’s land Aug 8, 2007
He said limiting restoration awards to market value would be like giving a company like Texaco a private right of inverse condemnation akin to a private right of eminent domain. That would create an incentive for a company to disregard or discount risks of contamination or pollution to neighboring property owners, and leave those owners with a take it or leave it proposition to either sell out or live with toxic chemicals. (Helena Independent Record)
County approves new road policy Jul 26, 2007
Fultz added that county could have an inverse condemnation suit filed against it by anybody who did not accept that, because it had been a county road at the past, that it was actually a county road. Fultz added that such a case would hinge in large part on whether there was any deed or other document of dedication of the road to the county. (Navasota Examiner, TX)
County seeks immunity from lawsuit allegations Jul 20, 2007
The lawsuit accuses the three entities of nuisance, nuisance per se, trespass, negligence, gross negligence, negligence per se and inverse condemnation ... The county s motion seeks disposition of six of the seven claims in this case and will determine whether the case is streamlined down to a straightforward inverse condemnation issue, Altobelli wrote in a motion ... With the inverse condemnation complaint, the plaintiffs say the county violated their 5th and 14th Amendment rights by depriving... (Cadillac News, MI)
Eagle Lake city council hires defense Jul 18, 2007
The plaintiff, the Andersons, have accused the defendant, the city of Eagle Lake of inverse condemnation, trespass without valid easement on their land located in the city and declaratory judgment and filed an original petition for the suit at the Colorado County Courthouse Thursday, June 21. An answer to the plaintiff's original petition was filed by the city of Eagle Lake July 13 at the courthouse stating that the city denies generally every allegation contained in the petition and demands... (Columbus Colorado County Citizen, TX)
Lawsuit filed against city of Eagle Lake Jul 11, 2007
Plaintiffs, Richard Lyle Anderson, trustee; Dana Anderson and Robbie Gay Anderson have accused the defendant, the city of Eagle Lake, of inverse condemnation, trespass without valid easement and declaratory judgment. The Andersons are the owners of the fee simple estate in the following land located in Colorado County: 1. (Columbus Colorado County Citizen, TX)
Resident's Letter Asks Oxford to Maintain Old English Lane Jun 27, 2007
In a lawsuit filed in behalf of Mr. Sciortino and Mr. Abbels in January, Attorney Thomas J. Sansone of Carmody and Torrance, LLC, argued that the plaintiffs have a valid cause of action against the town for inverse condemnation. "It is more than apparent that the Town has effected a taking of the plaintiffs' property and is therefore obligated to compensate them for such taking. For years, literally decades, the Town had unwaveringly taken the position that Old English Lane was a private road.... (Voices, CT)
City goes to court over Beachwood Jun 14, 2007
The current case is an inverse condemnation, an action that is essentially the reverse of an eminent domain proceeding in which the government moves to take land from a party and offers compensation. The developers contend that the city has taken the property without compensation by rendering it unusable by creating wetland conditions. (Half Moon Bay Review, CA)
Bar Owner Comes To Settlement With City Concerning Parking Fines May 27, 2007
Eventually, the city dismissed most of the fines, but Winkelman ended up suing in 2005, saying the city was trying to take the property by "inverse condemnation.". City officials are scheduled cinch the deal by making the curb cut to give Winkelman access to his newly finished driveway, which is permeable mix of concrete and grass that looks like a lawn. (TheSanDiegoChannel.com, CA)
Kinderhook Township lawsuits regarding zoning soon to be heard Apr 24, 2007
Patrick and Susan Wilczynski appealed the decision of the township board and then filed a separate suit, which claims the township zoning ordinance is unconstitutional and seeks money damages for inverse condemnation for the zoning denial. The couple wanted to rezone 23. (Coldwater Daily Reporter, MI)
LISTMANIA! What are the valley's biggest eyesores? Mar 26, 2007
Denver Doug/Doug wrote on March 25, 2007 7:01 PM:"Only in the overwhelming need of the health, safety and general welfare of the population should private land be taken. And even then, only through a condemnation procedure that pays the land owner fair market value for the land. Certainly, acquiring land for roads, schools and other public improvements will sometimes result in the need for the government to secure needed land in a way most responsible to the tax payers and those from which the... (Logan Herald Journal, UT)
West Gate residents plan strategy Feb 6, 2007
For those whose property values may decline if the gate remains closed, except for four hours a day, Kelly said people can seek relief under the inverse condemnation law, which recognizes actions by governments may lower property values. That will require keeping accurate records he said, adding documentation that a committee will need to influence politicians to fight for their cause is equally critical. (Sierra Vista Herald, AZ)
Judge Hit for Friendship With Prevailing Lawyer in $94.5M Suit Jan 11, 2007
5 million inverse condemnation suit. Former San Diego County Superior Court Judge Vincent DiFiglia should have told the defendants in the 2001 case that he had a long-term friendship with the plaintiff's co-counsel, Vincent Bartolotta Jr., commissioners said. (Law.com)
