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Inverse Condemnation Cases: Federal Court of Claims
Henderson County Drainage District #3, et al., v. United States of America and Rock Island District of US Army Corps of Engineers, US Federal Court of Claims, Washington, DC; on behalf of defendants and responsible for soil and groundwater assessment, modeling, and impact evaluation of allegations regarding US Army Corps of Engineers Mississippi River Nine Foot Navigational Channel at Lock & Dam 18 and 22; involves allegation of damages to agricultural lands behind the levees at Henderson County Drainage District #3, IL and Marion County Drainage District, MO; provided expert testimony January 2004.
Cheyenne River Sioux Indian Tribe, et al., v. United States of America and Omaha District of US Army Corps of Engineers, US Federal Court of Claims, Washington, DC; on behalf of defendants and responsible for soil, geomorphology, and surface water flooding investigation and impact evaluation of allegations regarding US Army Corps of Engineers Oahe Reservoir in South Dakota; involved allegation of damages to properties of Cheyenne River Sioux Indian Reservation, Dewey County, SD.
Roy H. James and Summerfield Farms, Inc. v. United States of America and US Fish & Wildlife Service, United States Court of Federal Claims, Washington, DC; on behalf of defendants re: allegation of damages from inverse condemnation of land due to reduction in groundwater drainage adjacent to U. S. Fish & Wildlife Service's Pocosin Lakes National Wildlife Refuge; prepared expert reports and deposition testimony; case settled with acquisition of property.
Inverse Condemnation Cases: State Court
Jean P. Beck, Trustee, et al. v. North Carolina Department of Transportation, Superior Court, Franklin County, North Carolina; on behalf of plaintiffs re: basis of inverse condemnation. Prepared expert report and testified in court establishing basis for inverse condemnation.
Condemnation Cases: Federal Court
United States of America v. Robert Blackwood, United States Federal Court, Middle District, North Carolina, on behalf of plaintiff re: valuation of condemned property; provided expert report, technical analysis of comparable sales, and testimony.
United States of America v. Wade Parrish, United States Federal Court, Middle District, North Carolina, on behalf of plaintiff re: valuation of condemned property; provided expert report, technical analysis of comparable sales, and testimony.
United States of America v. Bennett Roberts, United States Federal Court, Middle District, North Carolina, on behalf of plaintiff re: valuation of condemned property; provided expert report, technical analysis of comparable sales, and testimony.
United States of America v. Bobby L. Parrish, United States Federal Court, Middle District, North Carolina, on behalf of plaintiff re: valuation of condemned property; provided expert report, technical analysis of comparable sales, and testimony.
United States of America v. Elizabeth P. Roberts, United States Federal Court, Middle District, North Carolina, on behalf of plaintiff re: valuation of condemned property; provided expert report, technical analysis of comparable sales, and testimony.
United States of America v. William A. MacFarland, United States Federal Court, Middle District, North Carolina, on behalf of plaintiff re: valuation of condemned property; provided expert report and technical analysis of comparable sales; settlement.
United States of America v. William R. Biggs, United States Federal Court, Middle District, North Carolina, on behalf of plaintiff re: valuation of condemned property; provided expert report, technical analysis of comparable sales, and testimony.
Condemnation Cases: State Court
Piedmont Triad Airport Authority v. Charles G. Sims and Karen L. Sims, Superior Court, Guilford County, North Carolina, on behalf of defendants re: valuation of property that was condemned, allegations of flood plain, wetlands and non developable land by plaintiff. Prepared expert report, deposition testimony, assisted in deposition of plaintiff's experts, and court testimony; defendants were awarded a substantial increase in the value for the property by the jury.
North Carolina Department of Transportation v. James M. and Jasper C. Williams, Superior Court, Cumberland County, North Carolina; on behalf of defendants re: valuation of property condemned for new roadway, and allegations of devaluation due to wetlands in the taking. Prepared expert report; case settled with substantial award to defendants.
North Carolina Department of Transportation v. Beacham Associates, Ltd., Superior Court, Onslow County, North Carolina, on behalf of defendant re: valuation of condemned property; prepared expert report.
North Carolina Department of Transportation v. Donald Smith, et al., Superior Court, Chatham County, North Carolina, on behalf of defendants re: valuation of condemned property. Prepared expert report and assisted in settlement.
North Carolina Department of Transportation v. Broadreach Investments, Superior Court, Wake County, North Carolina, on behalf of defendant re: valuation of condemned property. Provided expert report and assisted in settlement.
City of Raleigh v. NationsBank Trust, Superior Court, Wake County, North Carolina, on behalf of defendant re: valuation of condemned property; provided expert report and testimony.
Prestonwood Country Club, LLC. v. Town of Cary, North Carolina, on behalf of plaintiff re: case involving proposed taking of portion of golf course for roadway construction; prepared impact study, redevelopment plan, and cost to cure analysis that was used to settle the case.
Orange County v. Duke University, on behalf of defendant, regarding pre-compliant intervention of potential condemnation of Duke Forest, Blackwood Division for sanitary landfill; prepared expert reports for siting commission and assisted in establishing federal easements, relating to federally funded research on property, and preventing condemnation.
Construction Cases: State Court
Keith Conners v. Peter Bochenek and Associates, Inc., et al., Superior Court, Person County, NC, on behalf of defendant Jeff Oliver Construction Company regarding allegations of water intrusion into residential building; conducted investigation to determine causes of water intrusion; case settled.
Keith Wood v. J.S. Godfrey Custom Builders, LLC, et al., Superior Court, Forsyth County, NC on behalf of plaintiff regarding allegations of failure of on-site wastewater system; conducted investigation to determine cause of failure and prepare plan of corrective action; case settled.
Reiner Cruz v. NVR, Inc. and Ryan Homes, et al., Superior Court, Union County, NC, on behalf on defendants regarding allegation of failed wastewater system, and alleged errors and omissions against Soil Scientist; conduct investigation and prepare plans for renovation of system; case settled.
Kenneth McKenna v. NVR, Inc. and Ryan Homes, et al., Superior Court, Union County NC, on behalf on defendants regarding allegation of failed wastewater system, conduct investigation and prepare plans for renovation of system; case settled.
Austin View Villas Condominium Association, Inc. v. Mountain Air Development Corporation, et al., Superior Court, Yancey County, NC, on behalf of plaintiff regarding soil creep damage to condominium building and professional errors and omissions against Landscape Architect; conducted investigation and assisted in deposition of defendants; case settled.
The Weisgerber Group Inc. and Blue Sky Technology, Inc. v. Mitchell Environmental Consulting, PA, et al., Superior Court, Wake County, NC, on behalf of defendants regarding alleged professional errors and omissions against Soil Scientist; case settled.
Battery Park City Authority, Inc. v. Carr, Lynch, Hack & Sandell, Inc., Oehme van Sweden & Associates, Inc., and Ebasco, Inc. (subsidiary of Raytheon, Inc.), Supreme Court, Borough of Manhattan, New York, New York, on behalf of plaintiff re: allegations of damages from construction resulting in inadequate drainage and contaminated soils, failure to properly design, failure to properly supervise construction and professional errors and omissions against Architect and Landscape Architect; prepared expert report and exhibits, assisted in discovery, and assisted in deposition of defendants. Case settled.
Environmental Damage Cases: State Court
JLM Terminals, Inc. v. Southern Metals Recycling, Inc. and Metals USA Shapes and Plates Southeast, Inc., Superior Court, New Hanover County, North Carolina, on behalf of plaintiff re: allegations of damages from contamination of chemicals and hazardous materials discharged and flowed onto plaintiffs property, deposition from air due to explosion and fire, discharge to groundwater, and subsurface migration into soils. Prepared expert reports, proof of causation, breach of duty, negligent acts, coordinated other experts, prepared expert witness statements, and deposition testimony. Case settled.
Waid Investments, Inc. and Robert and Sonja Cox v. Marshall Oil Company, Superior Court, Wake County, North Carolina, on behalf of plaintiffs re: allegation of damages from soil and groundwater contamination of petroleum from leaking underground storage tanks on adjacent property. Prepared expert reports, proof of causation, exhibits, presented deposition testimony and court testimony. Case settled after testimony in court.
Flooding & Sediment Damage Cases: Federal Court
Henderson County Drainage District #3, et al., v. United States of America and Rock Island District of US Army Corps of Engineers, US Federal Court of Claims, Washington, DC; on behalf of defendants and responsible for soil and groundwater assessment, modeling, and impact evaluation of allegations regarding US Army Corps of Engineers Mississippi River Nine Foot Navigational Channel at Lock & Dam 18 and 22; involves allegation of damages to agricultural lands behind the levees at Henderson County Drainage District #3, IL and Marion County Drainage District, MO; provided expert testimony January 2004.
Cheyenne River Sioux Indian Tribe, et al., v. United States of America and Omaha District of US Army Corps of Engineers, US Federal Court of Claims, Washington, DC; on behalf of defendants and responsible for soil, geomorphology, and surface water flooding investigation and impact evaluation of allegations regarding US Army Corps of Engineers Oahe Reservoir in South Dakota; involved allegation of damages to properties of Cheyenne River Sioux Indian Reservation, Dewey County, SD.
Roy H. James and Summerfield Farms, Inc. v. United States of America and US Fish & Wildlife Service, United States Court of Federal Claims, Washington, DC; on behalf of defendants re: allegation of damages from inverse condemnation of land due to reduction in groundwater drainage adjacent to U. S. Fish & Wildlife Service's Pocosin Lakes National Wildlife Refuge; prepared expert reports and deposition testimony; case settled with acquisition of property.
Flooding & Sediment Damage Cases: State Court
The Board of Supervisors of Fairfax County, Virginia v. Governors Run, L.P. and Airston Group III, Inc., District Court, Fairfax County, Virginia, on behalf of defendant re: allegations of damages from off-site sedimentation, off-site stream channel erosion, construction of inadequate outfall, and submittal of inadequate plans, after construction of project. Prepared expert report, coordinated other experts, assisted in mediation, assisted in preparation of experts' statements, and assisted in affidavits for spoliation motion and evidentiary challenges.
Valentino, Patrick v. MacGregor Development, Inc., Superior Court, Wake County, North Carolina, on behalf of plaintiff re: allegation of sedimentation damage to lake. Prepared expert report and valuation of damages. Case settled with award to plaintiff.
Larry Davis, et al. v. City of Mebane, City of Graham, and W.M. Piatt & Company, Superior Court, Alamance County, North Carolina, on behalf of plaintiffs re: allegation of damage due to downstream flooding caused by municipal construction project. Assisted in expert report, deposition testimony, and prepared affidavits. Case was dismissed upon summary judgment and affirmed by North Carolina Court of Appeals.
Water Quality Compliance Cases: Administrative Hearing
Department of Environmental Quality, Commonwealth of Virginia v. S.I.L. Clean Water, L.L.C. and Sheaffer International, Ltd., Special Administrative Hearing, on behalf of defendant; prepared expert report and testimony regarding permit compliance of a large spray irrigation wastewater reuse system applied to agricultural crop production. Defendant obtained administrative relief.
McCale Development Corporation v. U.S. Army Corps of Engineers, Norfolk District, Administrative Appeal, on behalf of petitioner; prepared expert report dealing with DRAINMOD hydrological study of subsurface wetness conditions and delineation of waters and wetlands; in progress.
North Carolina Department of Environment, Health, and Natural Resources v. Evergreen Construction Company, Inc., North Carolina Administrative Court, on behalf of defendant re: alleged violations and fines for off-site sedimentation damages. Conducted investigation, prepared expert report, and presented court testimony. The court substantially reduced the fines.
Al Hashemi & ARH International v. North Carolina Department of Environment & Natural Resources, Division of Water Quality, North Carolina Administrative Hearing, on behalf of plaintiff; prepared expert report regarding technical classification of stream pursuant to Neuse River Basin Riparian Buffer regulations; Case settled.
Alliance for Legal Action, Inc.; Piedmont Quality of Life Coalition v. North Carolina Department of Environmental and Natural Resources, Division of Water Quality, North Carolina Administrative Hearing, on behalf of petitioner; prepared study of stormwater permits and stormwater compliance for Piedmont Triad International Airport and proposed airport expansion; provided deposition testimony.
Piney Mountain Homeowners Association v. North Carolina Department of Environment, Health and Natural Resources, Superior Court, Wake County, North Carolina, on behalf of plaintiffs re: allegations of improper permitting and inspection of wastewater system. Prepared expert report, valuation of damages, statement of alleged wrongful acts, and assisted in deposition of defendant's regulatory staff. Case settled upon award to plaintiffs.
Piney Mountain Homeowners Association v. Piney Mountain Partnership, Withers & Ravenel, P.A., North State Utilities, Inc. and EF-TEK Services, Inc., Superior Court, Orange County, North Carolina, on behalf of plaintiff re: damages resulting from alleged improper design, permitting, and construction of wastewater system. Conducted investigation, prepared expert report, and assisted in settlement agreement with award to plaintiff.
Public Health Compliance Cases: State Court
Dr. J.D. Robinette v. Alexander County Health Department and North Carolina Department of Environmental Health and Natural Resources, Superior Court, Alexander County, North Carolina, on behalf of plaintiff re: alleged damages resulting from termination of permits after filing of false documents by State and County regulatory agents. Conducted investigation, prepared expert report, and presented court testimony. Superior Court ordered substantial award to plaintiff, which was overturned by North Carolina Court of Appeals.
H&W Development, Inc. v. Durham County Health Department, Before Superior Court, Durham County, North Carolina, on behalf of plaintiff re: damages due to allegations of failure to permit wastewater facilities. Conducted investigation, prepared expert report, valuation of damages, deposition testimony, and presented court testimony. Case settled after court testimony for substantial award to plaintiff.
Environmental Impact Statement Cases: State Court
Richmond County, North Carolina v. State of North Carolina Low Level Radioactive Waste Disposal Authority and Chem-Nuclear Systems, Inc., Superior Court, Richmond County, North Carolina; on behalf of plaintiff re: allegations of improper siting and due process. Prepared expert report and presented court testimony.
Land Use Regulatory Cases: Local Government Quasi-judicial Hearings
Dial Call, Inc. v. City of Raleigh, North Carolina, Quasi-judicial hearing of City Council, on behalf of petitioner re: standards and facts in permitting of telecommunication tower adjacent to Umstead State Park. Prepared expert report and presented testimony, which resulted in permitting of facility.
Friendship Baptist Church v. City of Raleigh, North Carolina, Quasi-judicial hearing before City Council, on behalf of petitioner re: water quality permit for development project in water supply watershed. Provided expert report and presented court testimony.
Wells Management, Inc. v. Town of Carrboro, North Carolina, Quasi-judicial hearing before Town Board of Aldermen, on behalf of defendant involving water quality permit for development project in water supply watershed; I provided expert report, testimony, and preparation of standards for project compliance.
Phillip Szostak Associates v. Town of Carrboro, North Carolina, Quasi-judicial hearing before Town Board of Aldermen, on behalf of town re: water quality permit for development project in water supply watershed; I provided expert report, testimony, and preparation of standards for project compliance.
Amberly Associates v. Town of Carrboro, North Carolina, Quasi-judicial hearing before Town Board of Aldermen; on behalf of petitioner re: special use permit for development project wastewater system in water supply watershed; provided expert report and testimony.
Land Partition: State Court
W.B. Fowler v. Thomas M. Singleton, Superior Court of Clerk Hearing, Carteret County, on behalf of defendant re: land partition of complex coastal development property including areas of environmental concern. Conducted investigations, prepared expert report, and presented partition findings in court testimony.
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