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Westfield Centre Service, Inc. v. Cities Service Oil Co
Content Type: Brief

View this case and other resources at: Citation. 86 N.J. 453,432 A.2d 48, 1981 N.J. Brief Fact Summary. A franchisor of a gas station ended a lease with a franchisee in order to sell the property. Synopsis of Rule of Law. A franchisor who in good faith and for a bona fide reason terminates, cancels, or fails to renew a franchise for any reason other than the franchisee's substantial breach of its obligations has violated the law and is liable to the franchisee for the reasonable value of the business less the amount realizable on liquidation. ...

Local 1330, United Steel Workers of America v. United States Steel Corporation
Content Type: Brief

View this case and other resources at: Citation. 631 F.2d 1264, 1980 U.S. App. 105 L.R.R.M. 2312; 89 Lab. Cas. (CCH) P12,220. Brief Fact Summary. A steel plant closure led to the economic demise of a town. Synopsis of Rule of Law. A court cannot require a corporation to continue operations when its officers and board of directors has decided to discontinue on the basis of unprofitability. ...

Meinhard v. Salmon
Content Type: Brief

View this case and other resources at: Citation. 249 N.Y. 458, 164 N.E. 545 (1928) Brief Fact Summary. One partner in a joint venture took advantage of an opportunity that arose from the partnership without informing his partner. Synopsis of Rule of Law. Members of a partnership owed duty of loyalty to each other and so must disclose opportunities that arise in order for both to have an equal chance to take advantage of it. ...

United States v. Sioux Nations of Indians
Content Type: Brief

View this case and other resources at: Citation. 448 U.S. 371,100 S. Ct. 2716, 65 L. Ed. 2d 844,1980 U.S. Brief Fact Summary. Congress took away the land of the Sioux, which had previously been given to them in perpetuity. Synopsis of Rule of Law. The 1877 Act constituted a taking of tribal property, which had been set aside for the exclusive occupation of the Sioux by the Fort Laramie Treaty. That taking implied an obligation on the part of the government to provide just compensation to the Sioux Nation. ...

Poletown Neighborhood Council v. City of Detroit
Content Type: Brief

View this case and other resources at: Citation. 410 Mich. 616,304 N.W.2d 455, 1981 Mich.19 ERC (BNA) 1972. Brief Fact Summary. A city condemned private property in order to give it to a corporation so jobs would not be lost. Synopsis of Rule of Law. Condemnation for the public welfare cannot be forbidden, even if there is incidental private gain. ...

United States v. 564.54 Acres of Land, More or Less
Content Type: Brief

View this case and other resources at: Citation. 490 U.S. 1068;109 S. Ct. 2070;104 L. Ed. 2d 635;1989 U.S. Brief Fact Summary. The government condemned property on which a nonprofit summer camp was situated. Synopsis of Rule of Law. The fair market value, and not the replacement cost, will be used to determine just compensation for a taking of property, even when that property is used for the public good by a nonprofit organization. ...

Hawaii Housing Authority v. Midkiff
Content Type: Brief

View this case and other resources at: Citation. 467 U.S. 229, 104 S. Ct. 2321, 81 L. Ed. 2d 186,1984 U.S. Brief Fact Summary. The land in a state was owned only by a handful of people, so the state sought to redistribute ownership. Synopsis of Rule of Law. When the exercise of the eminent domain power is rationally related to a conceivable public purpose, the act of the state will be valid. ...

Almota Farmers Elevator & Warehouse v. United States
Content Type: Brief

View this case and other resources at: Citation. 409 U.S. 470, 93 S. Ct. 791, 35 L. Ed. 2d 1,1973 U.S. Brief Fact Summary. The government took private property that was on an unexpired lease, and a dispute arose on how much compensation should be given. Synopsis of Rule of Law. In determining just compensation, the owner is entitled to the fair market value of his property at the time of the taking, which is what a willing buyer would pay to a willing seller. ...

Dolan v. City of Tigard
Content Type: Brief

View this case and other resources at: Citation. 512 U.S. 374,114 S. Ct. 2309, 129 L. Ed. 2d 304,1994 U.S. Brief Fact Summary. A condition of a permit stated that the landowner had to convey property to the government. Synopsis of Rule of Law. When a city requires a landowner to convey some property to the city as a condition to obtaining a permit, there must be a rough proportionality between the burdens on the public that would result form granting the permit and the benefit to the public from the conveyance of land. ...

Miller v. Schoene
Content Type: Brief

View this case and other resources at: Citation. 276 U.S.272, 48 S.Ct.246,72 L.Ed. 568,1928 U.S. Brief Fact Summary. Cedar trees were about to infect an apple orchard with a disease, so the state ordered the trees destroyed. Synopsis of Rule of Law. The public interest outweighs the property interest of the individual, and the state may use its police power to preserve the public interest, even if that means property must be destroyed. ...