The issue on appeal before the Supreme Court in this case was the validity and interpretation of a roadway easement granted to meet a borough's subdivision plat-waiver requirements. The borough approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original easement. After the work was completed the owners sued the developer for trespass, alleging implicitly … [Read more...]

Appellants Richard Hehr and Greystone Villages, LLC (collectively "Greystone") appealed a district court's grant of summary judgment in favor of Respondent City of McCall. Greystone's claims arose out of its development agreement with McCall. Greystone alleged it deeded nine lots to McCall in lieu of paying the required community housing fee, which was later declared unconstitutional in a separate proceeding. Greystone brought inverse condemnation claims against McCall alleging that the … [Read more...]

The Federal Highway Administration and the Indiana Department of Transportation decided to complete an Indiana segment of I-69, which will eventually run from Canada to Mexico. Environmentalists opposed the route and sued under the Clean Water Act, 33 U.S.C. 1344, which authorizes the Army Corps of Engineers to issue permits for discharge of dredged or fill material into navigable waters of the United States. A permit will be denied if there is “a practicable alternative to the proposed … [Read more...]