Appellants, several individuals, contended that a Robertson County passway was a private drive, and Appellees, Robertson County, the County Fiscal Court, and an individual (collectively, Fiscal Court), argued that the passway was a part of the formal county road system of the County. Appellant asked the Fiscal Court to acknowledge there had never been a formal adoption of the passway into the official county road system, but the Fiscal Court declined. Appellants subsequently filed a complaint in … [Read more...]

The issue on appeal to the Supreme Court centered on the question of how non-rental residential properties subject to housing-subsidy covenants should be valued for property-tax purposes. Taxpayers in two cases consolidated for the purposes of this opinion contended that the governing statute mandates an automatic reduction in valuation for properties subject to these covenants or, (what is effectively) equivalent, a mandatory tax exemption on a portion of the property's value. The towns in … [Read more...]

The issue before the Supreme Court in this case involved the validity of an amended rule from the Department of Ecology that reserved water from the Skagit River system for future year-round out-of-stream uses, despite the fact that in times of low stream flows these uses would impair established minimum in-stream flows necessary for fish, wildlife, recreation, navigation, scenic and aesthetic values. The Swinomish Indian Tribal Community (Tribe) sued, challenging the validity of Ecology's … [Read more...]

Petitioners appealed a 2012 trial court order that upheld the Town of Underhill's decision to reclassify a segment of Town Highway 26 from a Class 3 and Class 4 highway to a legal trail. Petitioners argued that: (1) the trial court should have appointed commissioners to make a report concerning the reclassification decision pursuant to 19 V.S.A. sections 740-743 rather than reviewing the reclassification decision on the record pursuant to Vermont Rule of Civil Procedure 75; (2) the court erred … [Read more...]

Deidre W. Lee and Samuel G. McKerall appealed the grant of summary judgment in favor of Town of Magnolia Springs Mayor Charles Houser and Town Councilman Robert C. Holk. The Town of Magnolia Springs and the Magnolia Springs Planning Commission (the remaining defendants in the underlying action), appealed a judgment entered on a jury award to Lee and McKerall. In 2005, Lee purchased 47 acres of property in Baldwin County. In 2006, she submitted an application for preliminary subdivision-plat … [Read more...]

The Nancy Lake State Recreation Area's ("the Park") governing regulations prohibit the use of motorized vehicles off of the Park's paved roads. However, the Park issues special use permits to owners of private property abutting the remote boundary of the Park that grant them the right to use all-terrain vehicles (ATVs) along the Butterfly Lake Trail to access their private property. The ATVs have damaged the Butterfly Lake Trail and the surrounding wetlands. SOP, Inc. sued to enjoin the Park … [Read more...]

Developer sought to build ninety-six condominiums, but as a condition of obtaining a permit to do so, City required Developer to set aside ten condominium units as below market rate housing and make a substantial payment to a city fund. Developer challenged these requirements but did so while proceeding with construction. At issue before the Supreme Court was whether Cal. Gov't Code 66020, which permits a developer to proceed with a project while also protesting the imposition of "fees, … [Read more...]