Petitioner applied to the Town of Scituate building official for a building permit to build a single-family home on an unimproved lot. The building official denied the permit, citing numerous deficiencies with Petitioner's plans, including a lack of street frontage. Petitioner appealed the denial and, alternatively, applied for a dimensional variance. The town zoning board denied the appeal and the request for a dimensional variance. The superior court affirmed. The Supreme Court vacated the … [Read more...]

Plaintiffs owned property near but not on Sebago Lake. Defendants owned shorefront property on the lake. Through their deeds, Plaintiffs acquired an easement consisting of a right-of-way over lot 40A, a strip of land situated between Defendants' lots. In 2007, the lot was conveyed to Defendants. Before the conveyance, Plaintiffs obtained a permit for the construction of a dock extending from the lot to the lake. In 2010, the Town's code enforcement officer rescinded the permit and ordered the … [Read more...]

Shellie and Robert Symonds executed a lease agreement granting AT&T Mobility the right to use a portion of their property to build a wireless communication tower. The town planning board approved AT&T's application seeking approval for the project. William Horton and others appealed, and the town zoning board of appeals (ZBA) upheld the planning board's approval of AT&T's application. Horton appealed, arguing that the lease agreement created a new lot that did not meet the minimum … [Read more...]

In April 2010, the State Senate expressly rejected Duane Kanuha's nomination for a second term as a commissioner on the State Land Use Commission (LUC). Following the Senate's rejection, Kanuha continued to serve on the board and to participate in the LUC's consideration of a development project involving the reclassification of agricultural land for urban use. Sierra Club filed an action to disqualify Kanuha from serving on the LUC and to invalidate the actions Kanuha had taken with regard to … [Read more...]

This litigation arose from the City's recent efforts to complete its power system expansion plan first conceived in 1972 and re-affirmed in 2007. The City owns and operates Idaho Falls Power. Alliance sought declaratory and injunctive relief, arguing that the City lacked the power to condemn property outside its boundaries for the purpose of building electric transmission lines. The district court granted summary judgment in favor of Alliance, finding that Idaho law did not grant the City (or, … [Read more...]

The County of Kauai Planning Commission approved a subdivision application for a Trust's development of land in Koloa, Kauai. During the Commission's consideration of the application, the parties assumed that a historic road (Road) that the Trust needed to breach to provide access into the subdivision belonged to the County of Kauai. Plaintiff filed a civil complaint alleging several claims against Defendants, including breaches of the public trust. Plaintiff subsequently amended his complaint … [Read more...]