Subdivision developers Buckskin Properties, Inc. and Timberline Development, LLC (collectively Buckskin) brought suit against Valley County seeking recovery of monies paid to the County for road development, and declaratory relief from payment of any further monies. The district court granted summary judgment to the County and Buckskin appealed. Upon review, the Supreme Court concluded that a governing board may lawfully make a voluntary agreement with a land developer for the funding and … [Read more...]

The Clean Air Act New Source Review program forbids construction of new pollution sources without a permit, 42 U.S.C. 7475. Operators of major pollutant-emitting sources who plan construction must make a preconstruction projection of the increase in emissions following construction, to determine whether the project constitutes a “major modification,” requiring a permit. DTE planned on replacing 2,000 square feet of tubing, the economizer, and large sections of reheater piping; installing a new … [Read more...]

The League sought direct appellate review of two letters sent by the EPA to Senator Charles Grassley, arguing that these letters effectively set forth new regulatory requirements with respect to water treatment processes at municipally owned sewer systems. The League argued that the EPA lacked statutory authority to impose these regulations and violated the Administrative Procedures Act (APA), 5 U.S.C. 500 et seq., by implementing them without first proceeding through the notice and comment … [Read more...]

Appellants owned property in North Myrtle Beach bounded by water on the west and north. In early 2007, they applied to the Department of Health and Environmental Control ("DHEC") for a critical area permit to construct a replacement bulkhead. DHEC issued a Critical Area Permit to Appellants. The permit included a special condition: "Provided the proposed bulkhead is placed in the same location as the existing bulkhead." In response to a complaint, a DHEC Enforcement and Compliance Project … [Read more...]

Plaintiffs are motorists who use the Grand Island Bridge but, because they are not residents of Grand Island, did not qualify for the lowest toll rate. Plaintiffs sought a judgment declaring that the toll discount policies violated the dormant Commerce Clause as well as the constitutional right to travel that courts have located in the Privileges and Immunities and Equal Protection Clauses of the Fourteenth Amendment, both in violation of 42 U.S.C. 1983. On appeal, plaintiffs challenged the … [Read more...]

In 1908, the United States granted the railroad right-of-way to Pacific Railroad Company for railroad purposes. In 1976, the government conveyed 83.32 acres of land partially burdened by the right-of-way to Brandt’s parents, in fee simple, subject to the right-of-way. In 1987, WYCO acquired the railroad right-of-way and operated the rail line. In 1996, WYCO filed a Notice of Intent to Abandon Rail Service with the Surface Transportation Board. The STB approved abandonment in 2003, and, in 2004, … [Read more...]

Appellant submitted a proposal to the City of Pine Bluff Planning Commission requesting a Use Permitted on Review permit to utilize certain premises in Pine Bluff as a foster-care facility for displaced children. The Planning Commission and City Council denied Appellant's request. On appeal, the circuit court granted summary judgment for the City, concluding that, although Pine Bluff City Ordinance 29-37 conferred standing on Appellant to bring the action, the ordinance was in conflict with Ark. … [Read more...]

This action arose from the Department of Environmental Protection's (Department) issuance of a waterways license under Mass. Gen. Laws ch. 91 (chapter 91 license) to the Boston Redevelopment Authority (BRA) to redevelop a section of land owned by the BRA on the seaward end of Long Wharf (project site). Plaintiffs, ten residents of Boston's North End neighborhood, appealed the issuance of the chapter 91 license, claiming the Department acted unconstitutionally and beyond its statutory authority … [Read more...]

In a case consolidating the competing annexation petitions of Biloxi and D’Iberville, the chancellor ultimately awarded each city a reduced area from that requested, determining that it was unreasonable for either city to annex the entire area requested, and then determining that it was reasonable to award each city a smaller, reduced area. Both cities appeaedl this decision, and Biloxi raised jurisdictional issues for the first time on appeal. Because Biloxi raised personal jurisdiction on … [Read more...]

In 2007, Respondents John Karpinski, Clark County Natural Resources Council and Futurewise (challengers) filed a petition with the Growth Management Hearings Board alleging Clark County was not in compliance with the Growth Management Act (GMA). The Challengers specifically argued that under the Act's requirements, the various lands affected by a 2007 local zoning ordinance designated as agricultural land of long-term commercial significance (ALLTCS) could not be designated as an urban growth … [Read more...]

Greencore Pipeline Company filed an action seeking to condemn easements across property owned by Barlow Ranch for a pipeline to transport carbon dioxide. The parties reached an agreement on the terms of possession and scope of the easements but disputed the amount that would justly compensate Barlow for the partial taking of its property. During trial, Barlow presented evidence of prices paid for other comparable pipeline easements to show the air market value of Greencore's easement. The … [Read more...]

Plaintiff Nandean Sanders appealed a circuit court judgment in favor of Defendants E.I. Campbell, Averline Campbell and Jerry Lawrence. The parties owned adjoining properties in Dallas County. Sanders sought declarative and injunctive relief regarding a disputed strip of property that the the parties all claimed to own. Defendants counterclaimed to ask the court to establish a boundary line between Sanders and their property and to enjoin Sanders' "encroachment." Upon review of the circuit court … [Read more...]

Rohrer Towers is a housing facility for low-income elderly residents in Haddon Township, Camden County, New Jersey. Haddon leased Rohrer Towers to Housing Authority of the Township of Haddon, which entered into a housing assistance payments contract (HAP) with the U.S. Department of Housing and Urban Development (HUD) under the Housing Act of 1937, 88 Stat. 633, 662–66. Haddon sued in 2007 alleging that HUD breached the HAP Contract from 2001-2006 by requiring rent “comparability studies” to be … [Read more...]

Central Lakes College (CLC) formally petitioned the City of Brainerd to reconstruct a road. The City validated the petition and resolved to pay for a portion of the project with special assessments. Appellants, who owned property adjacent to the road, challenged the legality of the petition, arguing that because CLC was an instrumentality of the State, and the State cannot be bound by special assessments of its property, CLC was not an "owner" of property permitted to petition for an improvement … [Read more...]

In 2006, the Central Utah Water Conservancy District (District) filed an action to condemn six waterfront lots owned by Petitioner. When negotiations reached an impasse on the value of the lots, the District instituted the underlying condemnation proceeding. The jury returned a verdict for Petitioner in the amount of $56,000. Petitioner filed a motion for a new trial, which the district court denied. Petitioner filed an appeal less than thirty days after the entry of the district court's ruling … [Read more...]

This case stemmed from Greenpeace's public campaign to stop Shell from driling in the Arctic. Greenpeace appealed the district court's grant of Shell's motion for a preliminary injunction, which prohibited Greenpeace from coming within a specified distance of vessels involved in Shell's Arctic Outer Continental Shelf (OCS) exploration and from committing various unlawful and tortious acts against those vessels. The court affirmed the judgment, concluding that the action presented a justiciable … [Read more...]

A real estate developer (Developer), purchased property contained within a proposed sudivision. The County issued to Developer a total of fifty-two building permits, for which Developer paid a proffer fee of $12,000, which was $4,000 more than Developer expected to pay. In 2007, Developer filed an action asking the trial court to declare that the County could not lawfully assess the $4,000 fee. In 2011, after the fee had been paid on all fifty-two permits, the court found that the $4,000 fee was … [Read more...]

At issue in this case were two agreements: a ground lease agreement between ASC Utah, Inc. (ASCU) and Wolf Mountain Resorts, and a specifically planned area (SPA) development agreement, which had thirty-six signatories, including ASCU, Wolf Mountain, the D.A. Osguthorpe Family Partnership (Osguthorpe). ASCU and Wolf Mountain began litigating claims involving both the ground lease and the SPA agreement. Shortly thereafter, Osguthorpe sued ASCU and Wolf Mountain, alleging that each party had … [Read more...]

This appeal involved a declaratory judgment action challenging the constitutionality of a municipal ordinance creating an offstreet parking district adjoining a Cabela's store. Plaintiff, a resident of the City, filed a complaint against the City and its mayor and city council members, seeking a declaration of the unconstitutionality of the ordinance. The district court found the action was barred by the general four-year statute of limitations because it was commenced more than four years after … [Read more...]

In 2009, the City Council revoked a blanket special exception permitting two business establishments (the Establishments) operating in the City to operate as "entertainment establishments" serving alcoholic beverages for on-site consumption and denied their individual applications for special exceptions to continue such operations. The City later filed a complaint requesting that the Establishments be permanently enjoined from selling or serving alcohol or providing entertainment in their … [Read more...]

The Scarborough Zoning Board of Appeals (ZBA) granted a setback variance to property owners in the Higgins Beach neighborhood of Scarborough. The property abutted land owned by Summerwind Cottage, LLC. Peter and Libby Cassat owned the land directly across the street. The superior court affirmed the decision of the ZBA. Summerwind Cottage and the Cassats appealed, arguing that the superior court erred in relying on the Official Shoreland Zoning Map to conclude that the property was in the … [Read more...]

In 1999, a jury awarded monetary damages and equitable relief to homeowner Kenneth Barngrover. The damages were paid to the trial court's registry shortly after entry of judgment on the verdict, and the Court of Appeals affirmed the judgment in favor of Barngrover in 2001. In its 1999 judgment, the trial court ordered the City of Columbus to abate all nuisances created, maintained and in existence on Barngrover's property, and directed the City to restore the property to its undamaged condition. … [Read more...]

The Unified Government of Athens-Clarke County adopted a Stormwater Utility Ordinance in 2004. Pursuant to the Ordinance, a stormwater utility and stormwater enterprise fund took effect in 2005, and landowners were required to pay certain fees based on their estimated relative contribution to stormwater runoff problems. Despite Unified Government sending Homewood Village, LLC a quarterly stormwater utility bill, Homewood Village did not pay any of their bills since the inception of the program. … [Read more...]

The issue before the Supreme Court in this case involved the interplay between rulings and requirements relating to zoning in connection with a planned development and enforcement of restrictive covenants and deed restrictions applicable to property within the development. Plaintiff obtained municipal zoning approval to reconfigure the lot lines in her two-lot farmstead parcel within the Quechee Lakes subdivision, as well as to construct a dwelling on the second, yet-to-be-developed lot. The … [Read more...]

Lowell and Deborah Fuller, and Ronald and Sheila M. Turner, appealed a circuit court judgment which found that, although the Town of Magnolia Springs held no riparian rights in and to the Magnolia River, the Town was entitled to construct improvements on the shores of the River and extending into the River for a boat launch, a boat dock, and/or a pier to be used in connection with Rock Landing, a public landing on the River, and that Rock Street, a public street in the Town that adjoined the … [Read more...]

The owner (an Asian Indian) of 60-room hotel in a manufacturing district near a major highway in Oak Forest, a Chicago suburb, sued the city, charging racial discrimination in zoning (42 U.S.C. 1981, 1982) and that the zoning ordinance was unconstitutionally vague, based on the city’s refusal to allow it to sell the hotel for conversion to a retirement home to be owned by a church in which most of the membership is African-American. The city claimed that a retirement home would not be “highway … [Read more...]

The issue before the Supreme Court in this case concerned the adjudication of water rights in the Yakima River Basin. The parties brought various challenges to the conditional final order of the trial court determining their water rights. The Court of appeals transferred the case to the Supreme Court for direct appeal. Upon review, the Court reversed the trial court's decision concerning the quantification of irrigable land on the Yakama reservation, and reversed the trial court's determinations … [Read more...]

Plaintiffs brought suit pursuant to 42 U.S.C. 1983, alleging that defendants enforced two local ordinances in violation of the Eighth Amendment. On appeal, plaintiffs challenged the district court's order granting summary judgment to defendants. The court reversed the dismissal of plaintiffs' claims for retrospective relief because those claims were not barred by the Rooker-Feldman doctrine; the court reversed the dismissal of plaintiffs' claims for prospective relief because those claims have … [Read more...]

Appellant Catherine Lakey and twelve other homeowners owned property that bordered a parcel owned by Puget Sound Energy, Inc. (PSE) on which there was an electrical substation. The homeowners sued PSE and the City of Kirkland after PSE constructed a new substation on PSE property. The homeowners sought review of the trial court's decision to exclude testimony of their expert under the "Frye" rule, and the court's ultimate decision to grant summary judgment on behalf of PSE. Upon review, the … [Read more...]

In 2006, Exxon Mobil Corporation reported a leak of approximately 26,000 gallons of gasoline from the underground tanks at its fueling station in Jacksonville, Maryland. Hundreds of residents and business proprietors of Jacksonville (Appellees) subsequently filed suit against Exxon for damages stemming from the contamination of their water supply, other consequential effects, and alleged misrepresentations by Exxon. The jury awarded $496,210,570 in compensatory damages and $1,045,550,000 in … [Read more...]

The issue before the Supreme Court in this case arose from an administrative law court's (ALC) decision authorizing Respondent Kiawah Development Partners to construct a bulkhead and revetment on Captain Sam's Spit (the Spit) on Kiawah Island. In 1999, the Office of Coastal Resource Management (OCRM) established a baseline and building set back line twenty feet landward based on information that the Spit had accreted, and had not been subject to any significant, measurable erosion between 1959 … [Read more...]

Appellant owned 5,400 contiguous acres of mostly undeveloped farmland in Chouteu County. Appellant filed a claim seeking declaratory relief regarding whether the entire length of a road that ran through Appellant's property, Lippard Road, constituted a public roadway. The district court determined that the entire length of Lippard Road constituted a public roadway. The Supreme Court affirmed, holding (1) the district court properly viewed the record as a whole, pursuant to the principles of Reid … [Read more...]

The owner (an Asian Indian) of 60-room hotel in a manufacturing district near a major highway in Oak Forest, a Chicago suburb, sued the city, charging racial discrimination in zoning (42 U.S.C. 1981, 1982) and that the zoning ordinance was unconstitutionally vague, based on the city’s refusal to allow it to sell the hotel for conversion to a retirement home to be owned by a church in which most of the membership is African-American. The city claimed that a retirement home would not be “highway … [Read more...]

Plaintiff, seeking to offer services as a psychic and spiritual counsel in the County of Chesterfield, challenged the application of regulations enacted by the County affecting fortune tellers. The County regulated fortune tellers in four ways, one of which was applicable to all those operating a business in the County, with the others more specific to fortune tellers. The district court considered and rejected plaintiff's claims and plaintiff subsequently appealed. The court held that the First … [Read more...]

Petitioners Stephen Bartlett and others, appealed a superior court order that vacated a City of Manchester Zoning Board of Adjustment decision which granted intervenor Brookside Congregational Church a variance. Although petitioners asked the trial court to reverse the ZBA's decision, they appealed the court's order because it ruled that Brookside's proposed use and similar uses of its property were permitted as accessory uses under the Manchester Zoning Ordinance (ordinance) as a matter of … [Read more...]

This case involved the City's adoption of an ordinance that proscribed "soliciting" in certain areas of the City. At issue was whether the ordinance restricted the free speech of individuals who regularly beg in the areas at issue. The court held that plaintiffs had standing to bring this First Amendment suit and that the complaint was improperly dismissed at the pleadings stage. The court found that plaintiffs have asserted a claim that the City enacted a content-based regulation, which was not … [Read more...]

A building zone ordinance of the Town of Hemptead provided that in any use district, with the exception of two districts, check-cashing establishments were expressly prohibited. In a memorandum supporting the provision, the deputy town attorney discussed the perceived social evil of check-cashing services and that public policy was served by this use of the zoning power. Several check-cashing establishments brought this action seeking a declaratory judgment that the ordinance was invalid, and an … [Read more...]

Southern Crushed Concrete (SCC) filed a municipal permit application with the City of Houston to move a concrete-crushing facility to a new location. The Texas Commission on Environmental Quality (Commission) had previously issued a permit authorizing construction of the facility at the proposed location. The City, however, denied the permit because the concrete-crushing operations would violate a city ordinance's location restriction. SCC sued the City, arguing that the ordinance was preempted … [Read more...]

Plaintiffs, three manufacturers of certain pesticides at issue, commenced this action challenging the biological opinion (BiOp) issued by the Service. The BiOp, which the Service provided as part of the EPA's process of reregistering the pesticides at issue, concluded that these pesticides would jeopardize the viability of certain Pacific salmonids and their habitat and that the pesticides could not be reregistered and therefore used without substantial restriction. The court concluded that the … [Read more...]

The Nimers own land, zoned for residential use, where they operate a business that produces meat snacks. They began constructing buildings to expand the business to include butchering. They did not get zoning certificates. A state court enjoined the Nimers from putting the buildings to any use other than keeping and feeding animals, without the necessary zoning certificates. Several days after appealing the state court decision, the Nimers sued Litchfield Township in federal court under 42 … [Read more...]

Appellant City of Suwanee appealed a judgment in favor of Appellee Settles Bridge Farm, LLC in an inverse condemnation action. Following a bench trial, the trial court found that the City of Suwanee's enactment of an amendment to its zoning ordinance was an unconstitutional regulatory taking of a large parcel of land owned by Settles Bridge and awarded Settles Bridge more than $1.8 million in damages. The City appealed, contending, inter alia, that the case was unripe for judicial review due to … [Read more...]

McGuire leased farmland in Arizona from the Colorado River Indian Tribes with approval of the Bureau of Indian Affairs. After the BIA removed a bridge that he used to access portions of the leased property, McGuire filed a Fifth Amendment claim. McGuire does not claim that removal of the bridge was itself a taking, but rather that the BIA’s alleged refusal to authorize replacement of the bridge was a taking of his property rights. The Court of Federal Claims rejected the claim. The Federal … [Read more...]

Good News appealed from the district court's determination on remand from the Ninth Circuit that the Town's ordinance restricting the size, duration, and location of temporary directional signs did not discriminate between different forms of noncommercial speech in an unconstitutional manner. In Reed v. Town of Gilbert, the court held that the ordinance was not a content-based regulation and was a reasonable time, place, and manner restriction. Accepting the court's opinion in Reed as law of the … [Read more...]

This case stemmed from the closure of the Franklin Shelter, an overnight facility for homeless men in downtown Washington D.C. On appeal, plaintiffs alleged that the closure violated federal and D.C. antidiscrimination statutes. The court affirmed the district court's dismissal on res judicata grounds because plaintiffs could have raised these claims in two prior Superior Court cases. Sheptock v. Fenty … [Read more...]

The Arkansas Department of Community Correction (DCC) owned a prison complex in Jefferson County that was part of several tracts of state land annexed to the City of Pine Bluff in 1999. The property was automatically zoned as residential. In 2011, DCC, with the approval of the Board of Correction, decided to use three existing buildings on its property to house persons who had been granted parole. The City objected to DCC's adding transitional housing to its prison complex. The circuit court … [Read more...]

Plaintiff Roger Schanzenbach owned several properties in the town of LaBarge on which he intended to install mobile manufactured homes. He applied for permits with town authorities. The town council initially granted him a building permit for one property but revoked it about two weeks later and then enacted an ordinance that included a provision banning the installation of any manufactured home older than 10 years at the time of the relevant permit application (the 10-Year Rule). Both of … [Read more...]

Appellant Association of Guineans in Atlanta, Inc. applied to the DeKalb County Board of Commissioners (BOC) for a special land use permit (SLUP) for a single-family house located in a residential area of DeKalb County and zoned as a single-family residence. In its permit application, appellant stated an intent to use the property as a "place of worship and family life center." The BOC denied appellant's application and appellant appealed to the superior court seeking a declaratory judgment, an … [Read more...]

Appellant Camas County appealed an injunction granted by the district court against the enforcement of Camas County Ordinances 150 and 153, and Resolutions 96 and 103 (2007 zoning amendments). Plaintiff-Respondent George Martin opposed the zoning amendments at a public hearing of the Camas County Board of Commissioners. In late 2008 while this case was still being adjudicated, Martin filed a complaint for declaratory judgment against 2008 zoning amendments. Camas County removed the case to the … [Read more...]

In 2003, the Legislature passed the Red Rock Canyon Conservation Area and Adjacent Lands Act (Act), which adopted amendments to Nevada law that prohibited Clark County from rezoning land in certain areas adjacent to Red Rock Canyon National Conservation Area, including 2,500 acres owned by Gypsum Resources, LLC (Gypsum). Gypsum subsequently filed suit against the Attorney General in federal district court, asking the court to enjoin the State from enforcing the Act and claiming that the Act … [Read more...]

The City brought an eminent domain action to acquire a forty-foot-wide strip of real property from Respondent. Respondent's predecessor-in-interest originally acquired title to this property through a federal land patent that reserved a thirty-three-foot-wide easement across the strip of property for "roadway and public utilities purposes." The City asserted that it sought to utilize its existing rights to the thirty-three-foot right-of-way under the federal land patent's easement and to attain, … [Read more...]

Interstate requested approval for nine outdoor advertising signs along U.S. Interstate-295, a major transportation corridor. The township then adopted an ordinance prohibiting billboards. The district court dismissed a constitutional challenge. The Third Circuit affirmed. A reasonable fact-finder could not conclude that there was an insufficient basis for the township’s conclusion that its billboard ban would directly advance its stated goal of improving the aesthetics of the community. The fact … [Read more...]

Plaintiffs contended that the BLM violated the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1701 et seq., and its own regulations, 43 C.F.R. 3809 et seq., by permitting Denison to restart mining operations at the Arizona 1 Mine in 2009, after a 17-year hiatus, under a plan of operations that BLM approved in 1988. The court concluded that the prior panel did not intend that its brief affirmation of a preliminary … [Read more...]

In 2004, the Berkeley County Water District and Sewer District filed requests with the Public Service Commission (PSC) to charge capacity improvement fees (CIFs) due to rapid population growth in the county. The PSC approved the requested CIFs. Petitioners subsequently filed a declaratory judgment action in the circuit court, seeking relief from paying the CIFs. The circuit court found that the PSC lacked jurisdiction to establish the CIFs. However, the Supreme Court found Petitioners had failed … [Read more...]

Respondent William Rines appealed a superior court order that enjoined him from excavating on his property until he obtained a local use variance from Petitioner Town of Carroll. Ultimately, the trial court concluded that respondent's excavation was exempt from the permitting requirements, the Town's zoning ordinance required the variance before respondent began excavating, and that state law did not preempt the local zoning ordinance. Upon review, the Supreme Court affirmed the trial court's … [Read more...]

Lake Holiday, a private community, is governed by the Association, which enacted restrictive covenants, rules, and regulations, including rules that concern speed limits, impose fines, provide for enforcement of rules by private security officers, and require residents to provide security officers with identification when requested to do so. Plaintiff owns property in the development and was driving within the development, when a private security officer measured plaintiff’s speed, pulled … [Read more...]

The zoning board of appeals of the town of Madison (board) approved a variance to replace Plaintiffs' house on the footprint of the prior structure. After Plaintiffs built a new house on the property, Plaintiffs submitted an application for a certificate of zoning compliance seeking approval to convert their present balcony into a large, uncovered deck. The proposed deck would fully comply with the zoning regulations but arguably would not comply with the previously approved variance. The zoning … [Read more...]

Bethel brought this action asserting that the County's zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc et seq., the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. The court concluded that the County had presented no evidence that its interest in preserving the integrity of the rural … [Read more...]

First Korean Church alleged that the township violated its First Amendment right to religious freedom, its Fourteenth Amendment right to equal protection, and its rights under the Religious Land Use and Institutionalized Persons Act of 2000 by preventing First Korean from using its property as a church and seminary. The district court granted summary judgment in favor of the township. The Third Circuit affirmed. First Korean Church of NY, Inc. v. Cheltenham Twp. Zoning Hearing Bd. … [Read more...]

In a direct appeal to the Supreme Court, Appellant Dunes West Golf Club, LLC, challenged the trial court's grant of summary judgment in favor of Respondent Town of Mount Pleasant. In 2006, the Town of Mount Pleasant amended its zoning ordinance to create the Conservation Recreation Open Space zoning district, which imposed land-use restrictions on all golf course properties in Mount Pleasant, permitting only recreation and conservation uses. Appellant desired to carve out residential lots on its … [Read more...]

First Korean Church alleged that the township violated its First Amendment right to religious freedom, its Fourteenth Amendment right to equal protection, and its rights under the Religious Land Use and Institutionalized Persons Act of 2000 by preventing First Korean from using its property as a church and seminary. The district court granted summary judgment in favor of the township. The Third Circuit affirmed. First Korean Church of NY, Inc. v. Cheltenham Twp. Zoning Hearing Bd. … [Read more...]

Several environmental groups challenged decisions made by the Bureau of Land Management (BLM) and the Interior Board of Land Appeals (IBLA) regarding the legality of thirty-nine oil and gas leases in Southern Utah, owned by Kirkwood Oil and Gas, LLC and William C. Kirkwood. In the 1980s, Kirkwood applied to have its oil and gas leases converted to combined hydrocarbon leases, which would allow Kirkwood to extract oil from tar sands. At the time, BLM never accepted or rejected Kirkwood's … [Read more...]

This appeal stemmed from litigation involving developer Stowe Highlands and its Resort Planned Unit Development (PUD) in the Town of Stowe. The Stowe Development Review Board (DRB) denied Stowe Highlands' application to amend the PUD by subdividing and then merging certain lots, including one designated for a hotel. The DRB concluded that the amendment amounted to a change in the permit conditions and that such amendment was not warranted because Stowe Highlands had not demonstrated an … [Read more...]

Roundstone Development, LLC, sought to develop an affordable-housing subdivision in the City of Natchez. The land which it sought to develop had two different zoning classifications: O-L (Open-Land) and R-1 (Single-Family Residential). The City’s Planning Commission denied Roundstone's site plan, finding that the O-L area must be rezoned R-1 before the development could be approved. The Mayor and Board of Alderman then denied Roundstone's rezoning request. The Circuit Court of Adams County and … [Read more...]

An LLC filed an application for a comprehensive permit with the zoning board of appeals to build five three-story buildings with 150 rental apartments. The board denied the application. On appeal, the Housing Appeals Committee (HAC) vacated the board's decision and directed the board to issue a comprehensive permit. The superior court affirmed. The Supreme Court affirmed, holding (1) the HAC did not err in calculating the regional need for low and moderate income housing; (2) substantial … [Read more...]

Indian Harbor sought reimbursement under the National Defense Authorization Act of 1993, 106 Stat. 2315, 2371; 107 Stat. 1547, 1745 for environmental cleanup costs associated with the development of the former Marine Corps Air Station Tustin military base in southern California. The Court of Federal Claims determined that Indian Harbor failed to identify a “claim for personal injury or property” that triggered the government’s duty to indemnify and dismissed. The Federal Circuit reversed, … [Read more...]

In 1987, Waterfront purchased 5.3 acres in Philadelphia’s Central Riverfront District, zoned G-2 industrial. In exchange for rezoning to C-4 commercial, for a mixed-use, high-rise project, Waterfront agreed to restrictive covenants. When financing became possible in 2005, Waterfront obtained a permit for demolishing existing structures and constructing a 28-story apartment tower and entered into a financing agreement with a construction start date of February 2006. Waterfront had to postpone … [Read more...]

In a direct appeal to the Supreme Court, Appellant Dunes West Golf Club, LLC, challenged the trial court's grant of summary judgment in favor of Respondent Town of Mount Pleasant. In 2006, the Town of Mount Pleasant amended its zoning ordinance to create the Conservation Recreation Open Space zoning district, which imposed land-use restrictions on all golf course properties in Mount Pleasant, permitting only recreation and conservation uses. Appellant desired to carve out residential lots on its … [Read more...]

In 1968, Lost Tree entered an option to purchase approximately 2,750 acres on Florida’s coast, near Vero Beach, encompassing a barrier island, bisected by the A-1-A Highway, and stretching west to islands on the Indian River. Lost Tree purchased substantially all of the land, including the 4.99-acre “Plat 57” on John’s Island. Through the mid-1990s, Lost Tree developed approximately 1,300 acres into the gated residential community, John’s Island, which includes golf courses, a beach club, a … [Read more...]

The issue on appeal in this case concerned WildEarth Guardians’ challenge to the National Park Service’s (NPS) elk and vegetation management plan for Rocky Mountain National Park. WildEarth filed suit in federal district court challenging the plan and the final environmental impact statement the NPS prepared in conjunction with the plan. WildEarth contended the NPS violated the National Environmental Policy Act (NEPA) by failing to include the reintroduction of a naturally reproducing wolf … [Read more...]

Indian Harbor sought reimbursement under the National Defense Authorization Act of 1993, 106 Stat. 2315, 2371; 107 Stat. 1547, 1745 for environmental cleanup costs associated with the development of the former Marine Corps Air Station Tustin military base in southern California. The Court of Federal Claims determined that Indian Harbor failed to identify a “claim for personal injury or property” that triggered the government’s duty to indemnify and dismissed. The Federal Circuit reversed, … [Read more...]

Plaintiffs challenged the Forest Service's decision adopting the modified Idaho Roadless Rule. The court affirmed the district court's grant of summary judgment in favor of defendants and adopted the district court's comprehensive judgment in Appeal No. 11-35269. The district court found that the Forest Service did not violate the Endangered Species Act, 16 U.S.C. 1531 et seq., in preparing the Biological Opinion and that the Forest Service did not violate the National Environmental Policy Act, … [Read more...]

Plaintiffs commenced a lawsuit against several power companies alleging that the Colstrip power facility, which bordered land owned by Plaintiffs, contaminated groundwater under their property. The parties proceeded with mediation after three years of litigation. The mediation ended with the transmission of a memorandum of understanding (MOU) to the parties' counsel. After some of Plaintiffs expressed reservations about accepting the settlement, the power companies filed a motion to enforce the … [Read more...]

Petitioner, a developer, helped construct a planned development (the "community"). The community HOA sued the developers, sellers, and builders of the development, including Petitioner, on behalf of the individual homeowners, alleging construction-defect-based claims for breach of implied and express warranties and negligence. Thereafter, the community HOA filed a motion for the district court to determine that its claims satisfied the class action requirements of Nev. R. Civ. P. 23. The … [Read more...]

Whether a land-use agency can be held liable for a taking when it refused to issue a land-use permit on the sole basis that the permit applicant did not accede to a permit condition that, if applied, would violate the essential nexus and rough proportionality tests set out in Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994) (2) whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a … [Read more...]

At issue in this appeal was the EPA's Environmental Appeals Board (EAB) properly upheld two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels. The petition for review challenged two aspects of the permits: (1) the determination that supported vessels, unlike the drillship itself, did not require the best available control technology (BACT) to control emissions; and (2) the exemption of the area within a … [Read more...]

The government alleged, under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601, that API and seven other companies caused $1 billion in PCB contamination in the Fox River near Green Bay, Wisconsin, and hired a consultant to prepare reports on the companies’ percentages of responsibility. API unsuccessfully sought discovery of these reports by challenging a consent decree between the government and another company, then filed a Freedom of Information Act … [Read more...]

In case no. 1110439, the Town of Gurley ("the Town") appealed the trial court's judgment in favor of M & N Materials, Inc. ("M & N"), on M & N's inverse-condemnation claim against the Town. In case no. 1110507, M & N cross-appealed the trial court's judgment in favor of the Town and Stan Simpson on other claims. Based on the Supreme Court's review of the matter, the Court found that the applicable statute upon which M&N maintained did not support its claim of a regulatory … [Read more...]

Plaintiff owned a home on Grassy Pond Road in Hopkinton, Rhode Island. The Hopkinton Planning Board granted a developer's application to develop a residential subdivision on a tract adjacent to Plaintiff's land on the condition that Grassy Pond Road be reconfigured and reconstructed. The reconstruction required a permit from the Rhode Island Department of Environmental Management (DEM), which was issued. Plaintiff attempted to appeal the issuance of the permit. In the meantime, the developer … [Read more...]

Ida-Therm, LLC appealed the grant of summary judgment in favor of Bedrock Geothermal, LLC, which held that a reservation of "all the oil, gas, and minerals, in, on, or under the surface of [deeded] lands," in a 1946 warranty deed included the geothermal resources underlying the property. The district court determined that the Deed's mineral reservation severed the mineral estate from the surface estate, and that geothermal resources were included in the scope of the mineral estate. Because the … [Read more...]

C&J, LLC owned 2.04 acres of property. The northern portion was zoned for commercial use, and the southern portion was zoned for a single-family residence. C&J filed an application requesting approval to develop the single-family residential zone. The Teton County Board of Commissioners approved C&J's final development plan application allowing C&J to construct five residential units and one affordable housing unit in the single-family residential zone. It also allowed commercial … [Read more...]

Kootenai County (the County) and Panhandle Health District No. 1 (the District) filed an action against Peggy Harriman-Sayler and Terry Sayler, seeking injunctive relief to prevent the Saylers from operating a recreational vehicle (RV) park without a conditional use permit, from occupying or using a building without a certificate of occupancy, and from operating a subsurface sewage system without a permit. The district court granted summary judgment in favor of the County and the District. The … [Read more...]

Anne Bates Gibbons appealed a circuit court's grant of summary judgment in favor of the Town of Vincent ("the Town"), the town's planning commission, and White Rock Quarries, LLC ("White Rock") (collectively, "appellees"). This matter stemmed from a zoning change impacting 86 acres of undeveloped land owned by White Rock that were annexed into the Town. Gibbons's complaint challenged the Town's rezoning of the land based on a rezoning application submitted by White Rock and its annexation of the … [Read more...]

Enviro-Chem conducted waste-handling and disposal operations at three sites north of Zionsville, Indiana, until it ceased operations in 1982, leaving considerable amounts of pollutants. The U.S. Environmental Protection Agency undertook cleanup and identified potentially responsible parties (PRPs), including former owners, their corporate entities, and their insurers. A trust was established to fund cleanup and trustees sued to recover cleanup costs under the Comprehensive Environmental … [Read more...]

Roundup Heights, a subdivision in Laramie County, was located within one mile of the City of Cheyenne. The owners of certain lots applied for County approval of a partial vacation of the subdivision plat. The County granted the partial vacation without City approval despite the City's contention that the partial vacation required joint approval by both the City and the County. The City filed suit, seeking declaratory judgment that joint City and County approval was required for partial vacation … [Read more...]

A property owner sought a driveway permit from the State Department of Transportation (DOT) to connect its proposed subdivision's system of roads to a state road by which the property was accessed. Two railroad companies opposed the permit, claiming that the rail traffic at a nearby crossing, located approximately one-quarter of a mile away from the proposed driveway connection, might pose a safety hazard to future residents. Consequently, a DOT engineer denied the permit. On appeal, a DOT … [Read more...]

Petitioner, an LLC, sought an exception from the Charles County Zoning Regulation to build an office building, gun range, and driving track on a parcel of land in a rural community in the County. The property was subject to zoning restrictions prohibiting such activity except as authorized through a special exception. In deciding Petitioner's application, the Board conducted one trip to the property in question. The Board allowed representatives from the LLC as well as two citizens to attend but … [Read more...]

The case involved two permitting actions for a wind energy project in the mountains of Converse County. Objectors included the Northern Laramie Range Alliance (NLRA) and Northern Laramie Range Foundation (NLRF). In the first case (Case 1), Objectors challenged the district court's affirmance of the County Board of County Commissioners (Board) decision to grant Wasatch Wind Intermountain, LLC's (Wasatch) application for a Wind Energy Conversion System Permit (WECS permit). They also challenged … [Read more...]

The Department of Environment and Natural Resources (DENR) approved plans and specifications for the Brant Lake Sanitary District's wastewater treatment facility in 2012. The Brant Lake facility plans proposed to join and expand the Chester Sanitary District's existing wastewater disposal system. The plans included the construction of an additional treatment lagoon to tie into Chester's existing two-cell lagoon system. The plans also included the construction of additional piping to transport … [Read more...]

Appellants Charles and Agnes Messina, and Lehigh Asphalt Paving and Construction Company appealed the Commonwealth Court's affirmation of the order of the Carbon County Court of Common Pleas, which held appellants' challenge to East Penn Township Zoning Ordinance No. 1996-94 was time-barred. Charles and Agnes Messina own 114.4 acres in East Penn Township where they reside in a single-family residence. Lehigh Asphalt Paving and Construction Company is the equitable owner of the property pursuant … [Read more...]

A steel fabrication company deposited solid waste on a landowner's property, after which the landowner (Plaintiff) filed a complaint seeking damages against multiple parties (Defendants) and on multiple grounds, including a claim for an environmental legal action (ELA). Plaintiff filed a motion for summary judgment on his environmental legal action claim and sought to impose corporate liability on Defendants. Defendants filed cross motions for summary judgment on all of Plaintiff's claims, … [Read more...]

When a complaint has been filed that contests the county auditor's valuation of a particular parcel, as it was in this case, and when that complaint asks for a value increase or reduction of $17,500 or more, Ohio Rev. Code 5715.19(B) requires that the auditor give notice of the complaint within thirty days of the last day for filing valuation complaints. At issue in this appeal was whether that notification is a prerequisite to the exercise of jurisdiction by the board of revision, and if so, … [Read more...]

The Housing Authority of the Birmingham District ("HABD") appealed the judgment entered by the Jefferson Circuit Court which awarded Logan Properties, Inc., $350,000 on its inverse condemnation claim against HABD, as well as an additional $100,000 for litigation expenses, and awarding the intervening plaintiff Alamerica Bank $10,000 for litigation expenses. Logan Properties is a real-estate and property-management company that purchases, renovates, rents, and maintains single-family and … [Read more...]

Helena Sand and Gravel, Inc. (HSG) challenged Lewis and Clark County's decision to adopt a citizen-initiated proposal to configure a zoning district that favored residential uses and prohibited mining. The district court entered summary judgment in favor of the County, concluding that the County had properly adopted the zoning pattern and regulations creating the district, and the County's zoning decision did not constitute a taking of HSG's property. The Supreme Court affirmed in part and … [Read more...]

Arkansas Game and Fish Commission owns and manages the Donaldson Black River Wildlife Management Area, 23,000 acres with multiple hardwood species and used for recreation and hunting. In 1948, the U.S. Army Corps of Engineers constructed Clearwater Dam upstream from the Area and adopted the Water Control Manual, setting seasonally varying rates for release of water from the Dam. From 1993-2000, the Corps, at the request of farmers, authorized deviations from the Manual that extended flooding … [Read more...]

Plaintiff owns three tracts, zoned agricultural, and challenged a 2009 amendment to the Winnebago County zoning ordinance that makes it easier to obtain permission to build a wind farm. She claimed that a wind farm on adjacent land would deprive the property “of the full extent of the kinetic energy of the wind and air as it enters the property, subjecting it to shadow flicker and reduction of light, severe noise, possible ice throw and blade throws, interference with radar, cell phone, GPS, … [Read more...]

This case stemmed from a dispute related to the purchase of a lot in the Bahamas. The court held that the district court erred when it determined that the appraisal fraud claims were within the scope of the lot purchase contract's forum-selection clause. The court also held that the district court erred in applying equitable estoppel to allow the nonsignatories to the lot purchase contract to invoke the lot purchase contract's Bahamian forum-selection clause. Accordingly, the court reversed the … [Read more...]

Helena Sand and Gravel, Inc. (HSG) challenged Lewis and Clark County's decision to adopt a citizen-initiated proposal to configure a zoning district that favored residential uses and prohibited mining. The district court entered summary judgment in favor of the County, concluding that the County had properly adopted the zoning pattern and regulations creating the district, and the County's zoning decision did not constitute a taking of HSG's property. The Supreme Court affirmed in part and … [Read more...]

This case involved the contest of several detachments and annexations of land from the city of Rockport to the city of Malvern. Rockpot contested the annexations. The circuit court granted Malvern's motion to dismiss, finding that the properties were contiguous and that Malvern had substantially complied with Ark. Code Ann. 14-40-2002. The Supreme Court affirmed the grant of Malvern's motion to dismiss, holding (1) the circuit court did not err in its interpretation of section 14-40-2002; (2) … [Read more...]

Alyeska Pipeline Service Company (Alyeska), the agent for the owners of the Trans Alaska Pipeline System (TAPS), leases the TAPS right-of-way from the Alaska Department of Natural Resources (Department). Alyeska appealed the Department's 2002 appraisal of the TAPS lease price to Michael Menge, the Commissioner of the Department, and then to the superior court. Both affirmed the Department's appraisal. Alyeska appealed to the Supreme Court, arguing: (1) the Department misinterpreted AS … [Read more...]

This case involved legal challenges to recent federal management actions taken in New England's sensitive Multispecies Groundfish Fishery (Fishery). The challenges centered on the promulgation of a new groundfish Fishery Management Plan (FMP), Amendment Sixteen, which altered and expanded the Fishery's preexisting "sector allocation program" and established new restrictions on fishing activities to end and prevent overfishing. Plaintiffs filed suit in federal court alleging that Amendment … [Read more...]