Land Use Law Report

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April 2018 - Volume 46 Number 4, April 2018


In Washington, Property Owners Owe No Duty Of Care To Protect Neighbor's Trees
Sewer Gas Nuisance Case Pared Down By Notice Requirement
Nuisance, Trespass & Negligence Claims Require Expert Opinion Regarding Contamination
Clean Air Act Does Not Preempt State Nuisance, Negligence Claims
Federal Flood Statute Doesn't Preempt Negligence Claims Against Flood Determiners

March 2018 - Volume 46 Number 3, March 2018

Federal Emergency Management Agency (FEMA) cases

FEMA Must Reimburse For Differing Conditions On Repair Project
Federal Flood Insurance Law Preempts State Challenges To FEMA Methods
FEMA's 'Phased Approach' To Historic Preservation Review Is OK
Comments On An EIS Must Timely State The Significance Of The Alleged Mistake
FEMA Withheld Project Approval, So County Withheld Payment

Land Use Law Report, Volume 46, Number 2, February 2018

Constitutionality & Sexually Oriented Businesses

Court Stifles Free Speech Claim Since County Provides Plenty Of Opportunities For SOBs
City Can Regulate Sex Shops To Control Secondary Effects Without Violating Free Speech
SOBs Contend Zoning Ordinances Put 1st Amendment Rights In Compromising Position
Prove Ordinance's Constitutionality With Relevant Secondary-Effects Studies

Land Use Law Report, Volume 46, Number 1, January 2018

Adverse Possession

Rural Maine Has High Bar For Adverse Possession
Constant Traffic Across Property Should Have Alerted Landowners Of Adverse Use
Railway Converted To Trail Cannot Be Adversely Possessed
Present 'Clear, Convincing' Facts To Prove Adverse Possession
Repudiation By Co-Tenant Can Be Established As A Matter Of Law