Land Use Law Report

 
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October 2018 - Volume 46 Number 10, October 2018

Ordinances

Open Meeting Law Means Public At Least Gets To Listen In
Private Citizens' Suit To Enforce Landfill Ordinance Doesn't Affect Vital State Function
Noisy Airboats Can Be Nuisance Even When Rule-Abiding
Scenic View Ordinance Too Vague To Enforce
Tattoo Artist Challenged City's 'Unbridled Discretion' Under First Amendment
County Properly Used 'Surrogate Questions' To Interpret Ordinance

September 2018 - Volume 46 Number 9, September 2018

Historic Preservation

Historic Preservation: Last Bicentennial Mural May Be Saved As A 'Historic Property'
Despite Overwhelming Evidence Of Grave Desecration, Defendant Gets New Trial
Landowner May Recover Greater Loss Than Market Will Bear For Lost Trees
More Intensive Use Allowed Under 'Flexibility Of Design' Zoning Reg
Neighborhood's Generalized Grievances Weren't Enough To Challenge Cruise Ship
No Legal Right To Physical Entry Is Required To Show 'Injury In Fact'

August 2018 - Volume 46 Number 8, August 2018

Due Process

Approving Wind Turbines Does Not Make Federal Agency Liable For Bird Deaths
Building Bridge Through Park Was Reasonable Where Alternative Was More Harmful
Buyer Wins $230,000 Because Sellers Didn't Disclose Property's Wetlands Violations
Clean Water Review Of Highway Sections Was Not Improper "Segmentation"
Court Gives Go-Ahead To Demolish Historic Buildings Near Canadian Border
Elementary School Can Build Four-Acre Solar Energy Field

July 2018 - Volume 46 Number 7, July 2018

Eminent Domain

Amtrak Couldn't Challenge Condemnation 7 Years After It Knew Of Its Injury
City Owes $4.25 Million For Delayed Condemnations In Road Project
Pawn Shop Entitled To Variance Because Eminent Domain Uniquely Burdened Property
Judges Must Consider Zoning Change Likelihood In Eminent Domain Cases
Reservoir Commission With Private Member Could Not Condemn Property

June 2018 - Volume 46 Number 6, June 2018

Constitutional Amendments

5th Amendment Gives Lessors Compensable Interest In Real Property
7 Mistakes A Land Use Expert Witness Must Avoid
11th Amendment Protects States From Federal Takings Claims
City Cannot Bar Charter School From Commercial Zone
City Ordinance Limiting Posting of Political Signage Violates Constitution
Undesirable Land Use: Growing Weeds Is Not A First Amendment "Expressive Act"

May 2018 - Volume 46 Number 5, May 2018

Nuisance

Poor Wall Design Or Not, Architect Wasn't Liable For A Public Nuisance
Pop-Up Beer Garden In Residential District Can Stay---Even Without Use Permit
Wild Animals' Stench May Be Unpleasant, But It's Not A Public Nuisance
In Vermont, Ugly Is Still Not A 'Nuisance'
Living Restriction For Sex Offenders Is 'Zoning Law' Under RLUIPA
Cell Tower's 'Invasive' Lights Not A Nuisance, Caused No Physical Harm

April 2018 - Volume 46 Number 4, April 2018

Negligence

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