Land Use Law Report

 
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Land Use Law Report, Volume 45, Number 10, October 2017

Utilities & Contracts

Contract Made Utility Responsible For Underground Unknowns
Close Contract Reading Reveals That Utility Always Pays To Move Facilities To Accommodate New Railro
Dam Owner Can Close Dam If It Damn Well Pleases
TN Telephone Utility Must Relocate Facilities At Its Own Cost Absent Pre-Arranged Reimbursement

Land Use Law Report, Volume 45, Number 9, August 2017

Historic Preservation - University Buildings Subject To City Landmark Preservation Rule
Development - Under NY Statute, Development Rights Are Real Property Rights
Historic Preservation - Grammar Error Meant Town's Window Modification Denial Was Improper
Zoning - Pawn Shop Entitled To Variance Because Eminent Domain Uniquely Burdened Property

Land Use Law Report, Volume 45, Number 8, July 2017

Regulatory Takings - Supreme Court Sticks To Fact-Intense Test For Defining The Parcel At Issue
Inverse Condemnation - Taking A Business Property's Only Parking Option Was 'Substantial Destruc
Historic Preservation - No Demo Permit Needed To Partially Remove Building During 'Restoration'
Use Permit - In California: Challenge Permit Conditions Before You Begin Building

Land Use Law Report, Volume 45, Number 7, July 2017

Zoning - County Properly Used 'Surrogate Questions' To Interpret Ordinance
Zoning --- Use Permits - In Maryland City, Developers Must Obtain Both City & County Permits
Historic Preservation - Challenge To Historic Barn Reduction Showed No Real Harm
Zoning --- Use Permits - Expansion Limit Applies To Individual, Not Aggregate, Nonconforming Structu
Funding - Wield The Power Of A Great Grant Application For A Local Govt. Grantsman

Land Use Law Report, Volume 45, Number 6, June 2017

Government Immunity / Flooding: Immunity Protects City From Policy---Not Operational---Choice
Special Use Permit / Nuisance: Approved Sand Mine Project Could Be A Prospective Nuisance
Takings: Condemned Property's Value Is Determined Singly---Not As Combined With Other Properties
Zoning: Vacation Rentals Of 'Single Family Dwellings' Violate Zoning Ordinance
Environmental: The Future of Climate Change Litigation & Environmental Rules

Land Use Law Report, Volume 45, Number 5, May 2017

Nuisance --- Historical Preservation: Private Person Couldn't Acquire Ownership Of Public, Confede
Trespass: Fiber-Optic Cables Exceeded Electrical Line Easements' Scope
Zoning: Fraternity Not Protected As Nonconforming---or 'Grandfathered'---Use
Zoning: Tattoo Artist Challenged City's 'Unbridled Discretion' Under First Amendment

Land Use Law Report, Volume 45, Number 4, April 2017

Takings / Undesirable Land Use: Repetitive Complaint Precludes Federal Suit Challenging City's Nui
Zoning / Undesirable Land Use: Landfill Prohibition Use Was Retroactive, Thus Unconstitutional
Environmental: Generous Statute Of Limitations Applies To CERCLA-Type State Claims Only
Zoning: Zoning Board Can't Limit Alpaca Exception To Particular Owners

Land Use Law Report, Volume 45, Number 3, March 2017

Takings: No Taking When Govt. Dumps Debris Into Easement Sinkhole
Easements -- Energy: $8K Award Premature: It Was Based On Ambiguous Pipeline Easement
Nuisance: Wild Animals' Stench May Be Unpleasant, But It's Not A Public Nuisance
Environmental: Building Bridge Through Park Was Reasonable Where Alternative Was More Harmful

Land Use Law Report, Volume 45, Number 2, February 2017

Zoning: Calif. Preserves Open Space Where City's New General Plan Outweighs Older Version
Development: Freezing Land Use Laws Promotes Substantial Development, Maryland Court Affirms
Nuisance: In Vermont, Ugly Is Still Not A 'Nuisance'
Zoning / Historic Preservation: Zoning Board Had Authority To Interpret Ordinance, Approve Museum Ad

Land Use Law Report, Volume 45, Number 1, January 2017

Nuisance: Cell Tower's 'Invasive' Lights Not A Nuisance, Caused No Physical Harm
Undesirable Land Use: Ordinance's Use Of 'School' Encompasses More Than Instruction
Use Permits: Pop-Up Beer Garden In Residential District Can Stay---Even Without Use Permit
Easements / Energy: No Federal Jurisdiction When Easement, Not Federal License, Determines Outcome