Land Use Law Report

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Searched Library for year - 2007

Land Use Law Report, Number 12, December 2007

9th Circuit: 5th Amendment Does Not Necessarily Preempt Due Process Claims
Oregon Resort Proposal Fails To Pass Procedural, Substantive Safeguards
Zoning Board Cannot Order Road Paving Beyond Ordinance’s Reach
Indianapolis Pastor May Have RLUIPA Claim Against City’s Zoning Decisions
Challenges To Land Management Plan Must Address Actual Violations To Be Ripe
Special Pleading Rules Apply To Land Use Appeals In Federal Court
Director’s Non-Public Letter Does Not Constitute Project Approval

Land Use Law Report, Number 11, November 2007

Express Language Did Not Support County’s Ordinance Interpretation, Court Ruled
Zoning Board’s Arbitrary Rejection Prompts Finding Of Substantial Burden To Religion
Discriminatory Treatment May Create Substantial Burden Under RLUIPA
Local Sign Ordinance Prohibited Dealership’s Spotlight ‘Signs’
How Complainants Can Get Past A Time Limit On Objections To Conditional Use Permits
Beware Of Arbitration Clauses Not In The Deed, But In The Purchase And Sale Agreement
A City Will Have To Answer To The Courts If It Impedes Development After Already Approving The Permi

Land Use Law Report, Number 10, October 2007

No Timber Salvage After Burn In Reserve Area, Court Ruled
TN Telephone Utility Must Relocate Facilities At Its Own Cost Absent Pre-Arranged Reimbursement
NJ Court Upholds Highlands Act When Developer’s Timing Is Off
Facts Determine Timeliness Of Fraudulent-Representation Actions
Facts Determine Timeliness Of Fraudulent-Representation Actions
‘One Lot One Building’ Rule Does Not Violate Telecommunications Act
Why A Court Won’t Allow Drilling In South Shale Ridge
Don’t Ask About Off-Site Traffic Congestion In Connecticut

Land Use Law Report, Number 9, September 2007

While Local Governments May Adopt Standards For Planned Developments, Such Developments Must Retain
Board’s Decision Entitled To A Validity Presumption - No Unreasonably Adverse Impact Found
NEPA Won't Punish Agencies For Technical Oversights
In A Supplemental Environmental Impact Statement, A No-Action Alternative May Be The Same As The Pro
A Tax Law Amendment Resulting In Higher Tax Assessment Is Not A Violation Of Due Process
Developer Has No Protectable Property Rights In Permits Even If Approved; County Retains Discretiona
A City Could Not Override A State-Authorized Board, State Supreme Court Ruled

Land Use Law Report, Number 8, August 2007

NJ Court Reinforces Blight Rules For Eminent Domain Cases
Land Use Regulations Can’t Stand In The Way Of Wireless Service
Tense Political Rivalry Isn’t Enough To Prove A Political Discrimination Claim
Prove Ordinance’s Constitutionality With Relevant Secondary-Effects Studies
Landowners Can’t Use Equal Protection Laws To Force A Zoning Board’s OK

Land Use Law Report, Number 7, July 2007

Existing Land-Use Policies And Agency Attitudes May Trump CEQA Limitations
Land Commitments By Any Other Name — Even ‘Covenants’ — Are Still Only Commitm
Substantive Due-Process Claims Must Pass Shocks-The-Conscience Test
Municipalities Can Use Annexation To Battle Urban Sprawl
Cities Can Enforce Each Other’s Ordinances, Court Says

Land Use Law Report, Number 6, June 2007

Oregon Court Permits Action Against Forest Service’s Timber Sale
Zoning Law Changes Apply Retrospectively in Maryland
School for Troubled Youth Survives Motions to Dismiss
Ohio Court Holds that Proposed Landfill Site Is in Protected Watershed
Compliance With Pennsylvania Airport-Zoning Act is Mandatory
Meadowlands Has Affordable-Housing Obligation
Expanding Mine Could Affect Black River; Washington Court Denies Permit

Land Use Law Report, Number 5, May 2007

No Significant Impact Finding Nor Environmental Impact Statement Constituted A Clear Error of Judgme
QTA Applies Only to Title Disputes — Not Changes in Status of Land — Says Court
Federal Court Certifies Zoning Question to State Court
Court Says State Agency Officer Was Subject to NEPA Suit
Court Says More Stringent Rule May Not Be Most Specific
Tenth Circuit Dismisses Fair Housing Act Claim Because No Disparate Impact Shown
City Must Grant Variance in Absence of A Written Decision
In Absence of Final Decision or Pursuit of Inverse Condemnation Claim, Plaintiff’s Takings Cla
Court Upholds Sewer Line Permit Over Neighbor’s Appeal
Takings Claims Must First Be Filed in State Court

Land Use Law Report, Number 4, April 2007

Divided Panel Holds No Right to Jury Trial Where Parties Stipulated to Date of Taking Earlier Than T
City Employee’s Bad Acts Key to Plaintiff’s Equal Protection Victory
Chain Does not Constitute a Development Plan “Construction”
Telecommunications Act Preempts San Diego Ordinance
Court Characterizes LRMPs as “Road Maps,” Not Agency Actions
Court Abstains Only from Issuing Injunctive Relief in Takings Case
Corps’ Issuance of Shopping Center Permit Fully Complied with NEPA
Court Upholds Town’s Delay in Approving Subdivision Plan

Land Use Law Report, Number 3, March 2007

Eighth Circuit Confirms That State Remedy Exhaustion Is Prerequisite To Taking Claim In Federal Cour
Not All Condemnation Steps Require Due Process, Says New York Court
Pastor Needed Variance to Practice Religion in Commercial Zone
Required Stormwater Pipe Upgrade Not a Taking, Says Court
Federal Land Exchange Runs
Zoning Case Dismissed: Plaintiffs Failed to Exhaust State Law Remedies
Condemnee Must Choose Between Withdrawing Deposit and Challenging the Right to Take
City Ordinance Limiting Posting of Political Signage Violates Constitution
Zoning Ordinance Regulating Off-Site Adult Entertainment Was Narrowly Tailored

Land Use Law Report, Number 2, February 2007

California Court Reads Statute Literally to Determine Eminent Domain Expenses
City Lacked Authority to Condemn Land for Suburban Park
New Hampshire Bypass Project Passes NEPA Muster
Natural Gas Act Preempts County’s LNG Site Restrictions
Court Allows NEPA Segregation of Multi-Phase Project
Court Invalidates Woman’s Eleventh Hour Attempt to Intervene
Government’s Fiduciary Obligations in Leasing Tribal Land Includes Responsibility for Breach
Eighth Circuit Finds Rejection of Approval Resolution Not Subject to Same Procedures As Denial
FERC Order Restricts Application of State-Granted Eminent Domain Power
RICO Charges Deemed Too Little, Too Late
City Failed To Prove Outdoor Storage Unlawful Prior To Zoning Amendment
Agency Errs In Deeming Rectangular Lots “Irregular”

Land Use Law Report, Number 1, January 2007

No Easement Granted to Owner Landlocked by National Park
Federal Claims Court Dismisses Regulatory Takings Case
Article X of New York’s Public Service Law Governs Location of Electric Plants
Town’s Zoning Scheme Can’t Provide a Needed Classification Then Fail to Apply It
Railroad Right-of-Way Abandonment Requires Complete Divestiture of Property Interests
North Carolina Court Upholds Developer’s Conditional Use Permit
Rezoning for Educational Use Not Actual Rezoning, Says Mississippi Court
Mobile Home Cannot Be Classified As Non-Conforming Based On Subsequent Regulatory Change
Watershed Permit Survives CWA and NEPA Challenges
Court Grants Request to Re-Color Land Use Map
Younger Requires Stay of Federal Civil Rights Proceedings Related To Pending Zoning Appeal
Zoning Ordinances Aim to Eliminate Nonconforming Use of Land ASAP
Adjacent Landowners Possess Right to be Heard in Strip Mining Adjudication
Motive Has No Impact on Legislative Immunity Determination


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