Land Use Law Report

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Searched Library for year - 2010

Land Use Law Report, Annual Index, February 2013

Land Use Law Report, Number 7, July 2010

Billboards: Billboard Ban Is Not Unlawful Commercial Speech Restriction
Fair Housing: Condo Ban Is Not Per Se Discrimination
Takings: Supreme Court Lets Florida Move Ocean Away From Private Property
Rights-of-Way: Unclear Easement Width Clogs Up City′s Access To Oregon Water
Zoning: Capping The Square Footage Of Commercial Development Requires A Zoning Amendment
Special Use Permit: Windmill Permit Is Not A Taking, Nuisance Or Trespass
Public Services Assessment Unnecessary When Landowner Provides The Services

Land Use Law Report, Number 6, June 2010

Preemption: Federal Flood Insurance Law Preempts State Challenges To FEMA Methods
Environmental: Federal Agency Can Consider State Environmental Studies Rather Than Conduct Its Own
Easement: Landowner Could Not Clarify Airport Easement Restrictions In Federal Court

Land Use Law Report, Number 5, May 2010

Taking: It May Be Bad Public Policy, But That Doesn’t Make It An Improper Taking
Subdivision Ordinance: Open Meeting Law Means Public At Least Gets To Listen In
Right of Way: Close Contract Reading Reveals That Utility Always Pays To Move Facilities To Accommod
Mineral Rights: Different Ownership Of Surface And Mineral Rights Complicates Appropriate Use
Zoning: Homeowners Prove Township Retaliated After Court Reversed Zoning Board Decision
Vested Rights: Builder Can’t Complete Sign When Sign Permit Was A Mistake
Zoning: No Federal Due Process Claim When Govt. Accepted Payment For, But Didn’t Issue, Licens

Land Use Law Report, Number 4, April 2010

Takings: Federal Inverse Condemnation Claims Against Rhode Island Are Moot
Environmental: Generic Injury Is Not Enough To Cry ’NEPA Violation’
Commerce: State’s Debris-Burning Statutes Don’t Violate The Dormant Commerce Clause
Historic Preservation: Court Dissolves Federal Bank’s Contract To Sell Historic Building
Zoning: Govt. Employee Interferences Egregious Enough To Shock Federal Judge
Environmental: Nationwide Permit Allowing Discharge Into Ditches Survives Facial Challenge
Insurance: Insufficient Property Description Costs Sewer District $731,835

Land Use Law Report, Number 3, March 2010

Zoning: No Discriminatory Zoning Claim If Property Not Actually Rezoned
Use Permit: Cell Tower Permit Denied To Prevent Blight On Farm Landscape
Easement: Easements Are Forever —Don’t Try To Change One Alone
Eminent Domain: Too Little Too Late For Nonresponsive Landowner
Environment: Once State Energy Authority Terminated Marina Project, NEPA Suit Was Moot
Use Permit: Compost Facility May Lose Use Permit Following Bribery
Zoning: Developer’s Voluntary Conservation Efforts Prevented Unfavorable Upzoning

Land Use Law Report, Number 2, February 2010

Federal Railroad Law Fails To Stop State Railroad Crossing Claim In Its Tracks
Zoning: Town Loses 1st Amendment Argument After Using Its Zoning Powers To Silence A Critic
Historic Preservation: National Or State Historic Status Sufficient To Trigger Local Preservation Or
Historic Preservation - Environment: Federal Court Can Dismantle State Transportation Department Pro
Environment: Continuing APA Violation Requires A Discrete Action Not Taken
Zoning: Policy To Indefinitely Withhold Permits Does Not Shock Conscience
Condemnation: In Private Condemnation, Court Can Consider Negative Impact On Neighbors

Land Use Law Report, Number 1, January 2010

Environmental: Clean Water Act Civil Penalties Intended To Deter Future Violations
Easement: No Partial Discharge Of Easement For Landowner
Environmental: California County Didn’t Need Environmental Assessment To Close Airport
Utility: Dam Owner Can Close Dam If It Damn Well Pleases
Zoning: Don’t Rely On Development Restrictions —They Could Change Without Your Consent
Zoning: Misunderstanding Zoning Rules Doesn’t Make An Equal Protection Case
Valuation: Courts Frown On Creative Valuation Techniques
Use Permit: City Blocks Nonconforming Use With Zoning Ordinance, Violates Religious Use Act