Land Use Law Report

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Searched Library for year - 2015

Land Use Law Report, Volume 43, Number 12, December 2015

Special Permits: Drug Treatment Center Could Not Operate As Functional Equivalent Of A Family
Environmental: Mitigation Bank Lacked Standing To Challenge Award Of Credits To Another Bank
Discrimination -- Injunctive Relief: Appeal, Not Suit, Was Correct Response To Retaliatory Stop-Orde
Undesirable Land Use: Neighbor Had De Facto-Party Standing To Challenge Solar Panel Installation

Land Use Law Report, Volume 43, Number 11, November 2015

Undesirable Land Use: Growing Weeds Is Not A First Amendment 'Expressive Act'
Zoning: Landowner Must Pay $344K Permit Fine Under Retroactive Statute
Takings: Takings Claim Unripe Where Lessee Failed To Test Govt.'s Discretion
Zoning / Preemption: School Construction Project Required A Building Permit

Land Use Law Report, Volume 43, Number 10, October 2015

Historic Preservation: Last Bicentennial Mural May Be Saved As A 'Historic Property'
Takings: Stormwater Charge Is A 'Fee' Because It Specially Benefits Those Who Pay
Takings:Rent Control Ordinance Could Not Be Challenged As A Taking
Conditional Use Permit: Construction Noise/Traffic At Natural Gas Well Won't Conflict With 'Quiet' Z

Land Use Law Report, Volume 43, Number 9, September 2015

Preemption/Flooding: Federal Flood Statute Doesn't Preempt Negligence Claims Against Flood Determine
Agricultural: Buyer Wins $230,000 Because Sellers Didn't Disclose Property's Wetlands Violations
Undesirable Land Uses/Mining: Alaska Preempts Salmon-Protection Initiative To Prevent Copper Mine
Environmental/Historic Preservation: Tribe Can Challenge Agency's Decision To Renew Geothermal Lease

Land Use Law Report, Volume 43, Number 8, August 2015

Regulatory Takings: Bad Advice, Not Takings, Caused Rental Income Loss
Zoning: Local Zoning Rules Don't Apply To Regional Utility
Environmental: Town Will Pay For Revoking Sewer Connection Without Hearing
Undesirable Land Use: Landfill Ban Didn't Violate Dormant Commerce Clause

Land Use Law Report, Volume 43, Number 7, July 2015

Regulatory Takings: Vested Property Right In Development Plan Entitles Owners To Compensation
Regulatory Takings: Elimination of Economic Value Is a Regulatory Taking, Even If Other Value Remain
Undesirable Land Use: Chicago May Have Violated RLUIPA By Denying License To House Homeless
Zoning: Officials With 'Substantive Leadership' In Neighboring Property Shouldn't Have Voted On Zoni

Land Use Law Report, Volume 43, Number 6, June 2015

Ordinance/Preemption: Washington: State Law Doesn't Preempt City Medical Marijuana Ban
Permits/Equal Protection: Dilapidated Buildings Justified City's 'Irrational' Permit-Denying Actions
Condemnation: Valuable Billboards Can Increase Compensation For Condemnation
Environmental: Nuisance, Trespass & Negligence Claims Require Expert Opinion Regarding Contamination

Land Use Law Report, Volume 43, Number 5, May 2015

Undesirable Land Use: Donation Bins Are Protected Free Speech, Ordinance Struck Down
Nuisance: Landowner Successfully Sues Twice For County's Faulty Stormwater System
Eminent Domain: Reservoir Commission With Private Member Could Not Condemn Property
Easements: Chemical Company May Not Be Able To Abandon Old Pipeline

Land Use Law Report, Volume 43, Number 4, April 2015

Landowner Rights: Minnesota Buy-The-Farm Statute Not Subject To Reasonableness Requirement
Takings: 6-Month Abandonment Rule For Mobile Homes Creates A Taking
Eminent Domain: Amtrak Couldn't Challenge Condemnation 7 Years After It Knew Of Its Injury
Environmental: Oregon Ballot Initiative Must Describe Impact On Air/Water Quality

Land Use Law Report, Volume 43, Number 3, March 2015

Zoning: Notice Of Public Zoning Hearing Is 'Worthless' If Public Is Denied
Environmental: Second Wind Farm Won't Further Degrade Wilderness Area's Character
Takings: Reserving Interest In Proceeds From Future Condemnation Doesn't Support Takings Claim
Historic Preservation: Homeowner Can Have Historic Designation Removed If Predecessor Didn't Consent

Land Use Law Report, Volume 43, Number 2, February 2015

Telecommunications: Cell Tower Denials Require 'Essentially Contemporaneous' Written Support
Historic Preservation: By Limiting Federal Involvement, State May Widen Historic District Road
Takings: Takings Claim Can't Be Based On Procedural Regulations Only
Environmental: CERCLA 'Petroleum Exclusion' Bars Cost Recovery For Benzene Plume

Land Use Law Report, Volume 43, Number 1, January 2015

Zoning: Sale Of Church Property Is A Secular Activity, Not A Religious One
Zoning: 'Possible' Traffic Hazard Is Not Sufficient To Deny Conditional Use Permit
Takings: 'Commandeering' Is A Type Of Taking, Subject To 3-Year Time Limit
Easements: Conservation Easement Was Unmarked On Plat But Enforceable Against Landowner