Land Use Law Report

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Searched Library for year - 2016

Land Use Law Report, Volume 44, Number 12, December 2016

Historic Preservation
Zoning --- Undesirable Land Use: 'Aquaculture' Isn't 'Agriculture' Until The Legislature Says So
Easements: Destruction Of Trees Is Irreparable Damage, Supports Injunction
Zoning --- Historic Preservation: Zoning Board Misapplied Law To Approve Historic Area Project
Negligence --- Utilities --- Construction: Excavator With 'Actual Notice' Of Telephone Line It Hit W

Land Use Law Report, Volume 44, Number 11, November 2016

Environmental: Wild Horse Overpopulation Doesn't Dictate Automatic Removal
Zoning: Town May Enforce Zoning Ordinance After 30 Years Of Nonconforming Use
Easements: Massachusetts Finds No Flexibility In Bright-Line Rule On Easements Limits
Trespass: Neighbor Cut Down Tree, Must Pay Damages For Emotional Distress

Land Use Law Report, Volume 44, Number 10, October 2016

Takings: No Taking When Police Bulldozed A Store
Undesirable Land Use: Collector Cars Deemed A Safety Hazard In Minnesota
Equal Protection: Minimizing Litigation Risk Is A Legitimate Government Interest
Nuisance: Shared Tree Can Be Felled By Majority Owner
Lien Law / Construction: In Utah, Visible Evidence Of Work Required To Attach Lien

Land Use Law Report, Volume 44, Number 9, September 2016

Zoning / Religious Land Use: Living Restriction For Sex Offenders Is 'Zoning Law' Under RLUIPA
Negligence / Nuisance / Immunity: Official Immunity Granted To Municipality's Private Contractor
Takings / Inverse Condemnation: Privately Built Drainage System That Flooded Homeowners' Yard Could
Zoning / Undesirable Land Use: Landowner Has No Property Interest In Zoning Law Enforcement Against

Land Use Law Report, Volume 44, Number 8, August 2016

Environmental: Approving Wind Turbines Does Not Make Federal Agency Liable For Bird Deaths
Easements / Zoning: No Zoning Decision Challenge Based On Easement Interference
Fair Housing Act: Variance's 'Restoration Provision' Could Run Afoul Of Fair Housing Act
Zoning/ Undesirable Land Use: Zoning Restriction Applies To Entire Building, Not Section Where Horse

Land Use Law Report, Volume 44 number 7, July 2016

Nuisance: Nuisance Plaintiffs Can Recover Both 'Annoyance' And Diminution Damages
Environmental: SCOTUS: Clean Water Act 'Jurisdictional Determinations' Are Final Agency Actions
Zoning: Zoning Board Failed To Hold Proposed High Rise To Moderate-Density Standard
Takings: NC Must Pay For Restricting Development In Planned Highway Corridors

Land Use Law Report, Volume 44 number 6, June 2016

Energy: Colorado Home-Rule Cities Can't Ban Fracking
Takings / Inverse Condemnation: View-Blocking Trees Cant Support Inverse Condemnation
Nuisance: Poor Wall Design Or Not, Architect Wasn't Liable For A Public Nuisance
Permits: Optimism About Land Use Goals Doesnt Foreclose Future Permit Changes

Land Use Law Report, Volume 44, Number 5, May 2016

Preemption: Nat’l Park Regs Enforcement Must Account For Alaska’s Uniqueness
Negligence: In Washington, Property Owners OweNo Duty Of Care To Protect Neighbor’s Trees
Undesirable Land Use / Residential Land Use: Chickens Can Be ‘Household Pets’ Under Rest
Undesirable Land Use: Agency Properly Banned Smoking In NYC State Parks

Land Use Law Report, Volume 44, Number 4, April 2016

Undesirable Land Use / Zoning: Cease-And-Desist Order Didn’t Deprive Landowner Of Property Int
Undesirable Land Use / Easements: Look Beyond Black’s To Define Easement Terms
ADA / Historic Preservation: No ADA Violation Where Wheelchair Ramp Was Not ‘Readily Achievabl
Equal Protection: No Racial Discrimination In Streetcar Project Planned For African-American Neighbo

Land Use Law Report, Volume 44, Number 3, March 2016

Historic Preservation: San Fran Landmark Update Approved Despite Misinterpretation Of Statute
Undesirable Land Use: New Restrictive Covenant Requires Signatures, Not Just A Vote
Easements: Owner Of Landlocked Property Chose His Exit Route Poorly
Adverse Possession: Railway Converted To Trail Cannot Be Adversely Possessed

Land Use Law Report, Volume 44, Number 2, February 2016

Zoning / Variance: Property's Peculiar Characteristics Not Enough To Justify Zoning Variance
Takings: In Florida Rails-To-Trails Cases, Deed Language Controls
Nuisance / Undesirable Land Use: Noisy Airboats Can Be Nuisance Even When Rule-Abiding
Nuisance / Negligence: Sewer Gas Nuisance Case Pared Down By Notice Requirement

Land Use Law Report, Volume 44, Number 1, January 2016

Nuisance: Nuisance Claim For 'General' Water Damage Survives Causation Test
Takings: Without A Request For Compensation, Regulatory Taking Claim Went Nowhere
Undesirable Land Uses: Village Not Liable For Shuttering Slaughterhouse That Was Financially Unstabl
Liens: Surveying Work Can Be A Property 'Improvement' Under Illinois Lien Law