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Facts: When the Town of Fairfield, Connecticut adopted its zoning ordinance, the property located at the corner of Post Road and Sanford Road did not meet the new setback requirements--that is, that a building in the business district zone be set back 10 feet from the street and rear property line. The building on the Post Road/Sanford Road property extends to both streets and
Background: Since Congress enacted the National Trails System Act Amendments of 1983 (Trails Act), many miles of abandoned railroad track have been removed and replaced with recreational trails that are open to the public. Takings claims often arise because of the way the railroads originally acquired these land corridors. Although some corridors were acquired through eminent domain
Facts: Wayne L. Neidlinger, doing business asCaptain Fred’s Airboat Nature Tours (Captain Fred’s), operates commercial airboat tours on Lake Hamilton in Florida. These tours generate noise levels up to 100-110 decibels when the airboats come within 1,500 feet of the shoreline. People live along the shore of Lake Hamilton, and almost 400 of the residents
Facts: Raymond Kerr owns a house in the City of South Bend, Indiana, about two miles from an ethanol plant. Kerr’s house is attached to a main sewer line via a lateral sewer line. The City owns and maintains the main sewer line, and Kerr owns and maintains the lateral sewer line. In 2001, a member of Kerr’s household complained to the