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Land Use Law Report

 

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  • Zoning: No Futile Special Use Permit Application Necessary For RLUIPA Complaint


    Monday, May 07, 2012

    Facts: In 2010, a small congregation in The Village of Bolingbrook, Illinois, which was a branch of a larger not-for-profit organization, Liberty Temple Full Gospel Church, Inc. (Liberty Gospel), began looking for a permanent location. It encountered resistance when the first landlord it approached warned that Bolingbrook's mayor, Roger Claar, did not want any new churches

     

     

  • Environment: The Forest Service--Not Ranchers--May Have Wreaked Habitat Damage


    Monday, May 07, 2012

    Facts: Loren and Piper Stout own a ranch in Oregon. They have permits to graze their cattle in the Murderer's Creek Wild Horse Territory (the territory) in the Malheur National Forest, which are federal lands. However, they were only able to graze their cattle in the territory for nineteen days in 2009 because of damage to the habitat of an endangered species, the Middle Columbia

     

     

  • Housing: City That Controls Private Subsidized Apartments Must Meet Due Process Requirements


    Monday, May 07, 2012

    Facts: In 2007, Sharon Green moved into the Heritage Oaks Apartments, a low-income housing unit subsidized by the City of Glendora, California. The unit was part of an apartment complex operated by a private company, Anchor Pacifica Management Company (Anchor Pacifica), on city-owned land. The developer had agreed with the city to set aside 30 percent of the 151 units for low

     

     

  • Regulatory Taking -- Historical Preservation: Rejection Of 'Grandiose' Condo Complex Doesn't Preclude Approval Of A 'Less Ambitious' Plan


    Monday, May 07, 2012

    Facts: The Natchez Pecan Shelling Factory in the City of Natchez, Mississippi was designated a protected Mississippi Landmark in 2006. This designation means that the Mississippi Department of Archives and History (MDAH) must issue a permit before the property or its improvements can be "taken, altered, damaged, destroyed, salvaged, restored, renovated or excavated&

     

     

  • Easement: Public Easement Is A Right-Of-Way


    Thursday, April 12, 2012

    Facts: Chuck R. Starbird applied for a building permit from the Town of Minot, Maine. He planned to build a single-family home on property that abutted a portion of road that was a public easement. There was no other access to the property. The Town's Code Enforcement Officer (CEO) denied Starbird's application because the property lacked road frontage or access to a publicly

     

     

  • Environmental: Idaho May Have To Curtail Mega-Loads Clogging A Scenic Highway


    Thursday, April 12, 2012

    Facts: In 2011, the Idaho Transportation Department (ITD) authorized an oil company to transport "mega-loads" of mining equipment on U.S. Highway 12, a two-lane highway that runs through the Clearwater National Forest (Forest). The oil company, Imperial Resources Ventures Limited (Imperial Oil), transports tar sand mining equipment through Idaho to Canada. The mega-loads are so

     

     

  • Preemption: Local Laws Govern Site Of Natural Gas Facility


    Thursday, April 12, 2012

    Facts: Washington Gas Light Company (Washington Gas) owns and operates natural gas pipelines throughout Maryland. It owns and operates a natural gas substation in Prince George's County, Maryland, which sits at the intersection of a number of liquefied natural gas (LNG) pipelines, also owned by Washington Gas. The land on which the substation sits is zoned for open space, but

     

     

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