Land Use Law Report
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Articles for the year 2009

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Total Result(s) Found: 76


Land Use Law Report, Number 12, December 2009


Challenge To EPA/TVA Clean-Up Dismissed As Moot

Wednesday, December 23, 2009

Facts: In December 2008, a dike failed at the Tennessee Valley Authority’s (TVA) Kingston Fossil Fuel Plant. The dike held coal ash sludge that the plant produced. As a result of the dike failure, 5.4 million cubic yards of sludge spilled into the Watts Bar Reservoir, the Clinch and Emory Rivers and other nearby properties in a 300-acre area. Immediately

Environment: Army Must Supplement EIS Based On A Specific Plan If That Plan Changes

Wednesday, December 23, 2009

The Army then evaluated that plan in a draft EIS. Using the specific criteria in the LRA’s redevelopment plan, the Army extrapolated three likely development scenarios — a low, a low-medium and a medium environmental  impact scenario. The Army determined that the LRA’s redevelopment plan would have a low-medium impact, and then it created the low

Environment: Forest Fire Recovery Plan May Do Short-Term Damage To Promote Long-Term Benefits To Species’ Habitat

Wednesday, December 23, 2009

The Center for Biological Diversity , Sierra Club and WildEarth Guardians sued the Forest Service and the Fish and Wildlife Service, alleging that the agencies had violated a variety of federal statutes by approving the Warm Fire Project. The parties moved for summary judgment, which the U.S. District Court for the District of Arizona [...]

Restrictive Covenants: Restrictive Covenant Release Lifted Transfer But Not Use Restrictions

Wednesday, December 23, 2009

Facts: In 2005, plaintiffs Robert C. Bolus, Sr . and Sophie Gregory executed a purchase and sale contract for a lot in the Silver Lake subdivision in Bradenton, Florida. Defendant Morrison Homes, Inc., d/b/a/ Morrison Homes n/k/a/ Taylor Morrison Services, Inc. (Morrison) builds and sells homes in the subdivision and sold the property to

Adverse Possession: Repudiation By Co-Tenant Can Be Established As A Matter Of Law

Wednesday, December 23, 2009

Facts: The Fields-Francis family has owned several tracts of land in Bexar County, Texas since 1919, two tracts of which were involved in the following case. Anna Fields and Israel Francis had ten children, including Alma and Edward Senior. In 1952, Anna died and Edward Senior moved onto tract one, where he lived until his death in 1993. He surrounded the property [...]

Immunity: Civil Conspiracy Is Hard To Prove When Municipal Actors Have Lots of Leeway

Wednesday, December 23, 2009

Facts: Plaintiff New Day Farms, LLC (New Day), bought a farm in York Township, Ohio. After receiving authorization from the Ohio Department of Agriculture (ODA), New Day began renovating the farm to replace four old barns. Before ODA issued its permit to New Day, but after work had begun on the farm, the Board of Trustees of York Township adopted


Land Use Law Report, Number 11, November 2009


Land Use Law Report, Number 10, October 2009


Municipal Immunity Eschews Motives

Friday, October 23, 2009


Land Use Law Report, Number 9, September 2009


An Access Road Can Be A Mine

Wednesday, September 23, 2009


Land Use Law Report, Number 8, August 2009


Land Use Law Report, Number 7, July 2009


Land Use Law Report, Number 6, June 2009


Land Use Law Report, Number 5, May 2009


Land Use Law Report, Number 4, April 2009


Land Use Law Report, Number 3, March 2009


Option To Buy Is Enough To Show Injury In Fact

Monday, March 23, 2009

Facts: Toll Brothers, Inc. (Toll) builds luxury homes in exceptionally scenic locations. In 2001, Toll entered into an option contract with the owner of an exceptionally scenic 160—acre property in the Township of Readington, New Jersey (the Township). Under the contract, Toll had an exclusive option to buy the property at a fixed price, but had to make periodic payments to [...]


Land Use Law Report, Number 2, February 2009


Redundant Avigation Easement Not A Taking

Monday, February 23, 2009


Land Use Law Report, Number 1, January 2009


Gas Act Has No Quick-Take Power

Friday, January 23, 2009

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