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Land Use Law Report 2017 Volume 45 Number 5

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Nuisance --- Historical Preservation: Private Person Couldn't Acquire Ownership Of Public, Confederate Monument

Friday, May 05, 2017

Background: After a vigorous, six-month debate, the City Council of New Orleans enacted an ordinance that required the City of New Orleans to remove three monuments from outdoor display on public property because they were nuisances. The monuments depict three leaders of the Confederate States of America: General P.G.T. Beauregard, Jefferson Davis, and [...]

Trespass: Fiber-Optic Cables Exceeded Electrical Line Easements' Scope

Friday, May 05, 2017

Facts: Sho-Me Power Collective is a rural electric cooperative in Missouri. As a utility with the right of condemnation, Sho-Me acquired easements to build and operate an electric transmission line across thousands of parcels. Before 1997, Sho-Me used microwave radio frequencies to communicate with its unattended power stations. But the Federal Communications Commission [...]

Zoning: Fraternity Not Protected As Nonconforming---or 'Grandfathered'---Use

Friday, May 05, 2017

Facts: The Dartmouth Corporation of Alpha Delta (Alpha Delta) challenged a zoning decision by the Town of Hanover, New Hampshire that it immediately cease using its fraternity house. Alpha Delta, a Dartmouth College fraternity since the 1840s, built the house in question in 1920. From then until the Town’s order, Alpha Delta used the house [...]

Zoning: Tattoo Artist Challenged City's 'Unbridled Discretion' Under First Amendment

Friday, May 05, 2017

Facts: James Real owns a tattoo shop in Huntington Beach, California and has long wanted to open one in nearby Long Beach. But the City of Long Beach has a restrictive zoning ordinance when it comes to tattoo shops. They are forbidden in most parts of Long Beach, and where they are permitted, they require a conditional use permit to operate. The [...]

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