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Land Use Law Report, Volume 46, Number 8, August 2018

Due Process


Approving Wind Turbines Does Not Make Federal Agency Liable For Bird Deaths

Thursday, August 02, 2018

Facts: The Bureau of Land Management (BLM) granted to Tule Wind, LLC a right-of-way to build and operate about 150 wind turbines on federal land in San Diego County, California. The BLM approved the grant after conducting an environmental impact statement, obtaining modifications to the original wind [...]

Building Bridge Through Park Was Reasonable Where Alternative Was More Harmful

Thursday, August 02, 2018

Facts: The City of Port St. Lucie in Florida has needed a third vehicle bridge since at least 1980. The two that cross the North Fork St. Lucie River have been beyond traffic capacity for decades. Merely widening the bridges wouldn't relieve the traffic, and so, after much study and consultation, the City decided to [...]

Buyer Wins $230,000 Because Sellers Didn't Disclose Property's Wetlands Violations

Thursday, August 02, 2018

Facts: Plaintiff Favero Farms, LC bought 20 acres of Utah farmland from H. Dan and Tami Baugh. The parties’ sales contract included a warranty against encumbrances and a warranty to deliver the property "in generally accepted agricultural condition." The Baughs did not [...]

Clean Water Review Of Highway Sections Was Not Improper “Segmentation”

Thursday, August 02, 2018

Facts: The Federal Highway Administration and the Indiana Department of Transportation (transportation agencies) determined that the existing routes covering the approximately 150 miles between Indianapolis and Evansville were insufficient. The direct route between them was narrow and overcrowded, plagued by traffic accidents. And [...]

Court Gives Go-Ahead To Demolish Historic Buildings Near Canadian Border

Thursday, August 02, 2018

Facts: The Campaign for Buffalo History, Architecture and Culture, Inc. (the Campaign) challenged a plan to demolish several historic properties in Buffalo, New York. The properties were owned by the Buffalo and Fort Erie Public Bridge Authority (Bridge Authority), a "product of a compact between [...]

Elementary School Can Build Four-Acre Solar Energy Field

Thursday, August 02, 2018

Facts: The Northampton Area School District owns 19 acres of land in Lehigh Township, Pennsylvania, and it wanted to install a solar energy field, consisting of 7,000 solar panels, on four acres of that land to help power an elementary school. The School District applied to the Lehigh Township Zoning Hearing [...]

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