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Land Use Law Report 2017 Volume 45 Number 4

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Takings / Undesirable Land Use: Repetitive Complaint Precludes Federal Suit Challenging City's Nuisance Abatement

Tuesday, April 04, 2017

Facts: Landowner Leonard Anderson unsuccessfully sued the City of St. Paul, Minnesota for, among other things, taking and destroying property that it collected from his land in 2011. Anderson himself used his 2.3 acres to collect and store items like ''barrels, boats, and broken lawnmowers.'' The City was not impressed by his collection, declared [...]

Zoning / Undesirable Land Use: Landfill Prohibition Use Was Retroactive, Thus Unconstitutional

Tuesday, April 04, 2017

Facts: In 1989, Southern States-Bartow County, Inc. (Southern States) applied to develop and operate a landfill on its property in Bartow County, Georgia. A few years earlier, Southern States' predecessor in interest acquired a certificate of zoning compliance from the County. The certificate indicated that a landfill was a permissible use under [...]

Environmental: Generous Statute Of Limitations Applies To CERCLA-Type State Claims Only

Tuesday, April 04, 2017

Facts: In 1994, Consolidation Coal Company (Consolidation Coal) acquired the necessary government permit to pump excess water out of an operational mine and into an exhausted mine, a process called ''dewatering.'' Before Consolidation Coal began dewatering its mine, it published notices in several newspapers for three months. It also built a visible pipeline from [...]

Zoning: Zoning Board Can't Limit Alpaca Exception To Particular Owners

Tuesday, April 04, 2017

Facts: Todd and Tina Sposato keep four alpacas on their residential property in the Town of Hopkinton, Rhode Island. They consider the alpacas to be pets. Their neighbor, Amber Preston, lives in a single-family home next door and apparently does not enjoy the Sposatos' alpacas. In 2011, the Town's Zoning Officer issued a zoning [...]

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