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Updates from Current Issue


Land Use Law Report 2017 Volume 45 Number 5

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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 [...] Read More

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 [...] Read More

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 [...] Read More
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