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Planning & Environmental Law Volume 62 • 2010 Judicial Decisions: Case Name IndexCases are listed alphabetically, including both the court and the PEL citation. A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Y | Z 120 W. Fayette Street, LLLP v. Mayor & City Council of Baltimore City 1350 Lake Shore Assoc. v. Randall 1568 Montgomery Highway, Inc. v. City of Hoover 194 Main, Inc. v. Bd. of Zoning Appeals for the Town of N. Hempstead 2800 La Frontera No. 1A, Ltd. v. City of Round Rock AAbbey Rd. Group, LLC v. City of Bonney Lake Abel v. Planning and Zoning Comm'n of the Town of New Canaan Adam Bros. Farming, Inc. v. County of Santa Barbara Albahari v. Zoning Bd. of Appeals of Brewster Aldridge v. Jackson Twp. Amward Homes, Inc. v. Town of Cary Anchorage Bd. of Adjustment and Anchorage Sch. Dist. v. LBJ, LLC Anderson v. Bd. of County Comm'rs of Teton County Annex Books, Inc. v. City of Indianapolis, Ind. Artisan/Am. Corp. v. City of Alvin, Tex. Austin Bank of Chicago v. Vill. of Barrington Hills Aydelott v. City of Portland BB.J. Alan Co. v. Cong. Twp. Bd. of Zoning Appeals Baker v. City of Robinson Baldwin County Planning and Zoning Comm'n v. Montrose Ecor Rouge, LLC Bayram v. City of Binghamton Bd. of County Comm'rs of County of Adams v. Colo. Dep't of Pub. Health and Env't Bd. of County Comm'rs of the County of Boulder v. Hygiene Fire Prot. Dist. Bd. of Selectmen of the Town of Ridgefield v. Freedom of Info. Comm'n Bedard v. Town of Alexandria Bellows v. Bd. of Comm'rs of the County of Elkhart Bench Billboard Co. v. City of Cincinnati Berkeley Square Ass'n, Inc. v. Zoning Bd. of Adjust. of City of Trenton Bernstein v. Planning Bd. of Stockbridge Beyer v. City of Marathon Billings v. County Council of Prince George's County Bloch v. Frischholz Blue Heron Nurseries, LLC v. Funk BPG Real Estate Investors-Straw Party II, LP v. Bd. of Supervisors of Newtown Twp. Braley v. City of Forest Park Brasi Dev. Corp. v. Attorney Gen. Briar Meadows Dev., Inc. v. S. Ctr. Twp. Bd. of Supervisors Brunswick Landing, LLC v. Glynn County Brunswick Smart Growth, Inc. v. Town of Brunswick Burkhart Adver., Inc. v. City of Fort Wayne CCal. Bldg. Indus. Ass'n v. San Joaquin Valley Air Pollution Control Dist. Cal. Oak Found. v. Regents of the Univ. of Cal. Callowhill Ctr. Assocs., LLC v. Zoning Bd. of Adjustment Caltabiano v. L and L Real Estate Holdings II, LLC Campus Assocs., LLC v. Zoning Bd. of Adjustment of the Twp. of Hillsborough Capital Auto Sales, Inc. v. Dist. of Columbia Carillon Cmty. Residential v. Seminole County Carl Ronnie Daricek Living Trust v. Hancock County Carmony v. McKechnie Carrelli v. Dep't of Natural Res. Cary Creek Ltd. P'ship v. Town of Cary Caspian Realty, Inc. v. Zoning Bd. of Appeals of Town of Greenburgh Cerand v. Burstein Champlin's Realty Assocs. v. Tikoian Charles Wiper, Inc. v. City of Eugene Chase Alexa, LLC v. Kent County Levy Court Cheyenne Newspapers, Inc. v. Bldg. Code Bd. of Appeals of the City of Cheyenne Chicago Area Council, Inc. v. Blue Lake Twp. Chicago Joe's Tea Room, LLC v. Vill. of Broadview Chinn v. City of Spokane Chuckanut Conservancy v. Wash. State Dep't of Natural Res. Cimino v. Zoning Bd. of Appeals of Town of Woodbridge Citizens for Cold Springs v. City of Reno Citizens for Constitutional Fairness v. Jackson County Citizens for Envtl. Inquiry v. Dep't of Envtl. Quality Citizens for Planning Responsibly v. County of San Luis Obispo Citizens for Rational Shoreline Planning v. Whatcom County Citizens for Responsible Equitable Envtl. Dev. v. City of San Diego City of Cerritos v. Cerritos Taxpayers Ass'n City of Claremont v. Kruse City of Cohasset v. Minn. Power City of Deadwood v. M.R. Gustafson Family Trust City of Hattiesburg v. McArthur City of Hoschton v. Horizon Cmtys., LLC City of Houston v. Guthrie City of Hudson v. King City of Spokane v. World Wide Video of Wash., Inc. Clare v. Town of Hudson Clear Channel Outdoor, Inc. v. City of New York Clear Channel Outdoor, Inc. v. City of St. Paul Cleveland Bd. of Zoning Appeals v. Abrams Coastal Outdoor Adver. Group, LLC v. Twp. of Union Collden Corp. v. Town of Wolfeboro Collins v. Mayor and Council of City of Gautier Commonwealth v. Baker Concerned Citizens for the Pres. of Watertown, Inc. v. Planning and Zoning Comm'n Condo. Ass'n of Commonwealth Plaza v. City of Chicago Conn. v. Am. Elec. Power Co., Inc. Conner v. City of Seattle Conservation Comm'n of the Town of Fairfield v. Red 11, LLC Cook v. Rockwell Int'l Corp. Cordes v. Bd. of Zoning Adjustments and Audubon, LLC Cottage Emporium, Inc. v. Broadway Arts Center, LLC County of Chesterfield v. Tetra Assoc., LLC County of Hawaii v. Ala Loop Homeowners County of Sacramento v. Superior Court Covel v. Town of Vienna Creedmoor-Maha Water Supply Corp. v. Tex. Comm'n on Envtl. Quality Curious Theatre Co. v. Colo. Dep't of Pub. Health and Env't Curran v. Zoning Bd. of Appeals of the City of Milford Curzi v. Raub Czyoski v. Planning Bd. of Truro DD.C. v. Brookstowne Cmty. Dev. Co. Dahlen v. Shelter House David Hill Dev., LLC v. City of Forest Grove DB Land Holdings, LLC v. Town of Fredonia Deane v. United States DeCook v. Rochester Int'l Airport Joint Zoning Bd. Deer Creek Developers, LLC v. Spokane County Deiss v. Bd. of Zoning Appeals of Boone County Delta Housing Dev. Corp. v. Johnson Dep't of Envtl. Qual. v. Twp. of Worth Desert Outdoor Adver., Inc. v. City of Oakland Dinardo v. Chester Twp. Bd. of Zoning Appeals Does 5 v. Enfield Pub. Sch. Drees Co. v. Hamilton Twp. Dry Creek Partners, LLC v. Ada County Comm'rs Duckett v. Mayor and Bd. of Alderman of City of Ocean Springs EE. Ga. Land and Dev. Co., LLC v. Baker Edgerton Contractors, Inc. v. City of Wauwatosa Embassy LLC v. City of Santa Monica FFalkler v. Lower Windsor Twp. Zoning Hearing Bd. Fasbender v. Lewis and Clark County Bd. of County Comm'rs Fayard v. Design Comm. of Homestead Subdivision Feil v. E. Wash. Growth Mgmt. Hearings Bd. Ferson-Lake, LLC v. City of Nashua First Vagabonds Church of God v. City of Orlando Fitzpatrick v. Okanogan County Flanders v. Ford City Borough Council Flanigan's Enter., Inc. of Ga. v. Fulton County Flava Works, Inc. v. City of Miami Fly Fish Vt., Inc. v. Chapin Hill Estates, Inc. Fortenberry v. City of Jackson Fortress Bible Church v. Feiner Four Seasons Mgmt. Servs., Inc. v. Town of Wrightsville Beach Frame v. City of Arlington Francis v. Bremer County Bd. of Supervisors Frech v. Piontkowski Fred Nackard Land Co. v. City of Flagstaff Freedom Healthcare Servs., Inc. v. Zoning Hearing Bd. of City of New Castle Freeman v. Kenner Bd. of Zoning Adjustments Frick v. City of Salina, Kansas Friends of Cedar Park Neighborhood v. City of Seattle Friends of Lincoln Lakes v. Town of Lincoln Friends of Maple Mountain, Inc. v. Mapleton City Friends of the Bethany Place, Inc. v. City of Topeka Friends of Tims Ford v. Tenn. Valley Auth. Friends of Yamhill County, Inc. v. Bd. of Comm'rs of Yamhill County Fustolo v. Hollander GGade v. Chittenden Solid Waste Dist. Gadsden Jai Alai, Inc. v. State of Fla. Dep't of Bus. and Prof'l Regulation Gardiner v. Boundary County Bd. of Comm'rs Genoa Twp. Bd. of Tr. v. Martindale Genser v. Bd. of Zoning and Appeals of Town of N. Hempstead Gilbert v. Bd. of County Comm'rs of Park County Glacial Aggregates LLC v. Town of Yorkshire Glidden v. Zoning Bd. of Appeals of Nantucket Global Country of World Peace v. City of Mayfield Heights Planning Comm'n Gold Star Resorts, Inc. v. Futurewise Goldstein v. N.Y. State Urban Dev. Corp. Gould v. Deschutes County Great Basin Water Network v. Taylor Greenfield v. Reynolds Guggenheim v. City of Goleta Guido v. Town of Ulster Town Bd. Gumz v. Irvin HHagerott v. Morton County Bd. of Comm'rs Hall v. City of Ridgeland Hansen v. City of Deland Hansen v. Granite County Hargett v. Town of Ticonderoga Harmsen v. City of Minneapolis Hasychak v. Zoning Bd. of Appeals of the Town of Old Saybrook Hawk v. Eldred Twp. Bd. of Supervisors Helcher v. Dearborn County Herson v. City of San Carlos Hertz v. Borough of Lincoln Park HHI Trucking & Supply, Inc. v. Borough Council of Borough of Oakmont Higher Taste v. City of Tacoma Hoffman St., LLC v. City of W. Hollywood Home Builders Ass'n of Cent. Ariz. v. City of Goodyear Home Builders Ass'n of N. Cal. v. U.S. Fish and Wildlife Serv. Homebuilders Ass'n of Tulare/Kings Counties, Inc. v. City of LeMoore Horse Creek Conservation Dist. v. State Huron Charter Twp. v. Fox Hussein v. City of Perrysburg Hydro Res. v. U.S. Envt'l Prot. Agency IImaginary Images, Inc. v. Evans In re Admin. Order Issued to Wright County In re Appeal of Hollingsworth Media Group, Inc. In re B.Y. Dev., Inc. In re Centex Homes, LLC In re Drumore Crossings, LP In re Eastview at Middlebury, Inc. In re Hubbard In re Kirk-Hughes Dev., LLC In re Petition for Referendum on City of Trenton Ordinance 09-02 In re Thornton In re Verizon Wireless Barton Permit In re Vill. Assoc. Act 250 Land Use Permit Ind. Dep't of Envtl. Mgmt. v. NJK Farms, Inc. Int'l Soc'y for Krishna Consciousness, Inc. v. City of Los Angeles JJackson Holdings, LLC v. Jackson Twp. Planning Bd. Jackson v. Bd. of Comm'rs of County of Monroe Jackson, Inc. v. Planning and Zoning Comm'n of Town of Avon Jaeger v. Cellco P'ship James v. City of Falls Church James v. City of Pontotoc, Miss. Jefferson Orchards, Inc. v. Jefferson County Zoning Bd. of Appeals JGJ Props., LLC v. City of Ellisville Johnson v. Cook County Johnson v. Gulf County Johnston v. Metro. Gov't of Nashville and Davidson County Jones v. Town of Carroll Joubert v. City of New Orleans Office of Safety and Permits JZ, Inc. v. Planning and Zoning Comm'n of Town of E. Hartford KKailin v. Clallam County Kalil v. Town of Dummer Zoning Bd. of Adjustment Karousos v. Pardee Kaur v. N.Y. State Urban Dev. Corp. Kaur v. N.Y. State Urban Dev. Corp. Kaywood Props., Ltd. v. Forte Kelly v. County of Chelan Kelly v. County of Chelan KGF Dev., LLC v. City of Ketchum Klein v. City of San Clemente Kleinman v. City of San Marcos Klumpp v. Borough of Avalon Kolbe v. Baltimore County Kraiza v. Planning and Zoning Comm'n of the Town of Hartland Kramer v. Dalton Co., LLC Kuvin v. City of Coral Gables Kyser v. Kasson Twp. LLake Geneva Club v. Town of Linn Lallier v. Zoning Bd. of Appeals of the Town of Stafford Lamar Advantage GP Co. v. Zoning Hearing Bd. of Adjustment of the City of Pittsburgh Lamar Co., LLC v. City of Fremont Lamar Tenn., LLC v. Metro. Bd. of Zoning Appeals Lamar Tenn., LLC v. Murfreesboro Bd. of Zoning Appeals Lamb v. Zoning Bd. of Appeals of Taunton Lancaster Twp. v. Zoning Hearing Bd. of Lancaster Twp. Land v. Vill. of Wesley Chapel Landmaster Montg I, LLC v. Town of Montgomery Laurel Park Cmty., LLC v. City of Tumwater Lawrence v. City of Rawlins Legacy at Fairways, LLC v. McAdoo Liberty Cove, Inc. v. Missoula County Libolt v. Town of Irondequoit Zoning Bd. of Appeals Lighthouse Inst. for Evangelism v. City of Long Branch Luper v. City of Wasilla MM & H Profit, Inc. v. City of Panama City Madain v. City of Stanton Madaloni v. City of Mobile Madowitz v. Woods at Killington Owners' Ass'n Mann v. Calumet City Marble Techs., Inc. v. City of Hampton Martel Inv. Group, LLC v. Town of Richmond Matthews v. Dep't of Natural Res. Maunalua Bay Beach Ohana 28 v. State May v. Robertson MBC Realty, LLC v. Mayor and City Council of Baltimore McCole v. City of Marathon McHale v. DCW Dutchship Island, LLC McMillan v. Town of Tryon Md. Agric. Land Pres. Found. v. Claggett Md. Reclamation Assoc., Inc. v. Harford County Md.-Nat'l Capital Park and Planning Comm'n v. Greater Baden-Aquasco Citizens Ass'n Meier v. City of Charlotte Mellish v. Frog Mountain Pet Care Mercer Island Citizens for Fair Process v. Tent City Meridian Ranch Metro. Dist. v. Colo. Ground Water Comm'n Messina v. E. Penn Twp. Metro. Gov't of Nashville and Davidson County v. Lamar Tenn., LLC Michler v. Planning and Zoning Bd. of Appeals of the Town of Greenwich Mikell v. County of Charleston Mirabile v. City of Saratoga Springs Montgomery v. City of Dunes City Moore v. City of Middletown Morales v. City of S. Padre Island Morris Commc'ns Corp. v. City of Bessemer City Zoning Bd. of Adjustment Morrissey v. Apostol Motorsports Holdings, LLC v. Town of Tamworth Murray v. City of Lawrenceburg NN. Ky. Area Planning Comm'n v. Cloyd N.J. Dep't of Envtl. Prot. v. Huber N.Y. SMSA Ltd. P'ship v. Town of Clarkstown Najduch v. Twp. of Independence Planning Bd. Nash v. Matanuska-Susitna Borough Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt. Navaretta v. Town of Oyster Bay Neighborhood Builders, Inc., v. Town of Madison Neighborhood Enter., Inc. v. City of St. Louis, Mo. Neumont v. Fla. New Albany DVD, LLC v. City of New Albany, Ind. New Cingular Wireless PCS, LLC v. Zoning Hearing Bd. of Weisenberg Twp. Nikolas v. City of Omaha Noble v. Kootenai County Norfolk S. Ry. Co. v. City of Alexandria Northfork Citizens for Responsible Dev. v. Bd. of County Comm'rs of Park County Nw. Prop. Group, LLC v. Town of Carrboro OOhio Turnpike Comm'n v. Spellman Outdoor Adver. Serv., LLC Orange Stones Co. v. Borough of Hamburg Zoning Hearing Bd. Our Savior Evangelical Lutheran Church v. Savill PPacific Topsoils, Inc. v. Wash. State Dep't of Ecology Palizzi v. City of Brighton Palmer Trinity Private Sch., Inc. v. Vill. of Palmetto Bay Papadelis v. City of Troy Parchester Vill. Neighborhood Council v. City of Richmond Passalino v. City of Zion Pawn Am. Minn., LLC v. City of St. Louis Park Pennsy Supply, Inc. v. Zoning Hearing Bd. of Dorrance Twp. PH, LLC v. City of Conway Piccolella v. Lycoming County Zoning Hearing Bd. Piper Group, Inc. v. Bedminster Twp. Bd. of Supervisors Players Pizza & Pub, LLP v. City of Oshkosh Post v. City of Tacoma Powell County v. Country Vill., LLC Powerhouse Arts Dist. Neighborhood Ass'n v. City Council of the City of Jersey City PR/JSM Rivara LLC v. Cmty. Redev. Agency of the City of Los Angeles Presidents' Council of SD, Inc. v. Walton County Propp v. Sauk County Bd. of Adjustment QQuail Hill, LLC v. County of Richland Qualified Patients Ass'n v. City of Anaheim RRadziewicz v. Town of Hudson Rakowski v. City of Fargo Reaching Hearts Int'l, Inc. v. Prince George's County Red 11, LLC v. Conservation Comm'n of Town of Fairfield Reed v. Town of Gilbert Reget v. City of La Crosse Reiz v. Bd. of Zoning Adjustment of Kansas City Reywal Co. Ltd. P'ship v. City of Dublin Riffin v. Circuit Court for Baltimore County River of Life Kingdom Ministries v. Vill. of Hazel Crest River of Life Kingdom Ministries v. Vill. of Hazel Crest River Sound Dev., LLC v. Inland Wetlands and Watercourses Comm'n of Town of Old Saybrook Rockford Homes, Inc. v. Vill. of Canal Winchester Rocky Mountain Christian Church v. Bd. of County Comm'rs of Boulder County Rocky Mountain Rogues, Inc. v. Town of Alpine Ross v. Mr. Lucky, LLC Ross v. Planning and Zoning Comm'n of Town of Westport Ross v. Zoning Bd. of Appeals of Town of Westport RTM Media, LLC v. City of Houston Rule v. Iowa County Bd. of Adjustment Ruston v. Town Bd. for Town of Skaneateles SSaadala v. E. Brunswick Zoning Bd. of Adjustment Salazar v. Buono Sam's E., Inc. v. United Energy Corp., Inc. San Diego Navy Broadway Complex Coal. v. City of San Diego Save the Plastic Bag Coalition v. City of Manhattan Beach Schauer v. Grooms Schellinger Bros. v. City of Sebastopol Schomaker v. Zoning Hearing Bd. of Borough of Franklin Park Se. Conference v. Vilsack Seiz Co. v. Ark. State Highway and Transp. Dep't Seminary Galleria, LLC v. Dulaney Valley Improvement Ass'n, Inc. Shaheen v. Cuyahoga Falls City Council Shaw Family LLC v. Advocates for Responsible Dev. Shenkel United Church of Christ v. N. Coventry Twp. Shepherd Montessori Center Milan v. Ann Arbor Charter Twp. Shupe v. Boulder County Shute v. Metro. Gov't of Nashville, Davidson County Simpson v. Town of Gurley Sinkler v. County of Charleston Sinotte v. City of Waterbury Siporen v. City of Medford Siwinski v. Town of Ogden Dunes Sonne v. Bd. of Trustees of Vill. of Suffern Spear v. Bd. of Appeals of Danvers Sprint PCS Assets, LLC v. City of Palos Verdes Estates Srail v. Vill. of Lisle St. Croix Valley Home Builders Ass'n, Inc. v. Twp. of Oak Grove State ex rel. English v. Multnomah County State ex rel. Gilbert v. City of Cincinnati State v. Attavane State v. Poehnelt State, Tex. Water Dev. Bd. v. Hearts Bluff Game Ranch, Inc. Stebelton v. Bloom Twp. Bd. of Zoning Appeals Steenrod v. City of Oneonta Stewart v. City of Salem Stientjes Family Trust v. Thurston County Stoffer v. Dep't of Pub. Safety of the Town of Huntington Stonacek v. City of Lincoln Stop the Beach Renourishment, Inc. v. Fla. Dep't of Envt'l Prot. Sunset Sky Ranch Pilots Ass'n v. County of Sacramento Suquamish Tribe v. Cent. Puget Sound Growth Mgmt. Hearings Bd. TTalbot County v. Miles Point Prop., LLC Tex. Midstream Gas Serv., LLC v. City of Grand Prairie Thomas v. Bd. of Supervisors of Panola County Thunderbird Mobile Club, LLC v. City of Wilsonville TJS of N.Y., Inc. v. Town of Smithtown Tomlinson v. County of Alameda Toups v. City of Shreveport Town Bd. of Town of Parma v. Bd. of Trustees of Vill. of Hilton Town of Branford v. Santa Barbara, New England Estates; LLC v. Town of Branford Town of Canton v. Comm'r of the Mass. Highway Dep't. Town of Copake v. 13 Lackawanna Properties, LLC Town of Erie v. Town of Frederick Town of Kinderhook v. Slovak Town of Rice Lake v. County of Barron Trosper v. Cheatham County Planning Comm'n Trudy's Tex. Star, Inc. v. City of Austin Tuccio v. Marconi UUnion Land Owners Ass'n v. County of Union Unite Here! Local 5 v. City and County of Honolulu Urban Habitat Program v. City of Pleasanton URI Student Senate v. Town of Narragansett USCOC of Greater Mo. v. City of Ferguson VVermillion Twp. v. McCarthy Viking Const. Inc. v. Hayden Lake Irrigation Dist. Vine v. Planning and Zoning Comm'n of Town of Wallingford Viola Park, Ltd. v. City of Pickerington VIP of Berlin, LLC v. Town of Berlin Vo-Land, LLC v. Vill. of Bartlett WW & W P'ship v. Prince William County Bd. of Zoning Appeals W. Main Townhomes, LLC v. City of Medford W. Main Townhomes, LLC v. City of Medford Wallace Farm, Inc. v. City of Charlotte War Eagle, Inc. v. Belair Wedgewood Ltd. P'ship v. Twp. of Liberty Wellswood Columbia, LLC v. Town of Hebron Welsh Dev. Co. v. Warren County Reg'l Planning Comm'n Wetherell v. Douglas County White Oak Prop. Dev., LLC v. Wash. Twp. Willamette Oaks, LLC v. City of Eugene Wilson v. Bethel Twp. Bd. of Zoning Appeals Witherow v. Burlington Twp. Planning Bd. Wolf Ranch, LLC v. City of Colo. Springs Wollmer v. City of Berkeley Woodland Park Mgmt., LLC v. City of E. Palo Alto Rent Stabilization Bd. World Outreach Conference Center v. City of Chicago World Wide Rush, LLC v. City of Los Angeles Worley v. Peachtree City XYYoung v. Avon Lake Zegarelli v. Montevallo Planning and Zoning Comm'n Zimmerman v. Bd. of County Comm'rs of Wabaunsee County Zirker v. City of Bend Zoning Bd. of Appeals of Amesbury v. Hous. Appeals Comm. Zoning Bd. of Appeals of Canton v. Hous. Appeals Comm. Zweber v. Scott County Bd. of Comm'rs | My APA
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