Planning & Environmental Law Volume 63 • 2011 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 29 Flatbush Ave. Assocs., LLC v. N.Y. State Dep't of Envtl. Conservation 62–64 Main St., LLC v. Mayor and Council of the City of Hackensack 81 Spooner Rd., LLC v. Zoning Bd. of Appeals of Brookline 143rd St. Investors, LLC v. Bd. of County Comm'rs of Johnson County 233 E. 69th St. Owners Corp. v. LaHood 526 Denver St. LLC v. Town of Saugus 1000 Friends of Or. v. Land Conservation and Dev. Comm'n 1000 Friends of Or. v. Land Conservation and Dev. Comm'n 1000 Friends of Fla., Inc. v. Palm Beach County AAboud v. City of Pittsburgh Dep't of Planning Adrian v. Town of Yorktown Advocates for Responsible Dev. v. W. Wash. Growth Mgmt. Hearings Bd. Aikens v. County of Ventura Alexander & Lindsey v. Planning and Zoning Comm'n of Platte County Alliance for the Wild Rockies v. Cottrell Altman v. Scott Am. Atheists, Inc. v. Davenport Am. Elec. Power Co., Inc. v. Connecticut American Bus Ass'n v. Rogoff Anatra v. Zoning Bd. of Appeals of the Town of Madison Anderson v. Bossier Parish Police Jury Anderson v. City of Hermosa Beach Androme Leather Corp. v. City of Gloversville Anglers of the AuSable, Inc. v. Dep't of Envtl. Quality Anthony v. Mason County Aquifer Guardians in Urban Areas v. Fed. Highway Admin. Arbor Props., Inc. v. Lake Jackson Prot. Alliance, Inc. Arcadia Dev. Co. v. City of Morgan Hill Ark. Fish & Game Comm'n v. United States Ark. Game and Fish Comm'n v. Eddings Arogas, Inc. v. Frederick County Bd. of Zoning Appeals Ass'n of Am. R.R. v. S. Coast Air Quality Mgmt. Dist. Ass'n of Irritated Residents v. U.S. Envtl. Prot. Agency Astralis Condo. Ass'n v. Sec'y, U.S. Dep't of Housing and Urban Dev. AvalonBay Cmtys., Inc. v. Inland Wetlands and Watercourses Agency of the Town of Stratford AvalonBay Comtys., Inc. v. Zoning Comm'n of the Town of Stratford BB & B LLC v. Lake Erie Land Co. Baltimore St. Parking Co., LLC v. Mayor & City Council of Baltimore Bartkowski Inv. Group, Inc. v. Bd. of Comm'rs of Marple Twp. Battista v. City of Alpine Bd. of Appeals of Gloucester v. Housing Appeals Comm. Beach v. Twp. of Lima Berry v. Volunteers of America, Inc. Bettendorf v. St. Croix County Bill Salter Adver., Inc. v. City of Atmore Binkley v. Metro. Gov't of Nashville Blancett-Maddock v. City of Pittsburgh Zoning Bd. of Adjustment Borough of Moosic v. Zoning Hearing Bd. of the Borough of Moosic Boston Edison Co. v. Mass. Water Res. Auth. Bounds v. State of N.M. Brackett v. Moler Raceway Park, LLC Brownback v. Doe Brownstone Assoc. v. Mayor and Council of the Twp. of Little Falls Bruner v. Josephine County CCal. Bldg. Indus. Ass'n of Cent. Cal. v. County of Stanislaus Calif. Wilderness Coal. v. U.S. Dep't of Energy Campbell v. Tiverton Zoning Bd. Cappo v. Suda Carl R. Cox, LLC v. Louisville Jefferson County Metro. Sewer Dist. Carolina Chloride, Inc. v. Richland County Cedar Fair, LP v. City of Santa Clara Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield Charter Twp. of Chesterfield v. Burton Chawankee Unified Sch. Dist. v. County of Madera Cherry Valley Pass Acres and Neighbors v. City of Beaumont Chevere v. City of New York Chinese Staff and Workers' Ass'n v. Burden Christian Assembly Rios de Agua Viva v. City of Burbank Christmas v. Town of Smyrna Ciszek v. Kootenai County Bd. of Comm'rs Citizens for a Better Eureka v. Cal. Coastal Comm'n Citizens Planning Ass'n v. City of Santa Barbara Citizens State Bank v. Dixie County City Nat'l Bank of Fla. v. City of Tampa City of Boonville v. Am. Cold Storage City of Cayce v. Norfolk S. Ry. Co. City of Cohasset v. Minn. Power City of Dallas v. CKS Asset Mgmt., Inc. City of Dallas v. Stewart City of Fed. Way v. Town & Country Real Estate, LLC City of Gatesille v. Hughes City of Indianapolis v. Armour City of Jeffersonville v. Hallmark at Jeffersonville, LP City of Los Angeles v. Superior Court City of N. Oaks v. Sarpai City of N. Richland Hills v. Home Town Urban Partners, Ltd. City of Newburyport v. Woodman City of Waco v. Tex. Comm'n on Envtl. Quality Clallam County v. Dry Creek Coal. Clark County v. W. Wash. Growth Mgmt. Hearings Review Bd. Clean Water Coal. v. M Resort, LLC Clear Channel Outdoors v. Tenn. Dep't of Transp. Clemmer v. Rowan Water, Inc. CMB Capital Appreciation, LLC v. Planning and Zoning Comm'n of the Town of N. Haven Cmty. House, Inc. v. City of Boise Cmty. Youth Athletic Center v. City of Nat'l City Coastal Outdoor Adver. Group, LLC v. Twp. of E. Hanover Coastal Outdoor Adver. Group, LLC v. Twp. of Union Collings v. Planning Bd. of Stow Columbia Riverkeeper v. Clatsop County Concerned Citizens to Save Roxbury v. Bd. of Envtl. Prot. Concerned Residents of Hancock Park v. City of Los Angeles Congregation Anshei Roosevelt v. Planning and Zoning Bd. of the Borough of Roosevelt Continental Prop. Group, Inc. v. City of Minneapolis Cook Rd. Inv., LLC v. Bd. of Cuyahoga County Comm'rs Copeland v. Genoa Twp. Cortensini v. Hamilton Twp. Planning Bd. County Council of Prince George's County v. Billings County of Hawai'i v. C & J Coupe Family Ltd. P'ship County of Los Angeles v. Hill County of Los Angeles v. Sahag-Mesrob Armenian Christian Sch. Coutu v. Town of Cavendish Covenant Christian Ministries, Inc. v. City of Marietta Critical Area Comm'n for the Chesapeake and Atlantic Coastal Bays v. Moreland, LLC Ctr. for Food Safety v. Vilsack Curry v. Clackamas County DDaily v. City of Sioux Falls Dalarna Farms v. Access Energy Coop Darensburg v. Metro. Transp. Comm'n Dawkins & Smith Homes, LLC v. Lownes County DeCook v. Rochester Int'l Airport Joint Zoning Bd. Dedreaux Util. Co., Inc. v. City of Gulfport DEG, LLC v. Twp. of Fairfield DeLanghe v. Lyon County Bd. of Comm'rs Demonbreun v. Metro. Bd. of Zoning Appeals Dep't of Transp. v. NICO-WF1, LLC DeVito v. Zoning Bd. of Adjustment of the Twp. of Middletown D-Mil Prod., Inc. v. DKMT Co. Douglas v. Planning and Zoning Comm'n of the Town of Watertown Dow Agrosciences LLC v. Nat'l Marine Fisheries Serv. Dreskin v. Zoning Bd. of Adjustment of the Twp. of Jackson Dunn v. City of Milwaukie EE. Hampton Indoor Tennis Club, LLC v. Zoning Bd. of Appeals of Town of E. Hampton Eddins v. City of Lewiston Elijah Group, Inc. v. City of Leon Valley, Tex. Eliot Shores, LLC v. Town of Eliot Elk Hills Power, LLC v. Bd. of Equalization Erin Estates, Inc. v. McCracken Eschtruth Inv. Co., LLC v. City of Amherst Estremado v. Jackson County Evans v. City of Emporia Ex parte Baldwin County Planning and Zoning Comm'n FFeil v. E. Wash. Growth Mgmt. Hearings Bd. Fortenberry v. City of Jackson Fortune v. Thompson Forum Architects, LLC v. Jetton Fournier v. Planning Bd. of N. Andover Franklin v. City of Berea Freeman v. Gregoire Fremont Neighborhood Council v. City of Seattle Friends of Congaree Swamp v. Fed. Highway Admin. Friends of Yamhill County v. City of Newberg Fulton County v. Action Outdoor Adver. GG.L. v. State Ethics Comm'n Gage, Inc., LLP v. Vill. of Sister Bay Garrett Operators, Inc. v. City of Houston Gateway Opencut Mining Action Group v. Bd. of County Comm'rs Generation Realty, LLC v. Catanzaro Genon Mid-Atl., LLC v. Montgomery County Gentile v. Vill. of Tuckahoe Zoning Bd. of Appeals Giltner Dairy, LLC v. Jerome County Gladstone Partners, LP v. E. Union Twp. Gold Course Investors of NH, LLC v. Town of Jaffrey Goodspeed Airport LLC v. E.Haddam Inland Wetlands & Watercourses Comm'n Gordon v. Town of Rye Gosain v. County Council of Prince George's County Graham Neighborhood Ass'n v. F.G. Assocs. Granger Group v. Town of Taghkanic Grant County Concerned Citizens v. Grant County Bd. of Comm'rs Gray v. City of Indianola Great Lakes Soc'y v. Georgetown Charter Twp. Greater New Orleans Fair Housing Action Center v. U.S. Dep't of Housing and Urban Dev. Greater Yellowstone Coal. v. Lewis Griswold v. City of Homer Guggenheim v. City of Goleta Gunderson, LLC v. City of Portland HHapner v. Tidwell Harper Park Two, LP v. City of Austin Harrison v. Mayor and Bd. of Alderman of the City of Batesville Hawkins v. Bonneville County Bd. of Comm'rs Heffernan v. Missoula City Council Henry v. Jefferson County Comm'n Hildebrand v. Town of Menasha Hilton Head Auto., LLC v. S.C. Dep't of Transp. Hinds County v. Mississippi Comm'n on Envtl. Quality HNS Dev., LLC v. People's Counsel for Baltimore County Hooper v. Twp. of Gloucester Planning Bd. Hopewell Valley Citizens' Group, Inc. v. Berwind Prop. Dev. Co., LP Hussein v. Vill. of Germantown Bd. of Zoning Appeals IIn re Adoption of Highlands Reg'l Master Plan In re Condemnation by the Borough of Blakely In re JLD Props. of St. Albans, LLC In re Laberge Moto-Cross Track In re MDL—1824 Tri-State Water Rights Litig. In re Rinkers Inc. In re Times and Seasons, LLC Act 250 Reconsideration In the Matter of Enlarging, Extending and Defining the Corporate Limits and Boundaries of the City of Horn Lake In the Matter of Modification of Freshwater Wetlands Statewide Gen. Permits In the Matter of Opening a Private Rd. for O'Reilly In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the N.J. Council on Affordable Housing Inland Prods., Inc. v. City of Columbus Int'l Church of the Foursquare Gospel v. City of San Leandro Interstate Cos., Inc. v. City of Bloomington Islamic Cultural Ctr. of Monticello, Inc. v. Vill. of Monticello JJackson County Bd. of Supervisors v. Hayes Jacksonville Prop. Rights Assoc., Inc. v. City of Jacksonville Jacobs Farm/Del Cabo, Inc. v. W. Farm Serv., Inc. Jeanie's Trucking, LLC v. Jefferson Davis Parish Police Jury Jennings v. Bd. of Supervisors of Northumberland County Jo-Fra Props., Inc. v. Bobbe Johnson v. Bd. of Appeals of Andover Johnson v. McCarran Int'l Airport and Dvorchak v. McCarran Int'l Airport Johnson v. Paynesville Farmers Union Coop. Oil Co. Johnson v. Zoning Bd. of Appeals of Marblehead Jones v. Lutken Joseph v. N. Whitehall Twp. Bd. of Supervisors JT Tao & Co., Inc. v. City of New York KKillbuck Concerned Citizens Ass'n v. J.M. Corp. King v. Bd. of County Comm'rs of the County of Fremont King's Ranch of Jonesboro, Inc. v. City of Jonesboro Kittitas County v. E. Wash. Growth Mgmt. Hearings Bd. Klamath Irrigation Dist. v. United States Klemm v. Am. Transmission Co., LLC Kobobel v. State Dep't of Natural Res. Komondy v. Zoning Bd. of Appeals of the Town of Chester Kraemer Mining & Materials, Inc. v. City of Sauk Rapids Krempasky v. Nez Perce County Planning and Zoning Kroger Co. v. Plan Comm'n of the Town of Plainfield Kruse v. Walworth County Dep't of Land Use and Res. Mgmt. Ky. Pub. Serv. Comm'n v. Shadoan LL & S Water Power, Inc. v. Piedmont Triad Reg'l Water Auth. La. Local Gov't Envtl. Facilities v. All Taxpayers Lake Beulah Mgmt. Dist. v. State Lakeside Manor v. State Dep't of Envtl. Prot. Lamar Co., LLC v. City of Kansas City Lauer v. Pierce County Lee v. City of Norfolk Levine v. Town of Sterling Linque H.C. Partners, LLC v. N. J. Meadowlands Comm'n Lorenz v. Inland Wetlands and Watercourses Comm'n of the Town of Old Saybrook Lozano v. City of Hazelton Ludwig v. Bella Casa, LLC MMahwah Realty Assocs., Inc. v. Twp. of Mahwah Main St. Dev. Group, Inc. v. Tinicum Twp. Bd. of Supervisors Mammoth Lakes Land Acquisition, LLC v. Town of Mammoth Lakes Maple St. A.M.E. Zion Church v. City of Williamsport Marion Energy, Inc. v. KFJ Ranch P'ship Market St. Mission v. Zoning Bd. of Adjustment of the City of Asbury Park Martin v. Camas County MATL LLP v. Salois McClure v. City of Hurricane McKee v. City of Starkville McMilian v. King County Metro. Gov't of Nashville v. Barry Constr. Co., Inc. Mich. v. U.S. Army Corps of Eng'rs Mildenberger v. United States Miller v. City of Annapolis Historic Pres. Comm'n Milrad v. Hamden Planning & Zoning Comm'n MLC Auto., LLC v. Town of S. Pines Montgomery County v. Butler Moorhead Econ. Dev. Auth. v. Anda Morikawa v. Zoning Bd. of Appeals of the Town of Weston Mueller v. Chippewa County Zoning Bd. of Adjustment NN. Adams Apartments Ltd. P'ship v. City of N. Adams N. Calif. River Watch v. Wilcox N. End Realty, LLC v. Mattos NAR Farms, LLC v. Borough of Glassboro Planning Bd. Narragansett Improvement Co. v. Wheeler Nash v. Campbell County Fiscal Court Nat'l Ass'n for the Advancement of Colored People v. City of Kyle Nat'l Mining Ass'n v. Jackson Nat'l Petrochemical & Refiners Ass'n v. U.S. Envtl. Prot. Agency Nat'l Pork Producers Council v. U.S. Envtl. Prot. Agency Naylor v. Prince George's County Planning Bd. Nelson v. City of Hampton Nelson v. County of Kern Nelson v. State of Kan. Dep't of Agric. Nesvig v. Crow Wing County New Energy Econ., Inc. v. Martinez Nexum Dev. Corp. v. Planning Bd. of Framingham Nockamixon Twp. v. Noxamixon Twp. Zoning Hearing Bd. Northgate Condo. Ass'n, Inc. v. Borough of Hillsdale Planning Bd. Norwood v. Wash. County OOakleigh Thorne v. Vill. of Millbrook Planning Bd. Oh v. Nat'l Capital Revitalization Corp. Ohio River Valley Envtl. Coal., Inc. v. Salazar Olmsted County Concerned Citizens v. Minn. Pollution Control Agency Omnipoint Commc'ns, Inc. v. Zoning Bd. of Adjustment of the Borough of Rutherford Or Khaim Hashalom v. City of Santa Monica Orange Stones Co. v. Borough of Hamburg Organized Vill. of Kake v. U.S. Dep't of Agric. PPaisley v. Darwin Parks Legal Def. Fund v. City of Huntington Beach Pecchio v. Saum Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County People Theatres of N.Y., Inc. v. City of New York Petersen v. Riverton City Phoenix Dev., Inc. v. City of Woodinville Pinsly v. Town of Huntington Piquet v. Town of Chester Placer Mining Co., Inc. v. United States Planning and Zoning Comm'n of the Town of Pomfret v. Freedom of Info. Comm'n Pomeranc-Burke, LLC v. Wicomico Envtl. Trust, Ltd. Porter County Bd. of Zoning Appeals v. Lamar Adver. Nw. Ind. Power of Praise Worship Center Church v. Vill. of Dixmoor Pres. Palm Beach Political Action Comm. v. Town of Palm Beach QRR.R. Comm'n of Tex. v. Tex. Citizens for a Safe Future and Clean Water Rapoport v. Zoning Bd. of Appeals of the City of Stamford Redrock Valley Ranch, LLC v. Washoe County Renaissance Centro Columbia, LLC v. Broida RHJ Med. Ctr., Inc. v. City of DuBois Richards v. Tompkins County Ridgefield Housing Auth. v. Ridgefield Water Pollution Control Auth. Riggins v. City of Kansas City Rockville Haven, LLC v. Town of Rockville Roman Catholic Bishop of Springfield v. City of Springfield Roman Catholic Diocese of Rockville Centre v. Inc. Vill. of Old Westbury Rondigo, LLC v. Twp. of Casco Russell Forest Mgmt., LLC v. Town of Henniker SS. Fork Water and Sanitation Dist. v. Town of S. Fork S. Orange County Wastewater Auth. v. City of Dana Point Sackllah Inv., LLC v. Charter Twp. of Northville Safeguarding the Historic Hanscom Area's Irreplaceable Res., Inc. v. Fed. Aviation Admin. San Buenaventura Conservancy v. City of Oxnard San Luis Obispo Mothers for Peace v. Nuclear Regulatory Comm'n Sanchez v. Town of Beaufort Santa Clarita Org. for Planning the Env't v. City of Santa Clarita Scarborough v. Hunter Schabel v. Troyan Schaefer v. Town of Hillsborough Schellenberg v. Twp. of Bingham Schuykill Twp. v. Pa. Builders Ass'n. Se. Alaska Conservation Council v. Fed. Highway Admin. Setniker v. Polk County Severance v. Patterson Shirley Wayside Ltd. P'ship v. Bd. of Appeals of Shirley Shop-Rite Supermarkets, Inc. v. Planning Bd. of the Town of Wawarsing Sierra Club v. Jackson Sierra Club v. Kimbell Signature Cmtys., LLC v. Borough of Red Bank Zoning Bd. of Adjustment Siporen v. City of Medford Sky's the Limit, Inc. v. Zoning Hearing Bd. of Smithfield Smith v. County Comm'rs of Kent County Smith v. Wash. County Sossamon v. Texas Spelinhauer v. Town of Barnstable Spokane County v. E. Wash. Growth Mgmt. St. Charles County v. Laclede Gas Co. St. Charles County v. Laclede Gas Co. St. Clair County Home Builders Ass'n v. City of Pell City St. Paul Branch of the Nat'l Ass'n for the Advancement of Colored People v. U.S. Dep't of Transp. Stachowiak v. Shawano County Zoning Bd. Stafford v. Kootenai County State Comm'r of Transp. v. 200 Route 17, LLC State Comm'r of Transp. v. Kettleson State of S. Dakota Dep't of Transp. v. Clark State v. Hess Corp. Steele v. City of Shelley Stevens County v. E. Wash. Growth Mgmt. Hearings Bd. Struthers v. City of Seattle Subdivisions, Inc. v. Town of Sullivan Sunnyvale W. Neighborhood Ass'n v. City of Sunnyvale Sussex County Assoc., LLC v. Rutgers Swan Lake Area Wildlife Ass'n v. Nicollet County Bd. of County Comm'rs TTargovnik v. City of Dunwoody Zoning Bd. of Appeals Templeton v. Town of Boone Terry v. Sperry Texas v. U.S. Envtl. Prot. Agency Third Church of Christ Scientist of New York City v. City of New York Three Wide Entm't v. City of Athens Bd. of Zoning Appeals Thurston County v. W. Wash. Growth Mgmt. Hearings Bd. T-Mobile Ne., LLC v. Twp. of Cherry Hill Zoning Bd. of Adjustment T-Mobile Ne., LLC. v. Zoning Bd. of Adjustment of the Borough of New Milford Toll Bros., Inc. v. Corzine Tomlinson v. County of Alameda Toups v. City of Shreveport Town of Avon v. W. Cent. Conservancy Dist. Town of Babylon v. Fed. Housing Finance Agency Town of Boxford v. Mass. Highway Dep't Town of Kearney v. Discount City of Old Bridge Town of Levant v. Taylor Town of Vassalboro v. Barnett Travis v. Tr. of Lakewood Park Tri-County Metro. Transp. Dist. of Or. v. Posh Ventures, LLC Troy Sand & Gravel Co., Inc. v. Town of Nassau Trunk v. City of San Diego TSI Marlboro, Inc. v. Twp. of Marlboro Zoning Bd. of Adjustment Turchi v. Philadelphia Bd. of License and Inspection Review Turner v. City of Flagstaff Twp. of Millcreek v. Angela Cres Trust of June 25, 1998 UU.S. v. Gen. Elec. Co., Inc. Union Elevator & Warehouse Co., Inc. v. State Dep't of Transp. Uniontown Retail #36, LLC v. Bd. of Comm'rs of Jackson County VValley Advocates v. City of Atwater Veltri v. N.Y. State Office of the State Comptroller Vieux Carre Prop. Owners, Residents, and Assocs., Inc. v. Hotel Royal, LLC Vill. of Bellwood v. Am. Nat'l Bank and Trust Co. of Chicago Vill. of Pinecrest v. GREC Pinecrest, LLC Vill. of Pomona v. Town of Ramapo Vogel v. City of Richland WW. Watersheds Project v. Bureau of Land Mgmt. W. Watersheds Project v. Salazar Wadsworth Twp. Bd. of Trustees v. Medina County Warrington v. Zoning Bd. of Appeals of Rutland Wash. Commons, LLC v. City of Jersey City Wasserman v. City of Fremont Weinstein v. Inland Wetlands Agency of the Town of Madison West v. McDonald Whatcom County Fire Dist. v. Whatcom County Wild Fish Conservancy v. Salazar Wilderness Soc'y v. Kane County Wilderness Watch, Inc. v. U.S. Fish and Wildlife Serv. Wilderness Waters & Woods Pres., LLC v. Oneida County Bd. of Adjustment Wilson & Wilson v. City Council of Redwood City Wilson v. Palm Beach County Wilson v. Town of Yemassee Wollmer v. City of Berkeley Wylie v. State XYYuma Valley Land Co., LLC v. City of Yuma ZZeis v. Woodford County Fiscal Court Zutz v. Nelson Zwiefelhofer v. Town of Cooks Valley | ||